I move that the Bill be now read a Second Time. The Bill represents a second step in bringing the national legislation into accord with the provisions of the 1949 Geneva Conventions relative to:—
(a) the treatment of prisoners of war, known as the Prisoners of War Convention; and
(b) the protection of civilian persons in time of war, known as the Civilians Convention,
preparatory to the ratification of those conventions. The first step in that direction was taken when the Red Cross Act, 1954, relating principally to Red Cross matters, was enacted. A third measure remains to be introduced. This, which will be sponsored by the Minister for Justice, will deal with the domestic law in relation to those articles of the conventions aimed at the punishment of grave breaches of the conventions.
Beginning in 1864, when the first Geneva Convention was signed with the object of improving the fate of wounded belonging to armed forces in active service, efforts, translated into a number of conventions, have been made down through the years to better the conditions of members of armed forces who fall into the power of the enemy.
The 1949 Prisoners of War Convention gives expression to the present-day desire of nations to apply the highest possible humanitarian principles in their relations with prisoners of war. The convention introduces many new and important features. Prior to the 1949 Convention only members of the "armed forces" were regarded as prisoners of war and treated as such. The 1949 Convention defines the expression "Prisoners of War" in a much wider sense to include, in addition to armed forces who have fallen into the power of the enemy, members of militias and other volunteer corps and organised resistance movements, fulfilling certain conditions; persons accompanying the armed forces without actually being members thereof such as civilian members of military aircraft crews, war correspondents, supply contractors, etc., provided they have received authorisation from the armed forces which they accompany; members of crews of the merchant marine and of civil aircraft of the parties to the conflict who do not benefit by more favourable treatment under any other provisions of international law and the inhabitants of a non-occupied territory who take up arms to resist an invader, provided they carry arms openly and obey the laws and customs of war.
The convention also provides that persons belonging to any of the categories of persons defined as prisoners of war who have been received by neutral or non-belligerent powers on their territory and whom these powers are required to intern under international law shall be treated as prisoners of war without prejudice to any more favourable treatment which may be accorded. This provision is important from the standpoint of neutral countries and will help them in overcoming problems in their dealings with belligerent forces.
Other new features of the convention provide for the issue to persons entitled to be treated as prisoners of war of identity cards by their own Governments and for the issue of pay to noncommissioned officers and men as well as to officers, as formerly. The necessary financial adjustment will be effected at the end of hostilities. There is a further new provision laying down minimum rates of working pay and the conditions of work generally are closely related to those governing similarly employed civilian workers in the same locality. A great advance has been made in the matter of repatriation. This must now take place without delay after the cessation of active hostilities instead of, as formerly, as soon as possible after the conclusion of peace.
The Civilians Convention is an entirely new convention aimed at protecting the fundamental rights of the civilian population. It does not apply to aliens interned in neutral countries in time of war. The convention defines the categories of persons which it protects and regulates the treatment which must be accorded such persons. Protected persons who are a danger to the security of the State, for example, spies, are not entitled to claim such rights and privileges under the convention as would, if exercised in their favour, be prejudicial to the security of the State. Such persons must, however, be treated humanely until it is found possible to restore their full rights. Where a party to the conflict finds it necessary to deny protected persons an opportunity of supporting themselves that party must ensure their support as well as that of their dependents. Protected persons who may desire to leave the territory of a party to the conflict are entitled to do so unless their departure is contrary to the national interests of the State. If permission to leave the territory is refused, the refusal must be open to periodical review by an appropriate court or administrative board. If it is necessary to intern protected persons or assign them to a fixed residence their position must likewise be reviewed periodically.
Conditions of internment for protected persons are laid down in detail in the convention. These conditions are on the lines of those prescribed in the Prisoners of War Convention for prisoners of war.
The Bill I am now presenting to the Seanad contains several references to particular articles or portions of the conventions with which the measure is concerned. Copies of the conventions have been presented to the House by the Minister for External Affairs and Senators will, no doubt, have read them. A brief description of the nature of the principal provisions of the portions concerned of the conventions, particularly of those portions which will be dealt with by regulations, has, however, been given in the explanatory memorandum which was circulated with the text of the Bill. Senators will see from Sections 2 and 3 of the Bill that power is sought to deal with a miscellaneous number of matters by regulations. There is no other way by which the mass of detail contained in the particular portions concerned of the conventions could be satisfactorily dealt with. Senators will, however, have an opportunity of examining the regulations as they will be laid before the House.
If the House wishes, I will go into a general discussion of the Bill, but I do not suppose there is any necessity to do so. The whole object of the Bill is to enable us to ratify the conventions. We are one of a number of nations who have not yet done so: it has been ratified by a great number. We are in the wrong queue and we should like to get into the other queue as soon as possible.