Emergency Powers Act 1939 facts for kids
The Emergency Powers Act 1939 (EPA) was a special law passed in Ireland on 3 September 1939. This happened just after a state of emergency was declared on 2 September 1939. This declaration was made because World War II had just begun.
The Act gave the Irish government wide-ranging powers. It allowed them 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.
In simpler terms, the EPA allowed the government to make rules to keep people safe. It also helped them protect the country during wartime. This included keeping public order and controlling important supplies and services.
The EPA law ended on 2 September 1946. However, the official state of emergency in Ireland lasted much longer. It was not officially ended until 1 September 1976.
Contents
Why the Emergency Powers Act Was Made
Ireland's Constitution, written in 1937, had special rules for wartime. Article 28.3.3° of the Constitution of Ireland said:
Nothing in this Constitution shall be invoked to invalidate any law enacted by the Oireachtas which is expressed to be for the purpose of securing the public safety and the preservation of the State in time of war or armed rebellion, or to nullify any act done or purporting to be done in time of war or armed rebellion in pursuance of any such law.
This meant that during a war, the government could pass laws to protect the country. These laws could not be challenged using other parts of the Constitution. The Constitution also allowed military tribunals (special courts) to try civilians during a war. It also meant the army was not bound by habeas corpus. This is a legal right that protects people from being held without reason.
Preparing for War
In 1938, Ireland and Britain signed a trade agreement. Both countries wanted to focus on preparing for a possible war in Europe. Britain shared details of its own emergency laws with Ireland. Ireland then started to prepare its own similar laws. Draft laws were ready by September 1938.
Staying Neutral in World War II
When Germany invaded Poland in September 1939, World War II began. Ireland decided to remain neutral. This meant Ireland would not take sides in the war.
To allow for emergency laws while staying neutral, a quick change was needed. The First Amendment of the Constitution was rushed through parliament on 2 September 1939. This amendment allowed an emergency to be declared even if Ireland was not fighting in the war. Right after this change, the necessary emergency declaration was passed. This then allowed the Emergency Powers Act to become law in the early hours of 3 September.
It's a common myth that World War II was officially called "The Emergency" in Ireland. This idea grew from the Emergency Powers Act itself, but it was not the official name for the war.
What Powers the Act Gave
The Emergency Powers Act gave the Irish government many new powers. These powers helped Ireland maintain its neutrality during the war. They also helped the country manage daily life during this difficult time.
New Government Powers
The new powers included:
- Internment: The government could hold people without a trial.
- Censorship: The media, like newspapers and radio, could be controlled. Mail could also be censored.
- Economic Control: The government had more control over the country's economy.
These powers were put into action through special rules called Emergency Powers Orders (EPOs). These EPOs were made by government ministers.
During the debate about the Act, a politician named John A. Costello was worried. He said the government was being given a "blank cheque". This meant he felt they were getting too much power without enough checks.
Impact of the Orders
According to historian Tony Gray, the EPOs were very strict. They gave the government almost complete control over many parts of life. The Garda Síochána (Irish police) also got more power to search and arrest people.
EPOs covered many different topics. For example, there were rules about growing crops on land. There were also rules about how people should queue for buses.
One important thing about EPOs was how they were passed. Once a minister made an EPO, parliament could only accept or reject it. They could not change or amend it like a normal law. John A. Costello also criticized that EPOs could be used in court without needing special proof.
Controlling Information
Media censorship was a big part of the EPA. News reports for Radio Éireann had to be approved by the head of the Government Information Bureau. Even weather forecasts were not allowed. This caused problems for farmers and fishermen.
By 1946, a total of 7,864 orders had been made. Most of these were smaller rules made under the main EPOs. Many were related to controlling wages.
How the Act Ended
The Emergency Powers Act was originally meant to last for one year. But it was extended every year with new laws. It finally ended on 2 September 1946.
Changes to the Act
The Act was also changed over time.
- In 1940, the government gained the power to intern Irish citizens, not just foreign nationals.
- Also in 1940, special courts (court martial) could try civilians without a jury.
These changes happened because of increased activity by the Irish Republican Army (IRA). Many IRA members were held without trial, and some were executed. Media censorship meant there wasn't much public protest about this.
In 1941, the Second Amendment of the Constitution was passed. This meant that the state of emergency would not end automatically when the war did. It would only end when parliament voted for it to end. So, even though the EPA law ended in 1946, the official state of emergency continued until 1 September 1976.
Orders That Continued
As the war ended, most of the EPOs were cancelled. But the government wanted to keep some of them. These were mostly about economic and financial matters. These EPOs had been made quickly under the EPA. If the EPA ended, these rules would also end.
So, several new laws were passed before the EPA expired. These laws kept many of the important EPOs in force. For example:
- The Supplies and Services (Temporary Provisions) Act, 1946 kept many EPOs related to production, trade, and labor. This Act was extended every year until 1957. Rationing of goods continued until 1951.
- The Turf Development Act, 1946 kept an EPO about turf (peat) production.
- The Continuation of Compensation Schemes Act, 1946 kept EPOs about compensation for war injuries.
Many of these EPOs were eventually replaced by normal laws. For example, rules about army deserters, merchant shipping, and social welfare were later made into regular Acts of Parliament.
One exception is the Continuation of Compensation Schemes Act 1946. Some rules from this Act were still being updated as late as 1979. In 2011, the powers from this Act were moved to a different government minister. In 2016, the Law Reform Commission suggested that this Act and its related orders should finally be cancelled because they are no longer needed.
See also
- Irish neutrality during World War II
- List of Acts of the Oireachtas
