Alan M. Dukes
Question:5 Mr. Dukes asked the Taoiseach if the state of emergency declared in 1940 still obtains.
Ceisteanna — Questions. Oral Answers. - State of Emergency.
The national emergency referred to by the Deputy ceased by virtue of resolutions of the Dáil and Seanad on 1 September 1976. The same resolutions established a new state of emergency arising from the armed conflict in Northern Ireland. There are no plans at present to request the Houses of the Oireachtas to rescind these resolutions.
Is the state of emergency now in existence one contemplated by section 4 of the 1954 Defence Act?
The principal effect of the existing state of emergency is section 15 of the Criminal Law Act, 1976, which gives the Defence Forces powers of search and arrest in certain circumstances.
That is not an answer to my question. I asked if it is a state of emergency as contemplated in section 4 of the 1954 Defence Act. If it is, section 3 of the Defence (Amendment) Bill now before the House means that none of the associations provided for in that Bill can come into effect. Will the Taoiseach clarify whether it is a state of emergency as contemplated under section 4 of the 1954 Defence Act?
It is a state of emergency under the resolutions which established the state of emergency in 1976.
Will the Taoiseach establish whether the resolution that established the state of emergency in 1976 was itself based on section 4 of the 1954 Act? If it was, it means that none of the associations provided for in the Defence (Amendment) Bill currently before the House can be set up or, if they are, they will be immediately dissolved.
The resolution which was passed on 1 September 1976 was as follows: "The Dáil and Seanad Éireann hereby resolve, pursuant to subsection (3) of section 3 of Article 28 of the Constitution...." and goes on to elaborate on the position about armed conflict in the North of Ireland.