Vol. 241 No. 10
asked the Minister for Justice if in view of repeated expressions of concern by Government spokesmen in recent months for full civil rights in all parts of Ireland he will introduce amending legislation to abolish the Offences Against the State Acts.
146.
asked the Minister for Justice if it is proposed to take steps to have the Offences Against the State Acts removed from the statute book; and, if so, when.
With your permission, a Cheann Comhairle, I propose to take Questions Nos. 145 and 146 together.
I do not accept that there is a denial of civil rights in this part of the country and I do not propose to introduce legislation as suggested.
In view of the repeated analogy drawn by spokesmen for the Northern Ireland Government between their Special Powers Act and the Offences Against the State Acts in this part of the country—we do not accept that there are precise analogies to be drawn between the two pieces of legislation—does the Minister concede that certain aspects of arrest without warrant, military courts, for example, contained in this legislation of ours are now worthy at least of amendment or abolition or, indeed, review by the Minister for Justice so that we may continue to prove that our State is fully democratic with full civil liberties?
There will always be allegations and lies by those who wish to carry on that kind of propaganda for their own purposes. This country is a signatory to the European Convention on Human Rights. It has also accepted the special provision in that convention whereby any private individual who feels deprived of rights recognised by that convention may, after exhausting the remedies provided by municipal law or by domestic law, appeal to the European Commission on Human Rights. In the face of this commitment—enforceable by an international tribunal—any suggestion that civil rights are being withheld from any section of the community here is completely misconceived. There is a long litany of the difference. For instance, under the law as it exists in Northern Ireland, firstly, the Minister for Home Affairs may prohibit the holding of inquests on dead bodies in any area of Northern Ireland or prohibit any particular inquest. Secondly, the civil authority is defined as the Minister for Home Affairs, who may delegate his powers even to his Parliamentary Secretary or any officer of the RUC. They are empowered to do all or any of the following things: impose curfews in any area between any hours: require licensed premises in any area to be closed; prohibit the keeping of motor cars by any person without a permit; prohibit any public meeting without any right of appeal to the courts; enter or be in access, without warning, to any land, buildings or other property whatsoever; close roads; take possession of any lands, buildings or other property or do any other act of interference with private property; order any person to furnish any information whatsoever; arrest persons without warrant and detain them indefinitely without trial without any prior proclamation by the Government and without any provision for an inquiry into detention by a commission as is provided in the Offences Against the State Act. In addition, a person who does any act of such a nature as to be calculated to be prejudicial to the preservation of peace or maintenance of order in Northern Ireland and not specifically provided for is deemed to be guilty of an offence. Finally, the Minister for Home Affairs there may add or vary new criminal offences without the positive approval of Parliament. In view of that litany let those who want to denigrate the position here compare it with the position there. There is no question of rights being denied here.
I am very much aware that the provisions as outlined in the Special Powers Act do not happily reside in the Minister's hands here nor indeed does it seem to be his wish that they should. I am aware that the Minister and I would equally reject any direct analogy between the Special Powers Act and the Offences Against the State Act here. However, we are conscious that the Offences Against the State Act was brought in at a time of unprecedented national emergency in this country when the future preservation of the structure of the State was certainly called into question, but that particular atmosphere and climate no longer exist and within our Offences Against the State Act there are provisions which, if implemented and put into full effect, could certainly circumscribe our interpretation of civil liberties. Although redress may be had to international tribunals subsequently, nevertheless these provisions remain and perhaps they would be worthy of review by the Minister at this point in time without adopting a rather obdurate manner in relation to the current legislation. We put this to the Minister in all humility because we do not wish to be classified by Northern Ireland spokesmen in a light which we do not particularly want, a view which would be shared by the Minister.
The Deputy will appreciate that, first, to bring in these powers that were acquired under the Offences Against the State Act there would have to be a formal proclamation as prescribed by law here. Secondly, because of our subscription to the Convention on Human Rights we would have to show, before utilising any of these powers, that the ordinary courts of our land failed to deal with the situation. So there is this international safeguard there. In those circumstances I see no reason to take this off the Statute Book to pander to the whims of those who evidently are not concerned with truth but concerned with misrepresentation.
