Vol. 242 No. 7
andMr. Timmins asked the Taoiseach if he has received a memorandum from the Association of Irish Jurists regarding a resolution relevant to a state of emergency passed by Oireachtas Éireann in September, 1939; and if he will make a statement on the matter.
3.
asked the Taoiseach if he has received or has had brought to his attention last week the memorandum from the Association of Irish Jurists concerning the continued operation of the State of Emergency in the Republic of Ireland; and the action he proposes to take in this matter.
With your permission, a Cheann Comhairle, I propose to take Questions Nos. 2 and 3 together.
I received last week a copy of the memorandum dated 1st July, 1969, referred to in the questions. The memorandum contains a request to the Houses of the Oireachtas to take certain action.
This is a matter which, I consider, might appropriately be considered in relation to the question of amending the Constitution.
Has the Taoiseach considered the resolution passed by the all-party committee on this matter and has he any observations to make or does he contemplate any action in respect of the resolution?
The resolution was particularly adverted to in the light of the questions. The resolution made certain recommendations which are, I think, worth considering but I think it would be better to consider them with other amendments of the Constitution.
In the context of the legislation passed in 1939 would he further expand on its relationship to the Constitution?
The Constitution speaks for itself in Article 28 which refers to the Oireachtas being entitled to take certain action by way of emergency legislation in certain circumstances, such as in time of war or armed conflict. This phrase is considered rather too narrow in present conditions. It is a rather technical and legal matter and I think amendment would be required to ensure the Oireachtas would have reasonable flexibility.
Would the Taoiseach say whether or not, in his opinion, an emergency exists and, if so, what is the emergency?
I am not suggesting an emergency exists but if the resolution passed by the Houses of the Oireachtas in 1939 were now annulled it might not be possible to have another resolution passed within the confines of the Constitution as it now stands.
Can the Taoiseach say if there are any powers still in operation on foot of that resolution?
None whatever.
Would the Taoiseach agree that at the end of the debate on Northern Ireland the Taoiseach gave it as his opinion that there was no special urgency in amending the Constitution?
The resolution has been in operation for the past 30 years and successive Governments did not see fit to bring in annulling resolutions and there would not, therefore, appear to be any urgency now.
The Taoiseach has said that this would need changing the Constitution and he sees no urgency to change the Constitution. His reply to the Irish Jurists is, therefore, just to ignore them.
On the contrary.
Could the Taoiseach indicate whether we may expect some action before the end of the session in respect of constitutional reform bearing in mind the matters which have been raised here in recent months? Can he give some firm indication that action may be taken before the end of 1969?
Does the Deputy ask me to give an indication that something will take place before the end of 1969?
Will the Taoiseach set in train any course of action?
I cannot say at this stage.
It is not important any more to amend the Constitution.
