Constitution (Amendment No. 17) Act , 1931

1 Amendment of the Constitution.

1.—(1) The Constitution shall be and is hereby amended by the insertion therein, immediately after Article 2 thereof, of the Article set forth in the Schedule to this Act.

(2) The said Article set forth in the Schedule to this Act and by this Act inserted in the Constitution shall be numbered “2A” and may be cited as Article 2A of the Constitution.

2 Short title.

2.—This Act may be cited as the Constitution (Amendment No. 17) Act, 1931.

SCHEDULE. Article 2A of the Constitution.

PART I.

Operation of Parts II to V of this Article.

1.—(1) Parts II, III, IV, and V of this Article shall not be of any force or effect unless or until the Executive Council makes an Order under this section declaring that Parts II, III, IV, and V of this Article shall come into force, but if and whenever and so often as the Executive Council makes such order Parts II, III, IV, and V of this Article shall come into and be of full force and effect immediately upon the making of such order and shall continue in such force and effect until the Executive Council makes an order under this section declaring that the said Parts of this Article shall cease to be in force whereupon the said Parts of this Article shall cease to be in force but without prejudice to the validity of anything previously done thereunder.

(2) Whenever the Executive Council is of opinion that circumstances exist which render it expedient that Parts II, III, IV, and V of this Article should be brought into force, the Executive Council may by order declare that Parts II, III, IV, and V of this Article shall come into force.

(3) Whenever and so often as Parts II, III, IV, and V of this Article are in force and the Executive Council is of opinion that circumstances rendering it expedient that the said Parts of this Article should be in force no longer exist, the Executive Council may by order declare that Parts II, III, IV, and V shall cease to be in force.

Construction of this Article in relation to other Articles.

2.—Article 3 and every subsequent Article of this Constitution shall be read and construed subject to the provisions of this Article, and in the case of any inconsistency between this Article and the said Article 3 or any subsequent Article, this Article shall prevail.

Definitions and Interpretation.

3.—(1) In this Article—

the word “association” includes any combination of persons whether such combination is or is not known by a distinctive name;

the expression “treasonable or seditious documents” includes any documents relating to or concerned with or issued or emanating from or appearing to issue or emanate from an unlawful association;

the word “offence” includes crime;

the word “periodical” means any newspaper, magazine, journal, or other publication which is published or issued at regular or substantially regular intervals;

(2) The Interpretation Act 1923 (No. 46 of 1923), applies to the interpretation of this Article in like manner as it applies to the interpretation of an Act of the Oireachtas passed after the 1st day of January, 1924.

PART II.

Establishment of the Constitution (Special Powers) Tribunal.

4.—(1) As soon as may be after every occasion on which this section of this Article comes into force, there shall be established a tribunal (in this Article referred to as the Tribunal) to be known and styled as the Constitution (Special Powers) Tribunal.

(2) The Tribunal shall consist of five members, all of whom shall be officers of the Defence Forces of Saorstát Eireann not below the rank of commandant and shall be appointed and be removable at will by the Governor-General acting on the advice of the Executive Council.

(3) The Minister for Finance may appoint such registrar, clerks, and servants for the purposes of the Tribunal as he thinks proper and there may be paid to such registrar, clerks, and servants and to the members of the Tribunal such remuneration and allowances as the Minister for Finance may determine.

The procedure of the Tribunal.

5.—(1) At every sitting of the Tribunal three members and no more of the Tribunal shall be present and constitute the Tribunal for the purposes of such sitting, and every order made and act done by such three members or a majority of them at such sitting shall for all purposes be the order or act (as the case may be) of the Tribunal.

(2) The Tribunal shall have full and absolute power to appoint the time and places of its sittings and full and absolute control of its own procedure in all respects and, in particular, in respect of the admission or exclusion of the public to or from its sittings, the enforcing the attendance of witnesses and the production of documents.

(3) The Tribunal shall have full and absolute power to punish in such manner as the Tribunal thinks proper all persons whom the Tribunal finds guilty of contempt of the Tribunal or any member thereof whether such contempt is or is not committed in the presence of the Tribunal.

(4) The Tribunal shall have an official seal which shall be officially and judicially noticed and every document sealed with such seal and purporting to be an order or other act of the Tribunal shall be received in evidence in all Courts without further proof and be deemed to be an order or other act (as the case may require) of the Tribunal made or done with competent jurisdiction.

(5) The Tribunal may act notwithstanding one or two (but not more than two) vacancies in its membership.

Jurisdiction of the Tribunal.

6.—(1) The Tribunal shall have jurisdiction to try and to convict or acquit all persons charged with an offence mentioned in the Appendix to this Article and brought before the Tribunal under this Article, and also jurisdiction to sentence every person convicted by the Tribunal of any such offence.

(2) The Tribunal shall have power to administer oaths to witnesses.

(3) The Tribunal shall have jurisdiction to order the detention of and to detain in custody, pending trial by the Tribunal and during and after such trial until conviction or acquittal, any person brought before the Tribunal and charged with an offence mentioned in the Appendix to this Article.

(4) The Tribunal shall have jurisdiction, in lieu of or in addition to inflicting any punishment on a person convicted by it of an offence, to require such person to enter into a recognisance before a Justice of the District Court, in such amount and with or without sureties as the Tribunal shall direct, to keep the peace for such period as the Tribunal shall specify.

(5) No appeal shall lie from any order, conviction, sentence, or other act of the Tribunal, and the Tribunal shall not be restrained or interfered with in the execution of its jurisdiction or powers under this Article by any court nor shall any proceedings before the Tribunal be removed by certiorari to any court.

Sentences by the Tribunal.

7.—(1) Whenever the Tribunal finds any person guilty of an offence mentioned in the Appendix to this Article the Tribunal may, in lieu of the punishment provided by law (other than this Article) for such offence, sentence such person to suffer any greater punishment (including the penalty of death) if in the opinion of the Tribunal such greater punishment is necessary or expedient.

(2) Subject to the provisions of this Article in relation to the imprisonment of persons sentenced by the Tribunal to suffer imprisonment, the Tribunal may direct the manner in which and the authorities by whom any order made or sentence pronounced by the Tribunal is to be carried out and thereupon such authorities shall carry out such order or sentence in accordance with such direction.

(3) Where the Tribunal directs an order made or sentence pronounced by it to be carried out by the civil authorities, such order or sentence shall be carried out by the civil authorities and officers by whom and in the like manner as a like order or sentence of the Central Criminal Court is required by law to be carried out.

(4) Subject to the provisions of this Article, every order, conviction, and sentence of the Tribunal shall have the like consequences in law as a like order, conviction, or sentence of the Central Criminal Court would have and, in particular, every order and sentence of the Tribunal shall confer on the persons carrying out the same the like protections and immunities as would be possessed by the civil authorities and officers when carrying out an order or sentence of the Central Criminal Court.

(5) No coroner's inquest shall be held in relation to a death occasioned by the execution of a sentence of death pronounced by the Tribunal.

Immunities of members and officers of and witnesses before the Tribunal.

8.—(1) No action, prosecution, or other proceeding, civil or criminal, shall lie against any member of the Tribunal in respect of any order made, conviction or sentence pronounced, or other thing done by the Tribunal or in respect of any thing done by such member in the course of the performance of his duties or the exercise of his powers as a member of the Tribunal or otherwise in his capacity as a member of the Tribunal, whether such thing was or was not necessary to the performance of such duties or the exercise of such powers.

(2) No action or other proceeding for defamation shall lie against any person in respect of anything written or said by him in giving evidence, whether written or oral, before the Tribunal or for use in proceedings before the Tribunal.

(3) No action, prosecution, or other proceeding, civil or criminal, shall lie against any registrar, clerk, or servant of the Tribunal in respect of anything done by him in the course of the performance of his duties as such registrar, clerk, or servant, whether such thing was or was not necessary to the performance of such duties.

Perjury by witnesses before the Tribunal.

9.—Every person who, when giving, on oath or affirmation, evidence whether written or oral before the Tribunal or for use in proceedings before the Tribunal makes orally or in writing any statement as part of such evidence which he knows to be false or does not believe to be true shall be guilty of an offence triable by the Tribunal and shall be liable on conviction thereof to suffer such punishment as the Tribunal shall think proper to inflict.

Places and manner of detention and imprisonment under this Article.

10.—(1) In this section the word “prisoner” means a person who either—

(a) is detained in custody under this Article pending his being brought before the Tribunal, or

(b) is detained in custody by order of the Tribunal, whether before, during, or after his trial by the Tribunal, or

(c) is suffering imprisonment in pursuance of a sentence of imprisonment imposed by the Tribunal.

(2) The Minister for Defence may make regulations for all or any of the following purposes, that is to say:—

(a) prescribing the prisons, internment camps, and other places in which prisoners may be detained or imprisoned;

(b) providing for the efficient management, sanitation, control, and guarding of such prisons, camps, and other places;

(c) providing for the enforcement and preservation of discipline amongst prisoners;

(d) providing for the medical, surgical and nursing care of prisoners;

(e) providing for the segregation of prisoners who are awaiting trial or whose trial has not been completed from prisoners who have been tried, convicted, and sentenced;

(f) providing for the prevention of the escape of prisoners and authorising the doing in respect of a prisoner attempting to escape or any person assisting a prisoner in such attempt of anything which may be necessary to prevent him effecting such escape;

(g) providing for the re-capture of prisoners who have escaped and authorising the making of all searches and inquiries necessary for such re-capture;

(h) prescribing or providing for any other matter or thing relating to the efficient detention or imprisonment of prisoners.

(3) Every prisoner shall, notwithstanding anything contained in any Act, be detained or imprisoned (as the case may be) under and in accordance with the regulations made by the Minister for Defence under this section and for the time being in force.

(4) Every person who aids or abets the escape of a prisoner from a place of detention or imprisonment prescribed by regulations made under this section shall be guilty of an offence triable by the Tribunal and shall be liable on conviction thereof to suffer such punishment as the Tribunal shall think proper to inflict.

Transfer of trials to the Tribunal.

11.—(1) Whenever a person charged with an offence mentioned in the Appendix to this Article has (whether before or after this Article was inserted in this Constitution or before or after this section comes into force) been sent forward for trial on such charge by the Central Criminal Court or the Circuit Court and is awaiting trial by such Court on such charge, the Tribunal may, on the application of a member of the Gárda Síochána not below the rank of inspector, order that the trial of such person on such charge be transferred to the Tribunal and thereupon such person shall be deemed to have been sent forward for trial by the Tribunal on the said charge at such time and place as the Tribunal shall direct.

(2) Whenever any person charged with an offence mentioned in the Appendix to this Article is (whether before or after this Article was inserted in this Constitution or before or after this section comes into force) remanded in custody or on bail by a Justice of the District Court or a Peace Commissioner, the Tribunal may, on the application of a member of the Gárda Síochána not below the rank of inspector, order that the trial of such person on such charge be transferred to the Tribunal, and thereupon such person shall be deemed to have been sent forward for trial by the Tribunal on the said charge at such time and place as the Tribunal shall direct.

(3) Whenever the Tribunal orders under this section that the trial of a person be transferred to the Tribunal the following provisions shall have effect, that is to say:—

(a) such person shall be brought before the Tribunal for trial at such time and place as the Tribunal shall direct;

(b) if such person is in custody when such order is made, he may be detained in custody until brought before the Tribunal for trial;

(c) if such person is at liberty on bail when such order is made, he shall be bound to surrender himself into custody at some station of the Gárda Síochána within seventy-two hours after notice in writing of such order has been given to him or his surety or one of his sureties by a member of the Gárda Síochána;

(d) if a person who is bound under the foregoing paragraph of this sub-section to surrender himself into custody does so surrender himself he may be detained in custody until brought before the Tribunal for trial and if he does not so surrender himself within the time limited by the said paragraph he may be arrested without warrant by any member of the Gárda Síochána and be detained in custody until brought before the Tribunal for trial.

Power of the Executive Council to pardon, remit punishment, etc.

12.—(1) The Executive Council may, at their absolute discretion, at any time freely pardon any person convicted by the Tribunal for any offence and wholly remit the punishment imposed by the Tribunal on such person.

(2) The Executive Council may, at their absolute discretion, at any time remit in whole or in part or modify (by way of mitigation only) or defer (conditionally or unconditionally) any punishment imposed by the Tribunal.

PART III.

Power of arrest on suspicion in certain cases.

13.—(1) Whenever any member of the Gárda Síochána or of the Defence Forces of Saorstát Eireann observes a person whom he suspects of having committed or being about to commit or being or having been concerned in the commission of an offence mentioned in the Appendix to this Article or of having knowledge of the commission or intended commission of any such offence, such member (but in the case of a non-commissioned member of the said Defence Forces only if he is authorised (either generally or specially) by the Minister for Defence to exercise the powers conferred by this section) may stop such person and search and interrogate him and may there and then apprehend such person without warrant, and may use for such stopping, search, and apprehension or any of them such force as may be necessary.

(2) Whenever a member of the Gárda Síochána or of the Defence Forces of Saorstát Eireann apprehends a person under this section he shall remove such person to a convenient station of the Gárda Síochána or any other place under the charge of a member of the Gárda Síochána and may use for such removal such force as may be necessary.

(3) Whenever a person is removed to a station of the Gárda Síochána or other place under this section, the member of the Gárda Síochána then in charge of such station or place shall communicate the fact of such removal to a member of the Gárda Síochána not below the rank of inspector and thereupon such last-mentioned member shall, within thirty-six hours after the said removal of such person to such station, either direct such person to be detained under this Article or cause such person to be charged with an offence and dealt with accordingly or to be released from detention.

(4) A person removed to a station of the Gárda Síochána or other place under this section may be detained in such station or place until dealt with in accordance with the next preceding sub-section of this section but shall not be detained by virtue of this sub-section for more than thirty-six hours after such removal.

(5) The statement on oath in any Court of Justice by a member of the Gárda Síochána or of the Defence Forces of Saorstát Eireann that, when he stopped and interrogated a particular person under this section he suspected such person of having committed or being about to commit or of being or having been concerned in the commission of an offence mentioned in the Appendix to this Article or of having knowledge of the commission or intended commission of any such offence (without specifying such offence) shall be conclusive evidence, incapable of being rebutted or questioned by cross-examination, rebutting evidence, or otherwise, that such member did at that time so suspect such person and was then entitled to stop and interrogate such person under this section.

Power of detention on suspicion in certain cases.