asked the Minister for Foreign Affairs the notification, if any, he gave to the Council of Ministers of the European Community of the recent declaration of a state of emergency and the enactment of emergency powers legislation.
Ceisteanna—Questions. Oral Answers. - Emergency Powers Legislation.
21.
On 18th October, 1976 the Secretary-General of the Council of Europe was informed by a note from the Permanent Mission of Ireland to the Council of Europe of the resolution of both Houses of the Oireachtas on 1st September, 1976 regarding the existence of a state of emergency and of the subsequent enactment of the Emergency Powers Act, 1976. As this enactment could involve derogation from the obligations imposed by the Convention for the Protection of Human Rights and Fundamental Freedoms, the Secretary-General was requested to regard the note as informing him accordingly in compliance with the requirements of Article 15 (3) of the convention. A copy of the Emergency Powers Act was attached.
The following day, the Secretary-General of the Council of Europe acknowledged receipt of this notice and stated that it would be communicated to the other contracting parties to the European Convention on Human Rights. I have been informed that the full text of the Irish note was sent by the Council of Europe to these States on 27th October, 1976.
As the Deputy is aware, each of the nine member states of the European Communities has ratified the European Convention on Human Rights. The Community, as such, is not of course a contracting party. There is no obligation to notify the Council of Ministers of the European Communities of a declaration of a state of emergency or of the enactment of emergency legislation by a member state. I do not think it would be appropriate to give notification of these measures to the Council of Ministers, particularly when each of the member states of the European Communities has already received formal notification from the Council of Europe.
The text is not in the Oireachtas Library. Would the Minister ensure it will be made available as soon as possible?
Yes.
Would the Minister not think it appropriate that, either formally or informally, he should communicate to his Council colleagues that what we have here is, as he described it himself, a technical or a mini-emergency and that this does not entitle him to derogate from any convention?
I do not think that this is appropriate to the Community structure. There is nothing in the Community or in the co-operation procedures of the Nine which would render such a communication appropriate.
Have any of his Council colleagues sought any information from him, formally or otherwise, as to the declaration of a state of emergency, and if so what response did the Minister give—has he told them that it is in fact only a technical emergency?
I have had no inquiries from any of them.
I have had inquiries from member states.