Emergency Powers Act (Northern Ireland) 1926
Encyclopedia
The Emergency Powers Act (Northern Ireland) 1926 (16 & 17 Geo. 5 c. 8) was an Act
of the Parliament of Northern Ireland
that was passed for the purpose of making provision for the protection of the community in Northern Ireland
in cases of emergency.
The Act gave the Governor of Northern Ireland
the authority to declare a state of emergency and issue proclamations if:
"...at any time it appears to the Governor of Northern Ireland that any action has been taken or is immediately threatened by any persons or body of persons of such a nature and on so extensive a scale as to be calculated, by interfering with the supply and distribution of food, water, fuel, or light, or with the means of locomotion, to deprive the community in Northern Ireland, or any substantial portion of that community, of the essentials of life..."
Proclamations of emergency would be in force until the Governor themselves revoked it. The Governor, by Order in the Privy Council of Northern Ireland
, would also issue regulations to secure the 'essentials of life to the community' and give powers to the relevant Minister of the government of Northern Ireland
to also secure essentials, as defined above.
Regulations had to be laid before Parliament as soon as they were issued and could not be used to 'make it an offence for any person or persons to take part in a strike, or peacefully to persuade any other person or persons to take part in a strike' or take away trials. The maximum punishment for breaking a regulation would be prison 'with or without hard labour, for a term of three months, or a fine of one hundred pounds, or both such imprisonment and fine, together with the forfeiture of any goods or money in respect of which the offence has been committed'. Regulations could also be revised or added to.
On 19 May 1974 Merlyn Rees, the then Secretary of State for Northern Ireland
, signed a proclamation of a State of Emergency in the region under this Act (and its 1964 amendment), following the outbreak of the Ulster Workers' Council strike which eventually led to the collapse of the Sunningdale Agreement
.
This Act was amended by the Emergency Powers (Amendment) Act (Northern Ireland) 1964 and is no longer on the statute book following the passing of the Civil Contingencies Act 2004
.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of Northern Ireland
Parliament of Northern Ireland
The Parliament of Northern Ireland was the home rule legislature of Northern Ireland, created under the Government of Ireland Act 1920, which sat from 7 June 1921 to 30 March 1972, when it was suspended...
that was passed for the purpose of making provision for the protection of the community in Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
in cases of emergency.
The Act gave the Governor of Northern Ireland
Governor of Northern Ireland
The Governor of Northern Ireland was the principal officer and representative in Northern Ireland of the British monarch. The office was established on 9 December 1922 and abolished on 18 July 1973.-Overview:...
the authority to declare a state of emergency and issue proclamations if:
"...at any time it appears to the Governor of Northern Ireland that any action has been taken or is immediately threatened by any persons or body of persons of such a nature and on so extensive a scale as to be calculated, by interfering with the supply and distribution of food, water, fuel, or light, or with the means of locomotion, to deprive the community in Northern Ireland, or any substantial portion of that community, of the essentials of life..."
Proclamations of emergency would be in force until the Governor themselves revoked it. The Governor, by Order in the Privy Council of Northern Ireland
Privy Council of Northern Ireland
The Privy Council of Northern Ireland was a formal body of advisors to the sovereign and was a vehicle for the monarch's prerogative powers in Northern Ireland. It was modelled on the Privy Council of the United Kingdom....
, would also issue regulations to secure the 'essentials of life to the community' and give powers to the relevant Minister of the government of Northern Ireland
Parliament of Northern Ireland
The Parliament of Northern Ireland was the home rule legislature of Northern Ireland, created under the Government of Ireland Act 1920, which sat from 7 June 1921 to 30 March 1972, when it was suspended...
to also secure essentials, as defined above.
Regulations had to be laid before Parliament as soon as they were issued and could not be used to 'make it an offence for any person or persons to take part in a strike, or peacefully to persuade any other person or persons to take part in a strike' or take away trials. The maximum punishment for breaking a regulation would be prison 'with or without hard labour, for a term of three months, or a fine of one hundred pounds, or both such imprisonment and fine, together with the forfeiture of any goods or money in respect of which the offence has been committed'. Regulations could also be revised or added to.
On 19 May 1974 Merlyn Rees, the then Secretary of State for Northern Ireland
Secretary of State for Northern Ireland
The Secretary of State for Northern Ireland, informally the Northern Ireland Secretary, is the principal secretary of state in the government of the United Kingdom with responsibilities for Northern Ireland. The Secretary of State is a Minister of the Crown who is accountable to the Parliament of...
, signed a proclamation of a State of Emergency in the region under this Act (and its 1964 amendment), following the outbreak of the Ulster Workers' Council strike which eventually led to the collapse of the Sunningdale Agreement
Sunningdale Agreement
The Sunningdale Agreement was an attempt to establish a power-sharing Northern Ireland Executive and a cross-border Council of Ireland. The Agreement was signed at the Civil Service College in Sunningdale Park located in Sunningdale, Berkshire, on 9 December 1973.Unionist opposition, violence and...
.
This Act was amended by the Emergency Powers (Amendment) Act (Northern Ireland) 1964 and is no longer on the statute book following the passing of the Civil Contingencies Act 2004
Civil Contingencies Act 2004
The Civil Contingencies Act 2004 is an Act of the Parliament of the United Kingdom that establishes a coherent framework for emergency planning and response ranging from local to national level...
.