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L&RS Note | an Overview of the Impact of Emergency Powers On
Oireachtas Library & Research Service | Bill Digest L&RS Note An Overview of the Impact of Emergency Powers on Rights and Freedoms Ivan Farmer, Senior Parliamentary Researcher, Law 27 March 2020 Abstract The spread of COVID-19 has placed renewed focus on the use of special powers to address national emergencies. This Note provides a general overview of the powers available with a specific focus on the current pandemic and the possible impact on individual rights. It examines existing powers under the Health Act, 1947, amendments made under the 2020 emergency legislation, as well as powers that provide for use of the broadcast media. Early legislation providing for emergencies which is still force is also referenced. Finally, a summary of constitutional provisions for emergencies and the abridgement of the consideration of Bills by the Seanad is also included. Oireachtas Library & Research Service | L&RS Note Contents Introduction ..................................................................................................................................... 1 Legislative Provisions ..................................................................................................................... 2 General Duty to Take Precautions ............................................................................................. 2 Detention of Individuals ............................................................................................................. 3 Restrictions on Movement ........................................................................................................ -
Presidential Ascendancy in Foreign Affairs and the Subversion of the Constitution
Presidential Ascendancy in Foreign Affairs and the Subversion of the Constitution David Gray Adler University of Idaho *Presented to the German-American Conference on “Comparisons of Parliamentary and Coordinated Power (Presidential) Systems, March 4-8, 2011, Bloomington, Indiana “The accretion of dangerous power does not come in a day. It does come, however slowly, from the generative force of unchecked disregard of the restrictions that fence in even the most disinterested assertion of authority.” -- Justice Felix Frankfurter1 Few issues in our long Anglo-American constitutional history can match the drama, importance and transcendent interest of the efforts to rein in executive power and subordinate it to the principle of the rule of law. Courts have grappled with the issue at least since 1608, when Sir Edward Coke boldly declared to an outraged James 1 that the King is, indeed, subject to the law. King James, according to Coke, was “greatly offended,” and declared that his opinion constituted “treason.” It was, perhaps, only Coke’s wit and willingness to fall “flat on all fower,” that spared him a sentence to the Tower of London.2 James’s protest was anchored in the Stuart Kings’ theory of the Royal Prerogative, whose sweeping claims of illimitable theory were anathema to the great jurist’s devotion to the metes and bounds of law. The absolutist pretensions of the theory of High Prerogative subsequently found full- throated expression in the legendary Case of Ship Money in 1637, in which the Court of Exchequer characterized the King’s -
The Right of the People of the Whole of Ireland to Self-Determination, Unity, Sovereignty and Independence
NYLS Journal of International and Comparative Law Volume 11 Number 1 IRELAND: RECENT DEVELOPMENTS Article 3 1990 THE RIGHT OF THE PEOPLE OF THE WHOLE OF IRELAND TO SELF-DETERMINATION, UNITY, SOVEREIGNTY AND INDEPENDENCE Richard J. Harvey Follow this and additional works at: https://digitalcommons.nyls.edu/ journal_of_international_and_comparative_law Part of the Law Commons Recommended Citation Harvey, Richard J. (1990) "THE RIGHT OF THE PEOPLE OF THE WHOLE OF IRELAND TO SELF- DETERMINATION, UNITY, SOVEREIGNTY AND INDEPENDENCE," NYLS Journal of International and Comparative Law: Vol. 11 : No. 1 , Article 3. Available at: https://digitalcommons.nyls.edu/journal_of_international_and_comparative_law/vol11/iss1/ 3 This Article is brought to you for free and open access by DigitalCommons@NYLS. It has been accepted for inclusion in NYLS Journal of International and Comparative Law by an authorized editor of DigitalCommons@NYLS. THE RIGHT OF THE PEOPLE OF THE WHOLE OF IRELAND TO SELF-DETERMINATION, UNITY, SOVEREIGNTY AND INDEPENDENCE * RICHARD J. HARVEY ** I. INTRODUCTION The British army has been actively engaged in the Six Counties of Northern Ireland' for twenty-one years. This engagement, officially called "military aid to the civil power,"2 has lasted longer than any war * This Article was addressed to the 13th Congress of the International Association of Democratic Lawyers, Barcelona, Mar. 19-24, 1990. It is dedicated to the memories of SeAn MacBride and Pat Finucane, both of whom devoted their lives to the protection of the human rights of others. They reviewed earlier drafts of this work and each offered his unequivocal support for its aims. In my last conversation with Sedn MacBride, he agreed to sponsor this project to secure United Nations consideration for Ireland's right to self- determination. -
Public Security and Individual Freedom: the Dilemma of Northern Ireland
Public Security and Individual Freedom: The Dilemma of Northern Ireland Thomas P. Foleyt Northern Ireland has been the scene of recurring and often horrify- ing violence since 1969, as terrorist groups have clashed with each other, with the British Army, and with the Royal Ulster Constabulary (R.U.C.). The situation has been a difficult one for both the people and the legal system of Northern Ireland: faced with the problem of highly dedicated terrorists, the British government has had to confront di- rectly the tension between its duty to protect public security and its concomitant obligation to safeguard individual freedom. This Article focuses on the British government's most recent legislative response to this tension, the Emergency Provisions Act (EPA),' and appraises its success in accommodating the competing demands of public safety and private liberty. The EPA cannot be assessed without some understanding of the his- torical background of the current situation and of the different sources of the violence wracking Northern Ireland. Section I of the Article is intended to provide this information in capsule form. Section II ex- plains the operation of the EPA, with particular attention to its breadth and to its potentially counterproductive effects. The standards for the admissibility of confessions to crimes covered, by the EPA and the lack of procedures for the independent investigation and evaluation of com- plaints against the security forces are analyzed in detail in Sections III and IV, respectively. In Section V, the Article concludes with recom- mendations for legal reform that would establish a better balance be- tween the need for public security and the need for legal protection against excessive or unnecessary intrusions on individual freedom. -
Geographic Profile of Healthcare Needs and Non-Acute Healthcare Supply in Ireland
RESEARCH SERIES NUMBER 90 GEOGRAPHIC PROFILE OF HEALTHCARE July 2019 NEEDS AND NON-ACUTE HEALTHCARE SUPPLY IN IRELAND SAMANTHA SMITH, BRENDAN WALSH, MAEV-ANN WREN, STEVE BARRON, EDGAR MORGENROTH, JAMES EIGHAN AND SEÁN LYONS FO NCE R PO DE LI VI C E Y GEOGRAPHIC PROFILE OF HEALTHCARE NEEDS AND NON-ACUTE HEALTHCARE SUPPLY IN IRELAND Samantha Smith Brendan Walsh Maev-Ann Wren Steve Barron Edgar Morgenroth James Eighan Seán Lyons July 2019 RESEARCH SERIES NUMBER 90 Available to download from www.esri.ie The Economic and Social Research Institute Whitaker Square, Sir John Rogerson’s Quay, Dublin 2 ISBN 978-0-7070-0498-3 DOI: https://doi.org/10.26504/rs90 First report of the project entitled: ‘An inter-sectoral analysis by geographic area of the need for and the supply and utilisation of health services in Ireland’ HRB Project HRA-HSR-2014-659 This Open Access work is licensed under a Creative Commons Attribution 4.0 International License (https://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly credited. | iii ABOUT THE ESRI The mission of the Economic and Social Research Institute is to advance evidence- based policymaking that supports economic sustainability and social progress in Ireland. ESRI researchers apply the highest standards of academic excellence to challenges facing policymakers, focusing on 12 areas of critical importance to 21st Century Ireland. The Institute was founded in 1960 by a group of senior civil servants led by Dr T.K. Whitaker, who identified the need for independent and in-depth research analysis to provide a robust evidence base for policymaking in Ireland. -
National University of Ireland St. Patrick's College, Maynooth THE
National University of Ireland St. Patrick’s College, M aynooth THE ROLE OF IRISH MILITARY INTELLIGENCE DURING WORLD WAR TWO by BRIAN D. MARTIN IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE DEGREE OF M A DEPARTMENT OF MODERN HISTORY, ST. PATRICK’S COLLEGE. MAYNOOTH HEAD OF DEPARTMENT : Professor R.V. Comerford Supervisor of Research : Denise Dunne August, 1994 TABLE OF CONTENTS PAGE Acknowledgements ................................................................................ i Abbreviations ii Introduction 1 Chapter 1 Military Intelligence - An Overview......................... 7 Chapter 2 Combat intelligence . 14 Chapter 3 German Agents in Ireland...................................... 37 Chapter 4 G2 Co-operation with Allied Intelligence Services 58 Conclusion 76 Bibliography 80 ACKNOWLEDGEMENTS I owe a great debt of gratitude to the following people for their help, advice and support during the writing of this thesis. Firstly to the staff of the Dept, of Modern History, in St. Patrick’s College Maynooth. Especially my supervisor, Denise Dunne, for the time and advice she gave me during the year and also Professor RV Comerford for helping to point me in the right direction during the course of my research on many occasions. Further thanks to the following people, Comdt. Peter Young and Capt. Victor Lang, of the Military Archives for their help, advice and patience! Caroline Martin,for the same, as well as for the proofreading and typing of my interview notes. Richard Mossop, for his help with the wordprocessor everytime I did something wrong. Colin Menton for finding those texts when I was not able to. Dr. Eunan O’Halpin for his advice and help in the preliminary stages of this thesis. -
NORTHERN IRELAND and the SECOND WORLD WAR Dr Senia Paseta
NORTHERN IRELAND AND THE SECOND WORLD WAR Dr Senia Paseta. St Hugh’s College, Oxford On the day after Britain announced it was at war with Germany, Lord Craigavon, Prime Minister of Northern Ireland, declared that ‘the whole of the resources’ of the province would be placed at the disposal of the imperial parliament. The loyalty of the Stormont administration was hardly in question during the period 1939-1945, but its ability to effectively organise and deploy resources, manpower and military support came under increasing scrutiny and exacerbated existing tensions within the province. Northern Ireland’s war began slowly. A number of British commentators noted that the province differed markedly from the rest of the country in its cavalier attitude to the crisis, and many contemporary reports suggest that life went on largely as normal. A Blackout order came into force in September 1939 and preparation for rationing food, petrol and other items followed soon after, but a lack of urgency characterised the government’s initial approach to placing the province on war- footing. Industry and agriculture were particularly slow to adjust: the rate of unemployment actually grew over 1940 as the economic opportunities offered by the war were slow to arrive. No new factory had been built by the end of 1940, and the munitions industries had the worst record of production in the United Kingdom during the early months of the war. It proved initially difficult to incorporate Northern Ireland’s economy into the United Kingdom’s, and perceptions of the region as remote, under-skilled and expensive further hindered such integration. -
Éamon De Valera Revolutionary, Politician and President of Ireland Éamon De Valera Was Born in New York in 1882
Éamon de Valera Revolutionary, Politician and President of Ireland Éamon de Valera was born in New York in 1882. • His mother sent him back to her home in Ireland to be raised by his grandmother in Limerick. He later worked as a mathematics teacher in various colleges in Dublin. • He joined the Irish Volunteer Force in 1913 and Image courtesy of NLI commanded the garrison at Boland’s Mills during the Easter Rising. JC LINKS • After the surrender, de Valera was sentenced to death, 2.4 examine the rise and impact of but this was later commuted to life imprisonment. nationalism and unionism in Ireland, He was released in the general amnesty of June 1917. including key events between 1911 • Elected Sinn Féin MP for East Clare in 1917 and 1918, and 1923. de Valera later spent time in America during the War 2.8 describe the impact of war of Independence, raising money and support for the on the lives of Irish people, referring Republican cause. to either World War One or World • The Anglo-Irish Treaty was signed in 1921 and in War Two. 1922, following its acceptance by Dáil Éireann, 1.10 demonstrate chronological de Valera resigned as president of the Dáil. awareness by creating and • The Civil War ended in May 1923 and he was maintaining timelines to locate subsequently imprisoned for one year. personalities, issues and events in their appropriate historical eras. • De Valera established Fianna Fáil in 1926. • He served three terms as Taoiseach and fourteen LC LINKS years as President of Ireland (1959-1973). -
Flood Management in Ireland
European Association of Remote Sensing Companies Sentinels Benefits Study (SeBS) A Case Study Flood Management in Ireland December 2018 SeBS-CR-002 v0.1 Page 1 December 2018 Client: ESA Client Representative: Alessandra Tassa Date of Delivery: December 2018 Version: Final Author(s): Lefteris Mamais (EARSC) Marc de Vries (The Greenland) Nikolay Khabarov (IIASA) Reviewer Alessandra Tassa (ESA) Version No Date Comment 01 April 2018 First Draft 02 May 2018 Revisions to Structure 03 June 2018 First Complete Draft 04 August 2018 Next to final Draft 05 December 2018 Final For more information contact: • EARSC: [email protected] • ESA: [email protected] Funded by the EU and ESA - ESA Contract Number: 4000119743/17/I-SBo. The views expressed herein can in no way be taken to reflect the official opinion of the European Space Agency or the European Union. Cover Image: Flooding River Shannon, Ireland, taken on 11 December 2015. Credit: Irish Defence Forces SeBS-CR-002 v0.1 Page 2 December 2018 Table of Contents 1 Introduction ........................................................................................................................................ 6 1.1 The context of this study ....................................................................................................................... 6 1.2 What is this case study about ................................................................................................................ 7 1.3 Acknowledgements .............................................................................................................................. -
JAMES ROONEY Phd Candidate, Trinity College Dublin Government
JAMES ROONEY PhD Candidate, Trinity College Dublin Government of Ireland Postgraduate Scholar 2019 IRELAND EUROPEAN UNION I. National Practices Concerning Law-making Procedures in Case of Urgent and/or Exceptional Circumstances 1) Does your national legal order identify urgent and/or exceptional cases as the justification for applying special law-making procedures? Ireland does identify urgent and exceptional cases as the justification for applying special law-making procedures. In Article 28 of Bunreacht na hÉireann (The Irish Constitution), four cases are presented as justifying the application of special law-making procedures. First, following a declaration of war by Ireland, per Article 28.3.1°. Second, following an actual invasion of Ireland, per Article 28.3.2°. Third, during an armed rebellion, per Article 28.3.3°. Fourth, per Article 28.3.3°: ‘when there is taking place an armed conflict in which the State is not a participant but in respect of which each of the Houses of the Oireachtas [Parliament] have resolved that, arising out of such armed conflict, a national emergency exists affecting the vital interests of the State.’ This fourth state of emergency ‘includes such time […] as may elapse until each of the Houses of the Oireachtas shall have resolved that the national emergency occasioned by such war, armed conflict, or armed rebellion has ceased to exist.’ These militaristic conditions are the only circumstances in which special law-making procedures may be implemented. There is no recourse to special law-making procedures available in cases of natural disasters. Are the concepts of “urgency” and “exceptionality” used cumulatively or alternatively as conditions for the special law-making procedures? Neither the term ‘urgency’ or ‘exceptionality’ are expressly used in Article 28 as conditions for the law-making process, however an examination of the content of the Article suggests that in cases where Ireland has been invaded, urgency is the condition for the usage of special law-making procedures. -
Colonel Dan Bryan and the Evolution of Irish Military Intelligence, 1919 -1945
U.ö. 6 National University of Ireland Maynooth Colonel Dan Bryan and the evolution of Irish Military Intelligence, 1919 -1945. By Darragh Biddlecombe B.A. THESIS FOR THE DEGREE OF M.A. DEPARTMENT OF MODERN HISTORY NATIONAL UNIVERSITY OF IRELAND MAYNOOTH HEAD OF DEPARTMENT: PROFESSOR R.V. COMERFORD SUPERVISOR OF RESEARCH: DR. DENISE DUNNE JULY 1999 TABLE OF CONTENTS Acknowledgements. ii Abbreviations. iii Introduction. iv-xii Chapter 1. The birth of Irish Military Intelligence 1917-21. 1-28 Chapter 2. The Civil War, a catalyst for Intelligence Development 29 - 56 Chapter 3. The Intelligence Department and the Army Mutiny. 57- 91 Chapter 4. The 1920’s and the scramble for intelligence dominance. 92-119 Chapters. War and Friendly Neutrality. 120-155 Chapter 6. Bryan’s leadership and an intelligence renaissance 156-189 Conclusion 190-196 Appendices: 197-199 Bibliography 200-203 i ACKNOWLEDGEMENTS There are a number of people whom I wish to thank who generously gave up their time to aid me in my efforts to write this thesis. None more so than Dr. Denise Dunne, without whose supervision, guidance and corrections of drafts this thesis would not have been possible. Similarly I would also like to acknowledge the assistance I received from the UCD Archives and in particular from Seamus Hefferty for his patience in answering my queries. The help and instruction from Victor Lang and particularly Peter Young concerning all facets of the Military Archives and their first hand knowledge of Dan Bryan was also vitally important to my study. I am deeply grateful to Bartley Bryan and his family who gave up their time on a minutes notice to answer my questions. -
Hitler's Irish Voices
Dublin City University School of Communications HITLER'S IRISH VOICES The Story of German Radio's Irish Propaganda Service, 1939-1945 A thesis submitted to Dublin City University in candidacy for the Degree of Doctor of Philosophy by David A. O'Donoghue 1995 S u p e r v iso r School of Communications Dr. Colum Kenny April 1995 DECLARATION I hereby certify that this material, which I now submit for assessment on the programme of study leading to the award of Doctor of Philosophy is entirely my own work and has not been taken from the work of others save and to the extent that such work has been cited and acknowledged within the text of my work. S ign ed : C andidate D ate : CONTENTS Abbreviations, Foreign and Technical Terms................................................................................................ i A b s t r a c t .................................................. i i i Forew ord.........................................................................................................................................................................................i v Introduction .......................................................................................................... 1 C hapter 1 A Nazi Radio Service for Ireland ................................................................................................................... 10 C hapter 2 Founding Fathers of the Irland-Redaktion ..............................................................................................32 Ludwig Muhlhausen......................................................................................................................................................3