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Dáil Éireann debate -
Tuesday, 6 Dec 1960

Vol. 185 No. 5

Ceisteanna—Questions. Oral Answers. - State of Emergency: Terminating Resolution.

1.

asked the Taoiseach if it is proposed to bring before each of the Houses of the Oireachtas a resolution terminating the state of emergency which was declared by resolution in September, 1939; and, if so, when.

Having regard to the present very unsettled international situation, I do not consider that this would be an appropriate time for action as suggested in the Question.

In view of the fact that this declaration of an emergency, which took place in 1939, was for the purpose of securing public safety and the preservation of the State in time of war and armed rebellion and in view of the fact that the time of war is well past this 15 years, surely the Taoiseach will agree that it is only fair and just that such temporary legislation should go by the board?

The Deputy is making an argument, not asking a question.

Would the Taoiseach not consider that 15 years after the termination of war is a sufficient period for the termination of legislation enacted in 1939?

There is no legislation now in existence which depends for its validity upon the resolution of 1939.

Is it not a fact that the state of emergency declared in 1939 is in existence and obtains until such time as both Houses of the Oireachtas, by resolution, change the situation?

This is purely a theoretical question. There is no legislation in existence which depends for its validity on that resolution.

Is there a state of emergency in existence? That is all we want to know.

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