asked the Minister for Justice if the Government intend to renew the Emergency Powers Act, 1976.
24.
Ceisteanna—Questions. Oral Answers. - Emergency Powers.
23.
asked the Minister for Justice whether it is the intention of the Government to repeal the state of emergency.
With the permission of the Ceann Comhairle I propose to take Questions Nos. 23 and 24 together. With regard to the Emergency Powers Act, the position is that the operative section of the Act expired on 15th October, the Government having previously decided that the provision would not be continued in force after that date. So far as the state of national emergency is concerned, the Government have as yet taken no final decision. In the meantime they do not propose to ask the Houses of the Oireachtas to rescind the resolutions of 1st September 1976.
Can the Minister say why there is such a delay on the part of the Government in deciding that an emergency no longer exists in view of the fact that when in Opposition both the Taoiseach and the Minister condemned the introduction of the emergency in 1976, one saying that it could not exist because there was not a state of war and the Minister saying it was a phoney emergency? What has happened since 1976? Is the situation worse or better, or is it the same? Is there as good a case for keeping the emergency as there was then?
I should like to repeat for the Deputy that no final decision has been taken in regard to the state of emergency.
Will the Minister answer the question why he now believes that there is a reason for the existence of a state of emergency which a year ago he said did not exist? Does the Minister not agree that he was one of the people who made the point that the laws made under the Emergency Powers Act had been abused, even the 48-hour detention provision had been abused, and that it has reduced the level of civil liberties in our society, reduced the conditions of democratic protection for individuals and, therefore, is something that any responsible Government, in the light of our history in this regard, should repeal without delay?
As I said, no final decision has been taken by the Government. Until such time as a final decision is taken I am not in a position to give reasons.
Has the Minister made any proposal to the Government that this matter be considered by the Government? Does he intend to do that or has he done so?
The question of whether or not I made representations to the Government to take a decision is entirely a matter for the Government. Whatever decision is taken, it will be taken by the Government and not by me.
I am grateful for the Minister's reply, which is illuminating. Could I ask the Minister if the Government propose to repeal the Emergency Powers Act and, if so, when can we expect such repeal legislation to be before the House? In addition to that, does the Minister now feel that the grounds for such an emergency no longer exist in our society?
In answer to Deputy Quinn, I should like to repeat that section 2 of the Act has been allowed to lapse. If the Deputy is familiar with what is in the Act he will readily understand the importance of what I am saying.
Will the Minister say why he is presuming that section 2 can be allowed simply to lapse and not be repealed as the result of a motion before the House? Why should the Minister pre-empt the decision of this House following a debate on whether section 2 should be re-introduced?
The Deputy realises better than I do, a Cheann Comhairle, that if this House decides to enact legislation this House has the right to enact legislation.
The Minister was one of the most articulate defenders of civil rights in Opposition.
I still am.