The Constitution (Amendment No. 17) Act 1931 (act no. 37 of 1931, previously
bill
Bill(s) may refer to:
Common meanings
* Banknote, paper cash (especially in the United States)
* Bill (law), a proposed law put before a legislature
* Invoice, commercial document issued by a seller to a buyer
* Bill, a bird or animal's beak
Plac ...
no. 40 of 1931), popularly called the Public Safety Act 1931, was an Act of the
Oireachtas of the Irish Free State
The Oireachtas of the Irish Free State ( ga, Oireachtas Shaorstát Éireann) was the legislature of the Irish Free State from 1922 until 1937. It was established by the 1922 Constitution of Ireland which was based from the Anglo-Irish Treaty. ...
amending the
Constitution of the Irish Free State
The Constitution of the Irish Free State ( ga, Bunreacht Shaorstát Eireann) was adopted by Act of Dáil Éireann sitting as a constituent assembly on 25 October 1922. In accordance with Article 83 of the Constitution,Executive Council to declare a
state of emergency
A state of emergency is a situation in which a government is empowered to be able to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state du ...
during which most provisions of the constitution could be suspended and extra security measures taken. These measures included the uses of the Constitution (Special Powers) Tribunal, a
military tribunal
Military justice (also military law) is the legal system (bodies of law and procedure) that governs the conduct of the active-duty personnel of the armed forces of a country. In some nation-states, civil law and military law are distinct bodie ...
, to try civilians for political offences, granting extra powers of search and arrest to the
Garda Síochána
(; meaning "the Guardian(s) of the Peace"), more commonly referred to as the Gardaí (; "Guardians") or "the Guards", is the national police service of Ireland. The service is headed by the Garda Commissioner who is appointed by the Irish Gover ...
(police), and the prohibition of organisations deemed a threat to the state's security.
The act was rushed through in October by the then government of
Cumann na nGaedheal
Cumann na nGaedheal (; "Society of the Gaels") was a political party in the Irish Free State, which formed the government from 1923 to 1932. In 1933 it merged with smaller groups to form the Fine Gael party.
Origins
In 1922 the pro-Treaty G ...
under
W. T. Cosgrave
William Thomas Cosgrave (5 June 1880 – 16 November 1965) was an Irish Fine Gael politician who served as the president of the Executive Council of the Irish Free State from 1922 to 1932, leader of the Opposition in both the Free State and Ire ...
, during a period of increased activity by physical force Irish republicans. Cosgrave declared an emergency as soon as the act was passed and prohibited republican organisations, including the
Irish Republican Army
The Irish Republican Army (IRA) is a name used by various paramilitary organisations in Ireland throughout the 20th and 21st centuries. Organisations by this name have been dedicated to irredentism through Irish republicanism, the belief tha ...
,
Fianna Éireann
Na Fianna Éireann (The Fianna of Ireland), known as the Fianna, is an Irish nationalist youth organisation founded by Constance Markievicz in 1909, with later help from Bulmer Hobson. Fianna members were involved in setting up the Irish Volun ...
,
Cumann na mBan
Cumann na mBan (; literally "The Women's Council" but calling themselves The Irishwomen's Council in English), abbreviated C na mB, is an Irish republican women's paramilitary organisation formed in Dublin on 2 April 1914, merging with and di ...
and
Saor Éire
Saor Éire (; meaning 'Free Ireland') was a far-left political organisation established in September 1931 by communist-leaning members of the Irish Republican Army, with the backing of the IRA leadership. Notable among its founders was Peadar ...
, as well as communist revolutionary groups.
The military tribunal was motivated in part by
jury intimidation
Perverting the course of justice is an offence committed when a person prevents justice from being served on themselves or on another party. In England and Wales it is a common law offence, carrying a maximum sentence of life imprisonment. Statu ...
in trials of republican activists.
The opposition
Fianna Fáil
Fianna Fáil (, ; meaning 'Soldiers of Destiny' or 'Warriors of Fál'), officially Fianna Fáil – The Republican Party ( ga, audio=ga-Fianna Fáil.ogg, Fianna Fáil – An Páirtí Poblachtánach), is a conservative and Christian- ...
party condemned the act and ended the emergency when it took office after the 1932 election. However, in 1933 it reinstated the emergency and banned the
Blueshirts
The Army Comrades Association (ACA), later the National Guard, then Young Ireland and finally League of Youth, but best known by the nickname the Blueshirts ( ga, Na Léinte Gorma), was a paramilitary organisation in the Irish Free State, founded ...
, and in 1936 the IRA was banned again. In the landmark 1934 case ''State (Ryan) v. Lennon'', the
Supreme Court of Ireland
, image = Coat of arms of Ireland.svg
, imagesize = 120px
, alt =
, caption = Coat of Arms of Ireland
, image2 = Four Courts, Dublin 2014-09-13.jpg
, imagesize2 =
, alt2 ...
held that the Oireachtas had not acted in passing the 1931 act.
The Act became obsolete on the repeal of the 1922 Constitution by the Constitution of Ireland in 1937, and was formally repealed by the
Statute Law Revision Act 2016
The Statute Law Revision Act 2016 is a Statute Law Revision Act enacted by the Oireachtas in Ireland to review Acts of the Oireachtas passed from 1922 to 1950. It also amended the Statute Law Revision Act 2007 to revive one Act that had been rep ...
.
Article 28.3.3º of the Constitution of Ireland allows the
Oireachtas
The Oireachtas (, ), sometimes referred to as Oireachtas Éireann, is the Bicameralism, bicameral parliament of Republic of Ireland, Ireland. The Oireachtas consists of:
*The President of Ireland
*The bicameralism, two houses of the Oireachtas ...
to declare a state of emergency during a period of war or armed rebellion. Experience of the 1931 act informed the provisions of the
Emergency Powers Act 1939
The Emergency Powers Act 1939 (EPA) was an Act of the Oireachtas (Irish parliament) enacted on 3 September 1939, after an official state of emergency had been declared on 2 September 1939 in response to the outbreak of the Second World War. The ...
Offences against the State Act 1939
Offense or offence may refer to:
Common meanings
* Offense or crime, a violation of penal law
* An insult, or negative feeling in response to a perceived insult
* An attack, a proactive offensive engagement
* Sin, an act that violates a known m ...
, which remains in force with amendments.
References
;Primary:
*
Irish Statute Book
The Irish Statute Book, also known as the electronic Irish Statute Book (eISB), is a database produced by the Office of the Attorney General of Ireland. It contains copies of Acts of the Oireachtas and statutory instruments.