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Dáil Éireann debate -
Wednesday, 19 Jun 1940

Vol. 80 No. 15

Emergency Powers (Amendment) (No. 2) Bill, 1940—Second Stage.

I move that the Bill be now read a Second Time. This is the second amending Bill to the Emergency Powers Act. Although a very small Bill, it is a very important one. Section 2 proposes to delete certain words from the Principal Act. These words are:

"or the making of provision for the trial by courts-martial of persons not being persons subject to military law".

I had better read Section 3, which is self-explanatory:

The Government may, by an order under Section 2 of the Principal Act, make provision for the trial, in a summary manner, by commissioned officers of the Defence Forces, of any person alleged to have committed any offence specified in such order, and, in case of the conviction of such person of such offence, for the imposition and the carrying out of the sentence of death, and no appeal shall lie in respect of such conviction or sentence.

As the House is aware, this Act is operated by means of an order. An order will be issued when this Bill is passed setting out the procedure under which this court will be set up, and, if Deputies wish to raise any question about that order, of course, it will be within their right to do so. The Bill simply deals with this one matter. It is, however, very important, but I can assure the House that the Government would not have brought in any such Bill if they did not think it was absolutely essential in a time like the present.

I suppose it is intended to put on these courts-martial experienced military officers?

Mr. Boland

The intention is to put on this court, under the Order that we intend to issue when the Bill is passed, three of the members constituting the Special Criminal Court. There are five members at present on that court and three of these will constitute the new court. They are the most experienced men we can get for courts of this kind.

Question put and agreed to.

When is it proposed to take the Committee Stage?

Mr. Boland

This is really a Second Reading Bill and I should like to get the remaining stages now.

Have you a Money Resolution for it?

Mr. Boland

No.

Are you sure that no Money Resolution is necessary?

It seems to me that the Money Resolution of the original Bill suffices for possible expenses of this measure.

I suppose it is all right then.

Agreed to take the Committee and Final Stages now.

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