Civil Authorities (Special Powers) Act (Northern Ireland) 1922 facts for kids
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| Long title | An Act to empower certain authorities of the Government of Northern Ireland to take steps for preserving the peace and maintaining order in Northern Ireland, and for purposes connected therewith. |
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| Citation | 12 & 13 Geo. 5 c. 5 |
| Territorial extent | Northern Ireland |
| Dates | |
| Royal assent | 7 April 1922 |
| Commencement | 7 April 1922 |
| Other legislation | |
| Repealed by | Northern Ireland (Emergency Provisions) Act 1973 |
| Relates to | Public Order Act (Northern Ireland) 1951, Flags and Emblems (Display) Act (Northern Ireland) 1954 |
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Status: Repealed
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| Text of the Civil Authorities (Special Powers) Act (Northern Ireland) 1922 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk | |
The Civil Authorities (Special Powers) Act (Northern Ireland) 1922 was an important law. People often called it the Special Powers Act. It was also known as the "Flogging Act" because it allowed for harsh punishments. This law was passed by the Parliament of Northern Ireland in 1922. This was a time when Ireland was being divided.
The Act gave the government wide-ranging powers. It was meant to keep peace and order in Northern Ireland. However, many nationalists saw it as unfair. They felt it was used to control them. The Act was renewed every year at first. It became a permanent law in 1933. It was finally ended in 1973. This happened when Northern Ireland's parliament was closed. The British government then took direct control.
Contents
Why Was the Special Powers Act Created?
In the early 1900s, people in Ireland had strong disagreements. Most people were Catholic and identified as Irish. They wanted Ireland to be independent from Britain. This group was called nationalists.
Another group, mainly in Ulster, was mostly Protestant. They identified as British and wanted to stay part of the United Kingdom. These were the unionists. Both groups formed armed groups to protect their beliefs.
To solve this problem, the British government decided to divide Ireland. Six counties in Ulster, mostly Protestant, became Northern Ireland. The rest of Ireland became self-governing. Most unionists accepted this plan. But many nationalists, especially those in Northern Ireland, were very upset. They felt their country was unfairly split.
The division of Ireland happened with the Government of Ireland Act 1920. This Act also created the Parliament of Northern Ireland. After the division, there was a lot of violence. This was especially true in Belfast. The Irish Republican Army (IRA) also fought to end the division.
What Did the Special Powers Act Do?
The government said the Act was needed to bring peace to Northern Ireland. It allowed the government to "take all such steps... as may be necessary for preserving the peace and maintaining order". The law said that normal legal processes should be changed as little as possible.
The Home Affairs Minister had the power to make any rules needed for law and order. If someone broke these rules, they could go to prison. For some serious crimes, they could even be whipped. Special courts without juries could hear these cases. The Minister could also stop investigations into deaths if it helped keep order.
The Act listed specific actions the government could take. These included:
- Closing pubs and other licensed places.
- Banning meetings and parades in public.
- Closing roads.
- Taking over land or property.
- Destroying buildings.
- Stopping the spread of "reports or statements" that might cause disloyalty to the King.
This law was first meant to be temporary, lasting only one year. But it was renewed every year. In 1928, it was renewed for five years. Then, in 1933, it was made a permanent law. This happened because nationalist politicians started attending parliament. They strongly opposed renewing the Act. So, the government decided to make it permanent to avoid yearly arguments.
How Was the Act Used?
The Special Powers Act was used throughout the entire time Northern Ireland had its own parliament. The Ulster Unionist Party always formed the government. Because of this, the Act was used mostly against the nationalist population.
At first, the rules under the Act were used to stop immediate violence. One very controversial power was internment. This meant people could be held without a trial or a warrant.
Internment Without Trial
The Act allowed the government to hold anyone they suspected of harming peace or order. They could be held indefinitely. For example, the politician Cahir Healy was held for 18 months. He said he was arrested for political reasons. Between 1922 and 1924, about 700 republicans were held under this Act. Many were kept on a British Navy ship called the HMS Argenta. Some called it a "floating prison."
After 1925, violence decreased. The government then used the Act more to prevent future problems. They focused on stopping republican goals. Internment and curfews were used less often. Instead, banning meetings, parades, and restricting the Irish tricolour became more common.
Between 1922 and 1950, nearly 100 nationalist or republican parades and meetings were banned. No loyalist gatherings were directly banned. Also, 140 publications were banned from 1922 to 1972. Most of these expressed republican views. The Act was also used against communist writings. Most groups banned were republican. The Ulster Volunteer Force was the only loyalist group made illegal this way.
Internment was not used again until the IRA's border campaign in the 1950s. Hundreds of republicans were held then. British politicians and trade unions protested this.
When the Troubles began in 1968, internment was brought back in 1971. This allowed the arrest of suspected terrorists. Out of 1,981 men held, only 107 were loyalists. Many of the republicans held were from the Official IRA, not the Provisional IRA, which was more active in terrorism.
Internment ended in 1975. However, it made many Catholics support the Provisional IRA more. It also caused political tension. This led to the 1981 Irish Hunger Strike and the death of MP Bobby Sands. Imprisonment under anti-terrorism laws continued until the Good Friday Agreement in 1998. But these new laws required fair trials.
The Act and the British Army
In the 1970s, the Act caused more arguments. This was because the Army was helping to keep order in Northern Ireland. In 1972, the government had to change the Act. This was to make it legal for soldiers to arrest people.
A man named Martin Meehan was arrested by soldiers. He had escaped from jail. But at his trial, he successfully argued that soldiers had no power to arrest under the Special Powers Act. He won money because he was held illegally.
Other Related Laws
The Special Powers Act was very broad. Over time, some of its powers were moved to other specific laws.
Public Order Act 1951
This law allowed the Home Affairs Minister to ban or change the routes of parades. This was if the parade was likely to cause disorder. It was mainly used against nationalist parades. It took over the job of controlling parades from the Special Powers Act.
Flags and Emblems (Display) Act 1954
This law made it illegal to interfere with the Union Jack flag on private property. It also allowed police to remove any other flag if it might cause public disorder. This law was mostly aimed at displays of the Irish tricolour. However, it did not actually ban the Irish flag. It would have been very hard for the Northern Irish government to ban the flag of another country.
