The Gazette 1975

liberty. A reinterpretation of Art. 58 would be of great importance so far as the law providing for inter- ment is concerned. Whether or not the decision to introduce interment should be left entirely to the Leg- islature is outside the consideration of this paper. It seems very doubtful whether the Transitory provisions of the Constitution have any effect now as they are no longer published in the current text of the Constitution. Senator Mary T. W. Robinson is seconding the vote of thanks to the Auditor said:— The greatest safeguard to personal liberty in a country is the consciousness on the part of its citi- zens of the value of liberty and their awareness of the danger of unnecessary inroads being made on it. In Ireland, unfortunately, we tolerate substantial inter- ference with the constitutional guarantee of personal liberty through an unjustified extension of the state of national emergency proclaimed by the resolution possed by the Oireachtas on 3 September 1939 which has never been rescinded. Whatever problems and difficulties may beset this country at present, have nothing to do with the national emergency declared because of the outbreak of the Second World War. It is time we admitted this honestly, and put an end to 3 6 i years of suspension of the full guarantee of civil rights in this country. We should also learn our lesson: that any future con- stitutional provision of this sort must contain within itself a strict time limit, when it will lapse automatic- ally unless renewed for a further specified period. The Oire?chtas appears reluctant to put an end to this absurd 40-year emergency. A motion to that effect which I had tabled with the support of Senator John Horgan lay on the Order Paper of the Senate for two years without being taken. Recently, the Taoiseach ex- pressly refused to consider such a motion in the Dail. The only possible course would be an action before the High Court for a declaration that the national emergency has ended — despite the fact that no motions to this effect have been passed by both Houses

— because there is no substance to that national emergency as proclaimed in 1939 and its continued existence abridges the scope of the fundamental rights clauses of the Constitution. Under Art. 40.3 (1): "The State guarantees in its laws to respect, and, as far as possible, by its laws to defend and vindicate the per- sonal rights of the citizen." To maintain an artificial state of emergency when the cause of it has long since disappeared is to dilute the concept of personal lib- erty and thereby to fail to defend and vindicate the personal rights of the citizen. In any case, if the formal protection of personal lib- erty under the Constitution is to become a reality for all citizens, it will be necessary for the Courts to in- terpret in a more creative and dynamic way the pro- visions of the Criminal Justice (Legal Aidi Act 1962. The District Court is empowered to grant a certificate of free legal aid in appropriate circumstances on ap- plication being made to it. However, the Court itself should go further and inform any person coming before it on a criminal charge who appears likely to fall within the provisions of the Act of his right to apply for such a certificate. The atmosphere and procedure before a court are intimidating and confusing to the lay person; and surveys have shown that the person represented by a solicitor or counsel is much more likely to avail of his right to bail etc. In principle, in order to ensure the reality of the guarantee of personal liberty, no person should be interrogated at a Garda station or 'brought before a Court without having a professional lawyer present to represent him who understands the rules of natural and constitutional justice, the pro- cedures which must be adopted and the rights of the citizen in the circumstances. At present, the greatest inequality before the law is that between the citizen represented by his lawyer and the citizen who has to cope with the Court system on his own. Th e Chief Justice, the Hon. T. F. O'Higgins, had proposed this vote of thanks. The Chair was taken by Professor Hand, De an of the Faculty of Law.

SOCIETY OF YOUNG SOLICITORY COMMI TTEE 1975/1976

NOTICE As the issues of the Gazette for March 1975 and April 1975 are scarce, will any members who do not require their copy please return them to the Editor.

Chairman: Secretary: Treasurer:

Michael Carrigan

Clare Cusack Mary Finlay

Ordinary

Committee:

(1) Rory Conway (2) William Earley (3) Andrew Donnolly (4) Brian Gallagher (5) Derek Greenlee (6) Aine Hanley (7) Michael Hayes

(8) George Mills (9) Ma e v e T. O'Donoghue (10) Norman T . J . Spendlove (11) Brian Wallace Ex-Chairman

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