LegalizePublic Safety (Emergency Powers) (No. 2) Act 1923
1 Provisions in Schedule to have force of law.
1.—Immediately upon the passing of this Act the Act of the Oireachtas which is set out in the Schedule to this Act and is entitled the Public Safety (Emergency Powers) Act, 1923, which was duly passed by both Houses of the Oireachtas and to which the Governor-General of the Irish Free State on the 1st day of August, 1923, signified the King's assent shall come into operation and have the force of law.
2 Article 47 of Constitution not to apply to this Act.
2.—(1) It is hereby declared that this Act is necessary for the immediate preservation of the public peace and safety and accordingly the provisions of Article 47 of the Constitution of Saorstát Eireann shall not apply to this Act.
(2) This Act shall come into operation immediately upon the signification of the King's assent thereto.
3 Short Title.
3.—This Act may be cited as the Public Safety (Emergency Powers) (No. 2) Act, 1923.
SCHEDULE.. PUBLIC SAFETY (EMERGENCY POWERS) ACT, 1923.
AN ACT TO PROVIDE FOR THE PRESERVATION OF PUBLIC SAFETY AND THE PROTECTION OF PERSON AND PROPERTY AND FOR MATTERS CONNECTED THEREWITH OR ARISING OUT OF THE PRESENT EMERGENCY. [1st August, 1923.]
WHEREAS a number of persons have been for some time past engaged in an attempt to overthrow by force the lawfully established Government of Saorstát Eireann and to that end have created a state of rebellion which has been carried on by means of armed attacks on the Military Forces of Saorstát Eireann, assassination and wounding the citizens, destruction of public and private buildings and other property, unlawful seizure and occupation of land, armed robbery of Government Offices, Banks and other institutions and persons, and divers other modes of defying law and causing public disorder:
AND WHEREAS for the purpose of suppressing such rebellion the Military Defence Forces of Saorstát Eireann were entrusted by the Executive Government with the task of securing the public safety and restoring order and the rule of law throughout the country and the said Military Forces are discharging with success the duty so imposed upon them:
AND WHEREAS it is desirable that the Civil Authorities should be endowed with such powers as will enable them lawfully to co-operate with the Military Forces in the work of restoring and maintaining order and to re-establish the supremacy of law and Civil Government with or without military co-operation as may be possible so soon as the success of the military operations and the circumstances of each district will permit:
BE IT THEREFORE ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—
SCHEDULE.
Part I.
An armed revolt against the Government of Saorstát Eireann.
Threatening, coercing, assaulting or attempting to threaten, coerce or assault any person in furtherance of any such revolt.
Destroying, damaging or removing or attempting to destroy, damage or remove any property in furtherance of any such revolt.
Part II.
Having possession without lawful authority of
(a) any lethal firearm or other weapon of any description from which any shot, bullet or other missile can be discharged; or
(b) any ammunition for any such firearm or weapon; or
(c) any grenade, bomb or other similar missile, whether capable of being used with any such firearm or weapon or not; or
(d) any land mine or other similar explosive machine; or
(e) any dynamite, gelignite or other explosive substance; or
(f) any component part or ingredient of any such article or substance aforesaid.
Having possession without lawful authority of any article of clothing, equipment or accoutrement or any arms or ammunition belonging or issued to any member of the military or police forces of Saorstát Eireann.
Putting on or assuming without authority the uniform or any part of the uniform of any branch of the military or police forces of Saorstát Eireann.
Assuming the name, designation or description of any rank, or of any member, of the military or police forces of Saorstát Eireann for the purpose of doing or procuring to be done any act which the person assuming such name, designation or description would not by law be entitled to do or procure to be done of his own authority.
Wrongful entry on and retention of possession of land without colour or pretence of title or authority.
Robbery under arms; that is to say, robbing or attempting to rob while armed with any offensive weapon or instrument.
Arson; that is to say, unlawfully setting fire or attempting to set fire to any house, factory, barn, haggard, workshop, or other building, or any agricultural property, food supplies for man or beast, or any other property of any nature or kind, movable or immovable, public or private, including standing trees and crops.
Unlawfully injuring or destroying or attempting to injure or destroy any house, factory, barn, haggard, workshop, or other building, or any agricultural property, food supplies for man or beast, or any other property of any nature or kind, movable or immovable, public or private, including standing trees and crops.
Interfering with or preventing, without lawful authority, the lawful occupation, use or enjoyment of any land or premises.
Illicit distillation, or having possession or control of any illicitly distilled spirits or any illicit still or any articles or materials for illicit distillation.
Selling or offering, exposing, or having for sale any illicitly distilled spirits.
Knowingly aiding, abetting, assisting in, or encouraging the commission of any of the offences mentioned in this Schedule, or helping in the concealment or escape of any person guilty of any such offence.
This document does not substitute the official text published in the Irish Statute Book. We accept no responsibility for any inaccuracies arising from the transcription of the original into this format.