Private Notice Question.Wednesday, 5 February 1941 |
Dáil Éireann Debate
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[1775]Mr. Cosgrave:
asked the Minister for Defence if he will state under what legal authority the Defence Forces were employed to search houses without warrant within the last four weeks.
Minister for Defence (Mr. Traynor):
It is true that some searches of houses were recently carried out which were not expressly covered by an Emergency Powers Order. The Deputy will appreciate, however, that there is an obligation under international law and in the vital interests of the State to take all steps to recapture members of belligerent forces who escape from internment. I am satisfied that in the cases which the Deputy probably has in mind it was necessary that searches of houses should be carried out.
Mr. Cosgrave:
The Minister is condoning the breach of the law in this case. After all, the Minister operates under law. He insists upon other people carrying it out. He should have some explanation for breaking the law himself.
Mr. Traynor:
A possible explanation might be that the military have powers under the Emergency Powers Order, 1939, to search premises. It is quite possible that the houses entered were entered in the belief—erroneous I admit—that they were covered by these powers. However, we are taking powers now to cover that type of case in future.
Mr. Cosgrave:
Will the Minister take the precaution of apologising to those people whose houses were invaded without authority? Will the Minister do that?
Mr. Traynor:
That can be done.
Mr. Cosgrave:
But will it be done?
Mr. Traynor:
I take it it will. Possibly, yes.
Mr. Cosgrave:
That is a very ungracious answer.
[1776]Mr. Traynor:
I am not concerned with the situation personally. As a matter of fact, it was only brought to my attention.
Mr. Cosgrave:
I cannot hear much more than half what the Minister is saying. It is not an unreasonable question to put to the Minister.
Mr. Cosgrave:
Officials or persons acting under his authority or under his control have broken the law. The House will not refuse any necessary powers but it objects, and it must object, to the abuse of authority and to the use of powers that the House has not given. I am asking in this case if it is the Minister's intention to tender apologies to persons whose premises have been searched without legal authority.
Mr. Traynor:
If that has not already been done, it will be done.
| Last Updated: 19/05/2011 03:55:39 |
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