SPANISH CIVIL WAR (NON-INTERVENTION) ACT, 1937

AN ACT TO CARRY INTO EXECUTION THE INTERNATIONAL OBLIGATIONS OF SAORSTÁT EIREANN IN RELATION TO THE CIVIL WAR NOW BEING WAGED IN SPAIN, AND TO MAKE SUCH PROVISIONS AS ARE NECESSARY OR EXPEDIENT FOR THAT PURPOSE, AND IN PARTICULAR TO PROHIBIT CITIZENS OF SAORSTÁT EIREANN FROM PARTICIPATING IN THAT WAR. [24th February, 1937.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

1 Short title.

1.—This Act may be cited as the Spanish Civil War (Non-Intervention) Act, 1937.

2 Commencement and duration.

2.—(1) This Act shall come into operation on such day as the Executive Council shall by order appoint for that purpose, and shall (unless continued under the next following sub-section of this section) expire at the expiration of six months from that day.

• (2) So long as this Act is in force, the Executive Council may, whenever and so often as they think proper, by order continue this Act in force for such time (not exceeding six months from the date on which it would otherwise expire) as they shall think proper and shall specify in such order and, whenever any such order is made by the Executive Council, this Act shall continue in force in accordance with such order and shall (unless further continued under this sub-section) then expire.

• (3) If the Executive Council do not, within one year after the passing of this Act, appoint the day on which this Act is to come into operation, this Act shall expire at the expiration of one year from the passing of this Act.

• (4) Notwithstanding anything contained in this section, a person may be arrested and tried and, if convicted, may be punished under this Act after the expiration thereof for an offence under any section of this Act committed or alleged to have been committed by him while this Act was in force.

3 Definitions.

3.—In this Act—

the expression “the war” means the civil war which is being waged in Spain at the passing of this Act;

the word “belligerent” means one of the governments or organisations in the nature of governments between whom the war is being waged;

the expression “military forces” includes all combatant forces whether fighting on land, on the sea, or in the air, and includes also all services and organisations which, though not actually combatant, render necessary or ancillary services to the combatant forces or any part of the combatant forces, but does not include any body of persons in respect of which the Minister for Justice has issued under this Act a certificate that such body of persons is a Red Cross unit for the purposes of this Act.

4 Certification of Red Cross units.

4.—Whenever the Minister for Justice is satisfied in respect of a body of persons (in this section referred to as a unit) serving or proposing or intending to serve with the military forces of a belligerent—

• (a) that such unit is organised by or is working under the auspices of a society or organisation (whether established in Saorstát Eireann or in another country) having as its object or one of its objects the furnishing of volunteer aid to the sick and wounded of armies in time of war, and

• (b) that such unit is in or proceeding to or proposes or intends to proceed to Spain or any Spanish territory solely for the purpose of furnishing volunteer aid to the sick and wounded of the military forces of the belligerents and rendering other humanitarian services to the members of those forces, and

• (c) that the members of such unit will not take any combatant part in the war or render any combatant service to either belligerent,

the said Minister may issue to the society or organisation by which such unit is organised or under the auspices of which such unit is working a certificate sealed with the official seal of the said Minister certifying that such unit is a Red Cross unit for the purposes of this Act.

5 Prohibition of service in the military forces of a belligerent.

5.—(1) It shall not be lawful—

• (a) for any person who is a citizen of Saorstát Eireann and is not, at the passing of this Act, a member of the military forces of a belligerent to accept or to obtain or attempt to obtain any commission or engagement in or otherwise to join or become a member of or attempt to join or become a member of the military forces of a belligerent, or

• (b) for any person to induce or attempt to induce persons generally or any particular person to serve in or accept any commission or engagement in the military forces of a belligerent, or

• (c) for any person to aid or abet a citizen of Saorstát Eireann in obtaining or attempting to obtain a commission or engagement in or otherwise joining or becoming a member of or attempting to join or become a member of the military forces of a belligerent, or

• (d) for any person to organise, aid, or abet the departure from Saorstát Eireann of persons departing from Saorstát Eireann for the purpose of serving in the military forces of a belligerent, whether such persons have or have not accepted or been offered a commission or engagement in or joined or become a member of such forces.

• (2) Every person who does any act (whether of commission or omission) which is a contravention of this section shall be guilty of an offence under this section.

6 Restriction on the departure of citizens to Spain.

6.—(1) It shall not be lawful for any person who is a citizen of Saorstát Eireann to depart or attempt to depart from Saorstát Eireann for the purpose of proceeding to Spain or to any Spanish territory or to go from any place in Saorstát Eireann to any other place in Saorstát Eireann for the purpose of so departing from Saorstát Eireann, unless such person holds a passport issued to him by the Minister for External Affairs and bearing an endorsement, lawfully made thereon on or after the 1st day of January, 1937, declaring such passport to be valid for Spain and Spanish territory.

• (2) Every person who, in contravention of this section, departs or attempts to depart from Saorstát Eireann or goes from a place in Saorstát Eireann to another place in Saorstát Eireann shall be guilty of an offence under this section.

7 Restriction on the departure to Spain of nationals of certain countries.

7.—(1) The Executive Council may, from time to time as occasion requires, by order appoint the countries to which this section applies.

• (2) It shall not be lawful for any person who is a national of a country which is for the time being appointed by the Executive Council as a country to which this section applies to depart or attempt to depart from Saorstát Eireann for the purpose of proceeding to Spain or to any Spanish territory or to go from any place in Saorstát Eireann to any other place in Saorstát Eireann for the purpose of so departing from Saorstát Eireann, unless such person is the holder of a passport issued to him by the proper authority of the country of which he is a national and bearing an endorsement made thereon on or after the 1st day of January, 1937, by a lawful authority of such country, declaring such passport to be valid for Spain and Spanish territory.

• (3) Every person who, in contravention of this section, departs or attempts to depart from Saorstát Eireann or goes from a place in Saorstát Eireann to another place in Saorstát Eireann shall be guilty of an offence under this section.

8 Restriction on the departure of other persons to Spain.

8.—(1) It shall not be lawful for any person who is neither a citizen of Saorstát Eireann nor a national of a country which is for the time being appointed by the Executive Council as a country to which the next preceding section of this Act applies to depart or attempt to depart from Saorstát Eireann for the purpose of proceeding to Spain or to any Spanish territory or to go from any place in Saorstát Eireann to any other place in Saorstát Eireann for the purpose of so departing from Saorstát Eireann, unless such person is the holder of a passport issued to him by the proper authority of the country of which he is a national and expressly authorising him to proceed to Spain and Spanish territory.

• (2) Every person who, in contravention of this section, departs or attempts to depart from Saorstát Eireann or goes from a place in Saorstát Eireann to another place in Saorstát Eireann shall be guilty of an offence under this section.

9 Restriction on sale of travel tickets for Spain.

9.—(1) It shall not be lawful for any person (in this section referred to as the ticket-seller) to sell or issue to or to procure or attempt to procure for another person (in this section referred to as the traveller) a ticket, pass, voucher, or other document entitling the holder thereof to travel directly or indirectly to Spain or to any Spanish territory, unless the traveller has produced to the ticket-seller such passport as would preclude the departure of the traveller from Saorstat Eireann for the purpose of proceeding to the destination named in such ticket, pass, voucher, or other document from being unlawful by virtue of this Act.

• (2) Every person who sells, issues, procures, or attempts to procure a ticket, pass, voucher, or other document in contravention of this section shall be guilty of an offence under this section.

• (3) Whenever a company or a society sells, issues, procures, or attempts to procure a ticket, pass, voucher, or other document in contravention of this section, every director, manager, secretary, and other officer of such company or society who is knowingly a party to such contravention shall (without prejudice to the liability of such company or society in respect of such contravention) be guilty of an offence under this section and be punishable accordingly.

10 Power of Executive Council to prevent export of war material.

10.—(1) The Executive Council may by order whenever they so think proper take all such measures, impose all such prohibitions and restrictions, and do all such things as shall, in the opinion of the Executive Council, be necessary or expedient to prevent the exportation from Saorstát Eireann to Spain or any Spanish territory of articles which are, in the opinion of the Executive Council, implements of war or war material.

• (2) The Executive Council may by order at any time amend or revoke as they shall think proper any order previously made by them under this section.

11 Arrest and punishment.

11.—(1) Any member of the Gárda Síochána may arrest without warrant any person whom he reasonably suspects is committing or has committed an offence under any section of this Act.

• (2) Any person who is guilty of an offence under any section of this Act shall be liable—

• (a) on conviction thereof on indictment to a fine not exceeding five hundred pounds, or at the discretion of the Court, to imprisonment for a term not exceeding two years or to both such fine and such imprisonment, or

• (b) on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months, or to both such fine and such imprisonment.