Vol. 259 No. 4
asked the Taoiseach if, in view of the considerable evidence of continuing brutality towards and ill-treatment of detainees and internees in Northern Ireland, the Government will as a matter of urgency make a further complaint to the Secretary-General of the Council of Europe for transmission to the European Commission of Human Rights in respect of such incidents of ill-treatment as have come to notice since the original complaint.
3.
asked the Taoiseach whether the Government proposes to bring to the notice of the International Court of Justice or other international body the illegality of the imprisonment of persons aboard the Maidstone at Belfast in purported exercise of the provisions of the Special Powers Acts in Northern Ireland having regard to the fact that the ship in question is beyond the limits of the area of Northern Ireland as defined by the Government of Ireland Act, 1920; and if not, why.
With your permission, a Cheann Comhairle, I propose to take Questions Nos. 2 and 3 together.
On the 23rd February, the Government forwarded to the Secretary of the European Commission of Human Rights an application supplementary to that lodged on the 15th December, 1971, concerning further continuing breaches by the British Government of Articles 1, 2, 3, 5, 6 and 14 of the European Convention on Human Rights. Material in relation to the Derry deaths was included. The matter remains sub judice and it would therefore be inappropriate for me to give further details.
As stated in the Council of Europe Press release relating to our original application, we submit that the Civil Authorities (Special Powers) Act, Northern Ireland, 1922, and the connecting Statutory rules, regulations and orders are in themselves a failure by the British Government to comply with the obligation in Article 1 of the European Convention on Human Rights and it is not now proposed to raise the matter at another forum.
I do not wish to be disrespectful to the Taoiseach but I am sure he will agree with me that his answer is too clever by half. Question No. 3 does not refer to the European Commission of Human Rights. What it is concerned with is the legislative jurisdiction of the Stormont Parliament and the British Parliament. The 1920 Act defines the Six Counties of Northern Ireland as being parliamentary counties and the point at issue in Question No. 3 is that the Maidstone is outside the parliamentary counties and parliamentary boroughs of Northern Ireland and, accordingly, the Special Powers Act does not run there. Would the Taoiseach be good enough to deal with that point?
Question No. 3 also deals with the imprisonment of persons on board the Maidstone and I want to assure the Deputy that these persons are within the ambit of the case we have submitted to the Commission. With regard to the second point the Deputy raised, it can be contended that by omission of reference to the territorial seas in the 1920 Act that they do not form part of the territory of Northern Ireland. However, I am told that the contrary contention can also be made, and it is not for me to judge between the two.
I am prepared to accept that it is not the function of the Taoiseach to judge, but would he not consider the importance of referring the matter to the International Court of Justice? There is further support for this contention in the Anglo-Irish Treaty of 1921, which was a treaty between Britain and all Ireland, and the section that was given the right to opt out of the Irish State was only that section within the six north-eastern parliamentary counties and boroughs within the high-water mark of Northern Ireland. This now puts the Maidstone in the territorial waters of this State. This is a matter of constitutional, international law and it must be determined as a matter of extreme urgency in the International Court of Justice.
I would not be prepared to argue that by way of question and answer across the floor of the House. However, I want to assure the Deputy that the imprisonment and treatment of persons on board the Maidstone are matters which will be considered in the course of our application to the Commission of Human Rights. The other matter is perhaps separate to it but it is not my present intention to raise it as a matter of international law or interpretation of international law.
With reference to the Taoiseach's reply and his comment that he does not wish to discuss this matter by way of question and answer, I wish to give the Chair notice of my wish to raise this matter on the Adjournment.
The Chair will communicate with the Deputy.
