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Dáil Éireann debate -
Friday, 6 Nov 1931

Vol. 40 No. 9

Private Notice Question. - Detention of Dublin Men.

asked the Minister for Justice whether he is aware that a person named James Stephens has been detained in the Bridewell since Saturday and whether that person has been notified that he will be brought before the Tribunal in accordance with Section 14 of the Constitution (Amendment No. 17) Act, and whether in accordance with the said section any inspector or other officer has made any statement on oath before any Court of Justice and what was the nature of that statement; and further whether in view of the fact that he has been detained for a longer period than seventy-two hours without any evidence being produced against him, the Minister will have him released.

Stephens was arrested at 8.10 a.m. on the 31st ultimo and notified on the 2nd instant in writing by an officer of the Gárda Síochána that he would be brought before the Constitution (Special Powers) Tribunal. In accordance with Part III, Section 17, sub-section (2), of the Constitution (Amendment No. 17) Act, 1931, the trial will take place within one month of the date of such notification.

May I ask the Minister whether any specific charge has been made against him?

There has been no trial but he has been informed that he will be brought before the Tribunal. That is all that is necessary.

Will he be afforded an opportunity of preparing his defence?

He will be afforded the same opportunity as everybody else.

According to the ordinary civil law?

According to the regulations.

Will the Minister say whether he is going to publish the regulations?

I do not publish any regulations.

How is he to know?

If the Deputy has even an elementary knowledge of the Act he will know that I do not publish any regulations with reference to the trials at all.

How is he to know how to conduct his trial?

I would advise the Deputy to read the Act and, when he has read it, to come back with his supplementaries.

Will the Minister say if the prisoner will be told the charge on which he is being tried?

Will the Minister say what rules will be adopted?

I have already told the Deputy half-a-dozen times that I do not draw up the rules.

They are not in the Act, and you are not giving any indication of what the rules are or how he is to proceed.

If the Deputy reads the Act he will see how the rules are to be drawn up.

They are not in the Act.

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