asked the Taoiseach if the state of national emergency proclaimed by Dáil Éireann on 2nd September, 1939 still exists; and, if so, why.
Ceisteanna—Questions. Oral Answers. - State of National Emergency.
2.
The resolutions passed by the Dáil and Seanad on the 2nd September, 1939, pursuant to Article 28.3.3º of the Constitution, are still in force.
The first point I should like to emphasise in relation to this matter is that the main effect of the resolutions is to protect from invalidation by reference to the Constitution any law expressed to be for the purpose of securing the public safety and the preservation of the State in time of war or armed rebellion. There is no such law in operation—nor even on the Statute Book—at the moment. Consequently, for these resolutions to have any effect, the Oireachtas must first pass the legislation which is to be protected by the resolutions.
Secondly, it will be observed from Article 28.3.3º that the initiating resolutions may be passed only when there is an armed conflict in existence. If the terminating resolutions were to be passed now, the protection of new resolutions could only be obtained at meetings of the Houses of the Oireachtas after the commencement of an armed conflict arising out of which a national emergency existed affecting the vital interests of the State. In view of the international situation and the speed of delivery and the destructive power of the weapons of war now available, the Government would consider it unwise to move the terminating resolutions and so deprive themselves—or any future Government which foresaw an imminent war—of the protection of Article 28.3.3º for the public-safety legislation that it might be deemed necessary to bring into effect before a war had actually commenced.
Does the Taoiseach's reply not mean that the provisions of the Constitution have been in suspension for a period of 25 years——
No.
——and that, in fact, it is proposed to continue the suspension of these provisions? Further, I should like the Taoiseach to say if these emergency powers, which apparently are still in the possession of the Government——
There are no emergency powers at the moment.
Surely a state of emergency was declared and was not "undeclared", if such a word is permissible? Are any of the Ministers of State empowered by that declaration of a state of emergency to eavesdrop by telephone on private citizens?
If the Deputy studies the reply I have given, he will find that there is no law in force or on the Statute Book to which this resolution is applicable.