asked the Minister for Justice (a) the number of prosecutions taken and (b) the number of convictions secured from 1st January 1970 to date for the offence of failing to account for movements under section 52 of the Offences Against the State Act, 1939.
Ceisteanna—Questions. Oral Answers. - Offences Against the State Act Convictions.
43.
During the period mentioned in the question, section 52 has been in force only since 26th May last, when Part V of the Act of 1939 was brought into operation by Government proclamation. No prosecutions have been brought under the section since that date.
Is there any particular reason why that section has not been invoked?
The Taoiseach explained this on Second Stage of the Offences against the State (Amendment) Bill last week.
He said it might be in breach of the European Convention on Human Rights.
I am advised it is.
Can the Minister state which article, or whether it is in breach of a specific article or of the Convention generally?
It is in breach of a specific article. As far as I can remember, it is Article 6.