Nothing So Permanent As Temporary Measures
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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 ........................................................................................................ -
Michael Davitt 1846 – 1906
MICHAEL DAVITT 1846 – 1906 An exhibition to honour the centenary of his death MAYO COUNTY LIBRARY www.mayolibrary.ie MAYO COUNTY LIBRARY MICHAEL DAVITTwas born the www.mayolibrary.ie son of a small tenant farmer at Straide, Co. Mayo in 1846. He arrived in the world at a time when Ireland was undergoing the greatest social and humanitarian disaster in its modern history, the Great Famine of 1845-49. Over the five or so years it endured, about a million people died and another million emigrated. BIRTH OF A RADICAL IRISHMAN He was also born in a region where the Famine, caused by potato blight, took its greatest toll in human life and misery. Much of the land available for cultivation in Co. Mayo was poor and the average valuation of its agricultural holdings was the lowest in the country. At first the Davitts managed to survive the famine when Michael’s father, Martin, became an overseer of road construction on a famine relief scheme. However, in 1850, unable to pay the rent arrears for the small landholding of about seven acres, the family was evicted. left: The enormous upheaval of the The Famine in Ireland — Extreme pressure of population on Great Famine that Davitt Funeral at Skibbereen (Illustrated London News, natural resources and extreme experienced as an infant set the January 30, 1847) dependence on the potato for mould for his moral and political above: survival explain why Mayo suffered attitudes as an adult. Departure for the “Viceroy” a greater human loss (29%) during steamer from the docks at Galway. -
Northern Ireland , Marie Lynch, Interpreting Constitutional
Co.Co.A. Comparing Constitutional Adjudication A Summer School on Comparative Interpretation of European Constitutional Jurisprudence 1st Edition - 2006 Constitutional Adjudication and Interpretation of the Constitution Northern Ireland Interpreting Constitutional Legislation in the UK Prepared by: Marie Lynch Constitutional Adjudication – Robinson v Secretary of State for Northern Ireland : Interpreting Constitutional Legislation A distinguishing feature of the constitution in the United Kingdom 1 is that unlike most Western democracies, it does not have a singular written constitution outlining all the rights and protections afforded to the citizens within. The absence of such a mono- document delineating these rights meant that there was no concept of a higher law or a supreme law which could only be altered or amended by extraordinary methods. 2 The traditional orthodox approach in the UK was that due to Parliamentary sovereignty, all primary legislation it passes is of equal status, 3 the principles of interpretation to be applied to these Acts is that they are to be construed according to the ordinary and literal meaning of the language used. However this conventional attitude was gradually evolving and the new assessment was finally articulated in the 2002 case of Thoburn v. Sunderland City Council. 4 Here Sir John Laws in the High Court, develops ideas about “constitutional statutes” within the UK. He recommended that we should acknowledge that there are a hierarchy of Acts of Parliament: “there exists rights which should properly be classified as constitutional or fundamental…. We should recognise a hierarchy of Acts of Parliament: as it were ‘ordinary’ statutes and ‘constitutional’ statutes”. Laws L.J. -
Brexit: UK-Irish Relations
HOUSE OF LORDS European Union Committee 6th Report of Session 2016–17 Brexit: UK-Irish relations Ordered to be printed 6 December 2016 and published 12 December 2016 Published by the Authority of the House of Lords HL Paper 76 The European Union Committee The European Union Committee is appointed each session “to scrutinise documents deposited in the House by a Minister, and other matters relating to the European Union”. In practice this means that the Select Committee, along with its Sub-Committees, scrutinises the UK Government’s policies and actions in respect of the EU; considers and seeks to influence the development of policies and draft laws proposed by the EU institutions; and more generally represents the House of Lords in its dealings with the EU institutions and other Member States. The six Sub-Committees are as follows: Energy and Environment Sub-Committee External Affairs Sub-Committee Financial Affairs Sub-Committee Home Affairs Sub-Committee Internal Market Sub-Committee Justice Sub-Committee Membership The Members of the European Union Select Committee are: Baroness Armstrong of Hill Top Lord Jay of Ewelme Baroness Suttie Lord Boswell of Aynho (Chairman) Baroness Kennedy of The Shaws Lord Teverson Baroness Brown of Cambridge Earl of Kinnoull Lord Trees Baroness Browning Lord Liddle Baroness Verma Baroness Falkner of Margravine Baroness Prashar Lord Whitty Lord Green of Hurstpierpoint Lord Selkirk of Douglas Baroness Wilcox Further information Publications, press notices, details of membership, forthcoming meetings and other information is available at http://www.parliament.uk/hleu. General information about the House of Lords and its Committees is available at http://www.parliament.uk/business/lords. -
British Nationality Act 1981
Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to British Nationality Act 1981. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) British Nationality Act 1981 1981 CHAPTER 61 An Act to make fresh provision about citizenship and nationality, and to amend the Immigration Act 1971 as regards the right of abode in the United Kingdom. [30th October 1981] Annotations: Modifications etc. (not altering text) C1 Act extended by British Nationality (Falkland Islands) Act 1983 (c. 6, SIF 87), s. 3(1); restricted by British Nationality (Falkland Islands) Act 1983 (c. 6, SIF 87), s. 3(2); amended by S.I. 1983/1699, art. 2(1) and amended by British Nationality (Hong Kong) Act 1990 (c. 34, SIF 87), s. 2(1) C2 Act modified: (18.7.1996) by 1996 c. 41, s. 2(1); (19.3.1997) by 1997 c. 20, s. 2(1) C3 Act applied (19.3.1997) by 1997 c. 20, s. 1(8) C4 Act amended (2.10.2000) by S.I. 2000/2326, art. 8 C5 Act modified (21.5.2002) by British Overseas Territories Act 2002 (c. 8), s. 3(3); S.I. 2002/1252, art. 2 C6 Act modified (21.5.2002) by British Overseas Territories Act 2002 (c. 8), s. 6(2); S.I. 2002/1252, art. 2 Act modified (21.5.2002) by British Overseas Territories Act 2002 (c. -
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. -
The Impact of Brexit on Human Rights
The Impact of Brexit on Human Rights 2018 Annual Human Rights Lecture Law Society of Ireland, 15 May 2018 Professor Fiona de Londras President of the Law Society, Chair and members of the Human Rights Committee, members of the Judiciary, Minister, Excellencies, members of the Law Society, ladies and gentlemen. It is a great honour for me to be home to give this lecture. No matter how long one is gone (and I have not been gone terribly long) or how far away one is (and I am not very far away) home is always home, and so I am delighted to be here this evening to discuss the important topic of Brexit and its implications for rights, which is an urgent and a personal issue for me as an Irish women living in the midlands of England, as a lawyer, and as a committed European. It is a strange time to be an Irish woman in the United Kingdom. With the forthcoming referendum on the 8th Amendment we are engaged with sometimes sympathetically, sometimes as a manifestation of a post-colonial novelty annoyingly termed ‘southern Ireland’. At the same time, whenever there is a European Council meeting at least one person, sometimes more though never many, asks me why Ireland is on a wrecking mission for Brexit; why we cannot just “accept” Brexit, as if it were ours to accept or reject; whether this is all in some way the centennial revenge of a country newly and surprisingly seen as sovereign and powerful. It is a strange terrain to navigate. -
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. -
The European Union Withdrawal (Consequential Modifications) (Eu Exit) Regulations 2020
EXPLANATORY MEMORANDUM TO THE EUROPEAN UNION WITHDRAWAL (CONSEQUENTIAL MODIFICATIONS) (EU EXIT) REGULATIONS 2020 2020 No. [XXXX] 1. Introduction 1.1 This explanatory memorandum has been prepared by the Cabinet Office and is laid before Parliament by Command of Her Majesty. 1.2 This memorandum contains information for the Joint Committee on Statutory Instruments. 2. Purpose of the instrument 2.1 The purpose of this instrument is to ensure that the UK statute book works coherently and effectively following the end of the transition period. 2.2 It clarifies how certain terms, including EU-related definitions, should be interpreted in domestic legislation on or after IP completion day. As part of this, the instrument clarifies how cross references to EU legislation should be read. 2.3 The instrument makes technical repeals to redundant provisions within primary legislation arising from the European Union (Withdrawal) Act 2018 (“EUWA”). These are primarily repeals of amending provisions, in particular relating to the European Communities Act 1972 (“the ECA”), where EUWA has already provided for the repeal of the amended provisions. The purpose of the repeals in these Regulations is to tidy up the statute book and they have no substantive effect. 2.4 The instrument amends the Interpretation Act 1978 (and the devolved equivalents) in relation to the interpretation of references to “relevant separation agreement law” . The instrument also amends EUWA to provide for how existing references to EU instruments that form part of relevant separation agreement law and how existing non- ambulatory references to direct EU legislation should be read. It also makes consequential amendments to the European Union (Withdrawal) Act 2018 (Consequential Modifications and Repeals and Revocations) (EU Exit) Regulations 2019 1(S.I. -
Legislative and Regulatory Reform Act 2006
Legislative and Regulatory Reform Act 2006 CHAPTER 51 CONTENTS PART 1 ORDER-MAKING POWERS Powers 1 Power to remove or reduce burdens 2 Power to promote regulatory principles Restrictions 3 Preconditions 4 Subordinate legislation 5 Taxation 6 Criminal penalties 7 Forcible entry etc 8 Excepted enactments 9Scotland 10 Northern Ireland 11 Wales Procedure 12 Procedure: introductory 13 Consultation 14 Draft order and explanatory document laid before Parliament 15 Determination of Parliamentary procedure 16 Negative resolution procedure 17 Affirmative resolution procedure 18 Super-affirmative resolution procedure ii Legislative and Regulatory Reform Act 2006 (c. 51) General 19 Calculation of time periods 20 Combination with powers under European Communities Act 1972 PART 2 REGULATORS Exercise of regulatory functions 21 Principles 22 Code of practice 23 Code of practice: procedure 24 Functions to which sections 21 and 22 apply PART 3 LEGISLATION RELATING TO THE EUROPEAN COMMUNITIES ETC Interpretation of legislation 25 References to Community instruments 26 EEA agreement and EEA state Implementation of Community obligations etc 27 Power to make orders, rules and schemes 28 Power to make ambulatory references to Community instruments 29 Combination of powers PART 4 SUPPLEMENTARY AND GENERAL Supplementary 30 Repeals and savings 31 Consequential amendments General 32 General interpretation 33 Commencement 34 Extent 35 Short title Schedule — Repeals ELIZABETH II c. 51 Legislative and Regulatory Reform Act 2006 2006 CHAPTER 51 An Act to enable provision to be made for the purpose of removing or reducing burdens resulting from legislation and promoting regulatory principles; to make provision about the exercise of regulatory functions; to make provision about the interpretation of legislation relating to the European Communities and the European Economic Area; to make provision relating to section 2(2) of the European Communities Act 1972; and for connected purposes. -
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. -
Irish Immigration to America, 1630 to 1921 by Dr
Irish Immigration to America, 1630 to 1921 By Dr. Catherine B. Shannon Reprinted courtesy of the New Bedford Whaling Museum Introduction The oft quoted aphorism that "Boston is the next parish to Galway" highlights the long and close connections between Ireland and New England that extend as far back as the 1600s. Colonial birth, death, marriage, and some shipping records cite the presence of Irish born people as early as the 1630s. For instance, in 1655 the ship Goodfellow arrived in Boston carrying a group of indentured servants, and John Hancock's ancestor, Anthony Hancock, arrived from Co. Down in 1681. According to the story of The Irish Gift of 1676, which provided aid after King Phillip's War, Rev. Cotton Mather and Governor Winthrop corresponded with their Irish friends and relatives, with as many as 105 soldiers of Irish origin serving in various militias during the war. However, up until 1715, the numbers of Irish in New England were less than 1%, a small percentage of the population.1 The First Wave of Irish Immigration, 1715 to 1845 The first significant influx of Irish immigrants to Boston and New England consisted primarily of Ulster Presbyterians and began in the early eighteenth century.2 They comprised about ten percent, or 20,000 of a larger migration of over 200,000 Ulster Presbyterians who fled the north of Ireland to America between 1700 and 1775. The majority arrived in Boston between 1714 and 1750, as most Ulster immigrants went to the mid-Atlantic area via Philadelphia, Baltimore, and Charleston beginning in the 1750s.