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Emergency Law in Ireland 1918-1925, by Colm Campbell. Oxford: Clarendon Press, 1994, 429 and xxiii (hardback £45.00).

Published online by Cambridge University Press:  02 January 2018

Clive Walker
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Type
Book Review
Information
Legal Studies , Volume 15 , Issue 2 , July 1995 , pp. 311 - 322
Copyright
Copyright © Society of Legal Scholars 1995

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References

1. Northern Ireland (Temporary Provisions) Act 1972. Note should also be made of the reformulation of the south as a Republic divorced from the British Crown; see: Irish Constitution 1937, Republic of Ireland Act 1948.

2. Northern Ireland Constitutional Proposals (Cmnd 5259,1973).

3. Agreement between the Government of the United Kingdom and Great Britain and Northern Ireland and the Government of the Republic of Ireland (Cmnd %57,1985).

4. (1995) The Times, 23 February p 1.

5. The definition of ‘War’w as altered:T erminationo f the Present War (Definition) Act 1918.

6. Of course, the two enemies of the State were not wholly distinct, and both Casement in 1916 and Dowling in 1918 were transported to Ireland by German submarine: FSL Lyons Ireland Since the Famine (revised edn, Fontana, 1973) pp 352,396.

7. See Campbell, op cit, Bibliography.

8. [1921] 1 IR 265.

9. (1973) 50 USC ss 1541 - 1548. See: MJ Glannon ‘The War Powers Resolution ten years later’ (1984) 78 AJIL 57 1.

10. See FSL Lyons Ireland Since the Famine (revised edn, Fontana, 1973) p 305.

11. M Farrell, Arming the Protestants (Pluto Press, 1983).

12. See R vNelson (1992) The Times, 23 January p 1,30 January pp 1,2,4,4 February p 2.

13. Irish Free State (Agreement) Act 1922; Irish Free State Constitution Act 1922.

14. [ 19241 1 IR 32. The decision also impugned the manner of passage of the consequent Public Safety (Emergency Powers) Act 1923 since there was no declaration that it was necessary for the immediate preservation of the peace, as required by Article 47 of the Constitution. The decision was immediately overruled by a second Public Safety Act.

15. HC Debs (NI) Vo12 cols 90 - 91. For the origins in turn of DORA, see GR Rubin ‘The Royal Prerogative or a statutory code? in R Eales, and D Sullivan, (eds) The Polifid Context o f h w (Harnbledon, London, 1987).

16. [1922] 56 ILTR 170.

17. For examples, see: HP Lee Emergency Powers (Law Book Co, Sydney, 1985); D Bonner Emergency Powers in Peacetime (Sweet & Maxwell, London, 1985); AS Mathews Freedom, State Security and the Rule o f h w (Jura, Cape Town, 1986); G Hogan and C Walker Political Violence and the Law in Ireland (Manchester UP, 1989); JE Finn Constitutions in Crisis (Oxford Up, 1991); C Walker The Prevention of Terrorism in British Law (2nd edn, Manchester UP, 1992).

18. CP Walker and RL Weaver ‘A Peace Deal for Northern Ireland?’ (1994) 8 Emory Int LR 817.

19. The list includes principally the Offences against the State Act 1939, Emergency Powers Act 1976, Prevention of Terrorism (Temporary Provisions) Act 1989, Northern Ireland (Emergency Provisions) Act 199 1.

20. C Walker The Prevention of Terrorism in British Law (2nd edn, Manchester UP, 1992) ch 13.

21. For example: Emergencies Act 1988 (Canada); International Terrorism (Emergency Powers) Act 1987, Defence Act 1990 (New Zealand).

22. See especially: C Townshend The British Campaign in Ireland 1919-1921 (Oxford UP, 1975). Political Violence in Ireland (Oxford UP, 1983), ‘Martial law: legal and administrative problems of civil emergency in Britain and the Empire 1800- 1940’ (1982) XXV Hist Jo 167; M Farrell Northern IreZand(p1uto Press, 1976), Arming the Protestants (Pluto Press, 1983).

23. For example: WS Churchill The World Crisis (Butterworth. 193 1); J Bowman De Valera and the Ulster Question 191 7-1973 (Clarendon Press, Oxford, 1982).

24. For example: J Bowyer Bell The Secret Amy (Academy Press, Dublin, 1979): S Cronin Irish Nationalism (Academy Press, Dublin, 1980); P Coogan The IRA (3rd edn, Fontana Books, Isle of Man, 1987). Only the first citation is listed in the Bibliography.

25. But see: C Hewitt The ESfectiveness of Anti-Terrorist Policies (University of American Press, Lanham, 1984).

26. FSL Lyons op cit p 427.

27. C Townshend Political Violence in Ireland, p 358.

28. Compare J Tapia Valdes ‘A Typology of National Security Policies’ (1982) 9 Yale Jo of World Public Order 10.

29. HC Debs Vol167 ∼01508, 12 December 1906.

30. ‘The Irish Republican Army and the Development of Guemlla Warfare 1916 - 1921’ (1979) XCIV EHR 318.

31. C Townshend Political Violence in Ireland p 328.

32. Carson was admitted to the Cabinet in 1916. The terrible losses of the Ulster Volunteers in the Battle of the S o m e and elsewhere were also thought, at least by Loyalists, to create a substantial debt of gratitude on the part of the British State. However, it should be noted that, conscription problems notwithstanding, a very large number of Catholics also served (and died): Royal Commission on the Rebellion in Ireland (Cd 8279, 1916) Appendix.

33. John Dowling, of the Irish Brigade, had landed from a German submarine in April 1918, was arrested and was then sentenced to life imprisonment by court-martial.

34. See: Mi Boyce Nationalism in Ireland (2nd edn, Routledge, London, 1991).

35. Quoted in CC O’Brien Parnelland His Parry 1880- 1890 (Clarendon Press, Oxford, 1957) p 209. See also: C Townshend Violence in Ireland p 410.

36. Bowyer Bell, op cit p 20. See also: T Bowden ‘Ireland - Decay of Control’ in M Elliot-Bateman (ed) Revolt to Revolution (Manchester UP, 1974).

37. Townshend The British Campaign in Ireland 1919-1921 p 104.

38. bid, p 175.

39. M Farrell Northern Ireland p 62.

40. 44Victc4.

41. HC Debs (4th Series) Vol 167 ∼01506, 11 December 1906.

42. But see: Lyons, op cit ,ch 4.

43. There was criticism of the lack of success and some of the methods used: Townshend The British Campaign in Ireland 1919-1921 p 158.

44. See: M Farrell Northern Ireland, ch 1,2: P Bew, P Gibbon and H Patterson The State in Northern Ireland 1921-1994 (Serif, London, 1995).

45. Compare: Farrell Northern Ireland p 61.

46. Lyons, op cit, p 248.

47. At p 8. n 2.

48. But see footnotes at p 7 1,136.

49. See: Royal Commission on the Arrest and Subsequent Treatment of Mr Francis Sheehy Skeffington (Cd 8376, 1916).

50. See, for example: CP Walker The Prevention of Terrorism (PhD, University of Manchester, 1982) ch 6.

51. 37 Geo 3 c 1 (Ir), 38 Geo 3 c 21 (Ir), 40 Geo 3 c 18 (Ir).

52. 3 & 4 Will. 4 c 4 ss 29 - 32.

53. 34 Vict c 2 c 25.

54. 44 Vict c 4.

55. 39Geo3c 11 (Ir)and43Geo3c 117.

56. S 13.

57. 45 & 46 Vict c 25. The Act provided for Special Commission Courts of three judges.

58. 50 & 51 Vict c 20. Since this was an attempt to lay down a permanent code of coercive powers, it persisted into the period covered by Campbell and is duly described.

59. At p 56.

60. Unlawful Assemblies Act 1973 (33 Geo 3 c 29 (Ir), Unlawful Societies Act 1799 (39 Geo 3 c 79).

61. 6Geo4c4; 1OGeo4c 1.

62. Under the 1881 and 1887 legislation.

63. The use of reprisals was also a policy which was enshrined in the later emergency regime in Cyprus: Emergency Powers (Collective Punishment) Regulations 1955 no 732; Ross-Chis v Papadopoullos [1958] 1 WLR 546.

64. 3 Geo 3 c 19 (Ir) s 3. See also: 15 & 16 Geo 3 c 21 (Ir) ss 8 - 14; E Hayes Crimes and Punishment (Milliken, Dublin, 1842).

65. 33 Vict c 9 s 39.

66. G O’Tuathaigh Ireland Before the Famine 1798- 1848 (Gill & MacMillan, Dublin, 1972) p 169.

67. IS Leadam Coercive Measures in Ireland 1830 - 1880 (National Press Agency, London, 1880) p 28.

68. See: LP Curtis Coercion and Conciliation in Ireland 1880- 1892 (Plmceton Up, 1%3).

69. Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374.

70. R v Secretary of State for the Home Department, exp Northumbria Police Authoriv [ 19881 2 WLR 590.

71. [1940] IR 136.