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Dáil Éireann debate -
Friday, 20 Apr 1923

Vol. 3 No. 6

CEISTEANNA—QUESTIONS. [ ORAL ANSWERS. ] - TRIALS BY MILITARY TRIBUNALS.

asked the Minister for Defence (a) how many persons other than military offenders against military law have been tried in the City of Dublin— and how many in the County of Dublin— since the 6th day of December, 1922, by military officers, and how many of such persons have been convicted and sentenced; (b) further, to ask the Minister for Defence whether he recognises that since the Constitution of Saorstát Eireann came into force all such trials are unlawful under the terms of Article 70 of that Constitution, which expressly prohibits military tribunals from exercising jurisdiction over the civil population (even in the time of armed rebellion) "in any area in which all civil courts are open or capable of being held?"

As hostilities are not yet ended it is not in the public interest to give the information asked for in (a). The argument in (b) is not relevant.

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