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Dáil Éireann díospóireacht -
Wednesday, 26 Jun 1935

Vol. 57 No. 7

Ceisteanna—Questions. Oral Answers. - Cork Arrest.

asked the Minister for Justice if he will state on what grounds James Cronin was arrested on 28th May, 1935, and by what authority he was detained in the Bridewell Barracks, Cork, for a period of almost 72 hours and upon what grounds he was rearrested immediately upon leaving the said barracks and by what authority he was again detained in the Bridewell Barracks, Cork, for a further period of almost 72 hours and on what grounds he was rearrested immediately upon leaving the said barracks, and by what authority he was detained for a third consecutive period of 72 hours; and if, on any of these three several occasions he was arrested and detained upon suspicion of being concerned in or having knowledge of the commission of any offences set out in the Appendix to Article 2A of the Constitution; what were the offences upon suspicion of having been concerned in or having knowledge of the commission of which he was arrested and detained in the first, second and third instance referred to in this question respectively.

The person named in the Deputy's question was apprehended and detained in each instance in pursuance of the powers conferred by Article 2A of the Constitution. As this man is now awaiting trial by the Constitution (Special Powers) Tribunal, it would not be proper for me to make any further statement in the matter.

Mr. Lynch

Will the Minister say under what clause of Article 2A of the Constitution this man was apprehended and detained for three successive periods of 72 hours?

Dr. Ryan

I am not able to quote the clause, but I know that his detention was quite legal under the Act.

Mr. Lynch

For the Minister's information, I can tell him that there is only one clause—Clause 14—which empowers the Guards to detain a man for one period of 72 hours only. It is quite obvious that there was here an attempt at an evasion of the restrictions laid down under the Act. The man was kept for nearly 72 hours on the first occasion. He was then allowed outside the door, hauled back again and detained for a second period of nearly 72 hours. He was again let out, hauled back immediately and detained for a third period of 72 hours.

Dr. Ryan

If anything that was done was illegal he has his remedy.

Mr. Lynch

Would the Minister indicate to me what remedy the man has?

Dr. Ryan

I am not his legal adviser.

Take off another 11,000.

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