asked the Minister for Justice (a) the number of times persons have been charged under the Offences Against the State Act since it became law, (b) the aggregate time spent in detention by person detained under this Act, and (c) the number of times persons have been charged under the Act (i) for picketing, and (ii) for being members of an illegal organisation.
Ceisteanna—Questions. Oral Answers. - Offences Against the State Act.
42.
Most of the figures sought are not available. The following particulars are the nearest that can be supplied.
In the period 1939 to 1946, there was a total of nearly 500 convictions under the Act.
No charges were brought under the Act from 1947 until near the end of 1956. From then until 1962 there was a total of 129 convictions.
Apart from the recent prosecutions in respect of picketing outside Leinster House, there have been no prosecutions under the Act since 1963. As I stated in a recent reply, it may be taken that these are the only prosecutions of this kind that have been brought under the Act. They relate, not to picketing of itself, but to picketing in the vicinity of Leinster House. The total number of such prosecutions is 39, affecting 31 persons. Some of the charges at are present sub judice.
Would the Minister agree that when his predecessor introduced the Act in 1939 he assured this House that it would not be invoked in relation to anything but illegal organisations?
The Act, as it stands, in respect to Part V, is of an emergency category, but the others are not and the section in question arises under a specific constitutional provision, spelled into the Constitution, prohibiting any demonstrations near the Houses of the Oireachtas.
That is not the question I asked. I asked the Minister if he would agree that his predecessor in 1939 assured this House that there would be no prosecution, or any action taken, under the Act except against members of illegal organisations.
That is taking the Minister's statement out of context. The attitude——
Would he or would he not?
——adopted by a responsible trade union was that Leinster House, the Houses of the Oireachtas——
The Minister is talking about trade unions. Did his predecessor in 1939, on the introduction of the Offences Against the State Act, assure this House that it would be invoked only against illegal organisations?
I am not aware of that and I shall not say yes or no, until I have seen it in its fullest context.
It is on record.