Emergency Powers Act 1939
Encyclopedia
The Emergency Powers Act 1939 is 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. The act allowed the government to:
The act gave the government the ability to maintain Irish neutrality
during The Emergency by providing sweeping new powers to the government for the duration of the emergency, such as internment
, censorship of the media and mail by postal censorship
, and the government control of the economy.
During the Dáil
debate on the act, Fine Gael
TD
, John A. Costello
was highly critical of the delegation of powers, stating that,
Preparation for the emergency were well in hand a year before it was needed, because by way of the 1938 Anglo-Irish Trade Agreement
, access had been acquired to the British government's second world war legal emergency preparations. The Sudetenland
crisis prompted the adapting of the British "war book" for Ireland's purposes with draft legislation already finished by September 18, 1938.
The Emergency Powers Orders, EPOs, made aspects of the life of the country controlled by the government for the duration of the Emergency. The Garda Síochána
got extended power of search and arrest. Compulsory cultivation of land and compulsory queuing for buses, were a few topics for which orders were made. A total of 7,864 orders were made. One aspect of the EPOs was that once they were laid before the Oireachtas, TDs could only annul an EPO, but could not scrutinise, or amend them like they could with legislation.
Media censorship of radio broadcasts was effected by having news bulletins read to the head of the Government Information Bureau for approval before being broadcast by Radio Éireann and weather forecasts were forbidden which inconvenienced both farmers and fishermen.
The Emergency Powers Act finally lapsed on 2 September 1946. However the state of emergency itself was not rescinded until 1 September 1976.
Oireachtas
The Oireachtas , sometimes referred to as Oireachtas Éireann, is the "national parliament" or legislature of Ireland. The Oireachtas consists of:*The President of Ireland*The two Houses of the Oireachtas :**Dáil Éireann...
(Irish parliament) enacted on 3 September 1939 after an official state of emergency
State of emergency
A state of emergency is a governmental declaration that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviours, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale...
had been declared on 2 September 1939. The act allowed the government to:
- make provisions for securing the public safety and the preservation of the state in time of war and, in particular, to make provision for the maintenance of public order and for the provision and control of supplies and services essential to the life of the community, and to provide for divers and other matters (including the charging of fees on certain licences and other documents) connected with the matters aforesaid.
The act gave the government the ability to maintain Irish neutrality
Irish neutrality during World War II
The policy of Irish neutrality during World War II was adopted by Dáil Éireann at the instigation of Éamon de Valera, its Taoiseach upon the outbreak of hostilities in Europe and maintained throughout the conflict. De Valera refrained from joining either the Allies or Axis powers...
during The Emergency by providing sweeping new powers to the government for the duration of the emergency, such as internment
Internment
Internment is the imprisonment or confinement of people, commonly in large groups, without trial. The Oxford English Dictionary gives the meaning as: "The action of 'interning'; confinement within the limits of a country or place." Most modern usage is about individuals, and there is a distinction...
, censorship of the media and mail by postal censorship
Postal censorship
Postal censorship is the inspection or examination of mail, most often by governments. It can include opening, reading and total or selective obliteration of letters and their contents, as well as covers, postcards, parcels and other postal packets. Postal censorship takes place primarily but not...
, and the government control of the economy.
During the Dáil
Dáil Éireann
Dáil Éireann is the lower house, but principal chamber, of the Oireachtas , which also includes the President of Ireland and Seanad Éireann . It is directly elected at least once in every five years under the system of proportional representation by means of the single transferable vote...
debate on the act, Fine Gael
Fine Gael
Fine Gael is a centre-right to centrist political party in the Republic of Ireland. It is the single largest party in Ireland in the Oireachtas, in local government, and in terms of Members of the European Parliament. The party has a membership of over 35,000...
TD
Teachta Dála
A Teachta Dála , usually abbreviated as TD in English, is a member of Dáil Éireann, the lower house of the Oireachtas . It is the equivalent of terms such as "Member of Parliament" or "deputy" used in other states. The official translation of the term is "Deputy to the Dáil", though a more literal...
, John A. Costello
John A. Costello
John Aloysius Costello , a successful barrister, was one of the main legal advisors to the government of the Irish Free State after independence, Attorney General of Ireland from 1926–1932 and Taoiseach from 1948–1951 and 1954–1957....
was highly critical of the delegation of powers, stating that,
Preparation for the emergency were well in hand a year before it was needed, because by way of the 1938 Anglo-Irish Trade Agreement
Anglo-Irish Trade Agreement
The Anglo-Irish Trade Agreement was signed on 25 April 1938 by Ireland and the United Kingdom. It aimed to resolve the Anglo-Irish Trade War which had been on-going from 1933....
, access had been acquired to the British government's second world war legal emergency preparations. The Sudetenland
Sudetenland
Sudetenland is the German name used in English in the first half of the 20th century for the northern, southwest and western regions of Czechoslovakia inhabited mostly by ethnic Germans, specifically the border areas of Bohemia, Moravia, and those parts of Silesia being within Czechoslovakia.The...
crisis prompted the adapting of the British "war book" for Ireland's purposes with draft legislation already finished by September 18, 1938.
The Emergency Powers Orders, EPOs, made aspects of the life of the country controlled by the government for the duration of the Emergency. The Garda Síochána
Garda Síochána
, more commonly referred to as the Gardaí , is the police force of Ireland. The service is headed by the Commissioner who is appointed by the Irish Government. Its headquarters are located in the Phoenix Park in Dublin.- Terminology :...
got extended power of search and arrest. Compulsory cultivation of land and compulsory queuing for buses, were a few topics for which orders were made. A total of 7,864 orders were made. One aspect of the EPOs was that once they were laid before the Oireachtas, TDs could only annul an EPO, but could not scrutinise, or amend them like they could with legislation.
Media censorship of radio broadcasts was effected by having news bulletins read to the head of the Government Information Bureau for approval before being broadcast by Radio Éireann and weather forecasts were forbidden which inconvenienced both farmers and fishermen.
The Emergency Powers Act finally lapsed on 2 September 1946. However the state of emergency itself was not rescinded until 1 September 1976.
External links
- Emergency Powers Act 1939 Irish Statute Book