asked the Taoiseach if he is aware that provisions of Article 40 of the Constitution are nullified by the fact that a national emergency occasioned by the Second World War still legally exists; and if he will make a statement on the matter.
Ceisteanna—Questions. Oral Answers. - Constitutional Provisions.
1.
I am not aware of any basis for the Deputy's statement that provisions of Article 40 of the Constitution are nullified. The resolutions passed by the Dáil and Seanad on the 2nd September, 1939, pursuant to Article 28.3.3º of the Constitution, are of no effect in the absence of the legislation which would require the protection of the resolutions.
There is a typographical error. It should have been Articles 34 to 38.
I have not got those. Article 40 is the usual one in the context of this question.
It is Articles 34 to 38.
If the Deputy puts down the question again next week I will have the information.