S.I. No. 291/1939 - Aliens Order, 1939.

STATUTORY RULES AND ORDERS. 1939. No. 291.

ALIENS ORDER, 1939.

WHEREAS by virtue of section 5 of the Aliens Act, 1935 (No. 14 of 1935), the Minister for Justice is empowered, if and whenever he things proper, to make provision by order (in the said Act referred to as an aliens order) for divers matters and things relating to aliens :

AND WHEREAS the said section was amended in certain respects by Article 4 of the Emergency Powers Order, 1939 (Statutory Rules and Orders, No. 224 of 1939) :

AND WHEREAS the Aliens Order, 1935 (Statutory Rules and Orders, No. 108 of 1935), was made by the Minister for Justice under the powers conferred on him by the said section :

AND WHEREAS it is enacted by subsection (7) of the said section that the Minister for Justice may at any time, by order revoke or amend an aliens order previously made :

NOW, the Minister for Justice, in exercise of the powers conferred on him by section 5 of the Aliens Act, 1935 (No. 14 of 1935), as amended by Article 4 of the Emergency Powers Order, 1939 (Statutory Rules and Orders, No. 224 of 1939), and of every and any other power him in this behalf enabling, hereby orders as follows :—

1. (1) This Order may be cited as the Aliens Order, 1939.

(2) The Aliens Orders, 1935 to 1938, and this Order may be cited together as the Aliens Orders, 1935 to 1939.

2. (1) The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

(2) In this Order the expression " the Principal Order " means the Aliens Order, 1935 (Statutory Rules and Orders, No. 108 of 1935).

(3) Every word and expression to which a particular meaning is given by the Principal Order for the purposes of that Ordershall, in and for the purposes of this Order, have the meaning so given.

3. Article 10 of the Principal Order is hereby amended as follows :—

(a) by the deletion of the words " An alien " at the beginning of paragraph (1) thereof and the substitution in lieu of the words so deleted of the words " Every alien not being under the age of sixteen years ";

(b) by the deletion of the words " as soon as may be " in subparagraph (a) of paragraph (1) thereof and the substitution in lieu of the words so deleted of the word " forthwith ";

(c) by the deletion of the words " two months " in sub-paragraph (d) of paragraph (1) thereof and the substitution in lieu of the words so deleted of the words " one month ";

(d) by the deletion of clause (iii) of subparagraph (e) of paragraph (1) thereof, and

(e) by the deletion of paragraph (5) thereof.

4. (1) It shall be the duty of the keeper of every premises to which this Article applies to keep in such premises a register in the form set out in the First Schedule to this Order of all persons staying at such premises.

(2) The keeper of every premises to which this Article applies shall, on the arrival of any person at such premises, ascertain and enter or cause to be entered in the register kept under this Article the particulars indicated in columns 1, 2, 3, 4 and 5 of such register ; and, on the departure of any person from such premises, shall ascertain and enter or cause to be entered in such register the particulars indicated in columns 6 and 7 thereof.

(3) The keeper of every premises to which this Article applies shall furnish—

(a) on every day next following a day on which persons, who are not Irish citizens, arrive at such premises, a return in the form set out in the Second Schedule to this Order relating to such persons and containing the particulars indicated in the said form ;

(b) on every day next following a day on which persons, who are not Irish citizens, depart from such premises, a return in the form set out in the Third Schedule to this Order relating to such persons and containing the particulars indicated in the said form.

(4) Every return under this Article shall be furnished—

(a) where the premises to which it relates are situated in the Dublin Metropolitan Area, to the Superintendent, Gárda Síochána, Aliens Registration Office, Dublin Castle, and

(b) where the premises to which it relates are situated elsewhere, to the Gárda Síochána station for the sub-district in which such premises are situated.

(5) It shall be the duty of every person staying at any premises to which this Article applies to furnish to the keeper of such premises the particulars required under this Article and, in the case of particulars required to be entered in the register kept under this Article, to enter the said particulars in the said register if he is required so to do by the keeper of such premises.

(6) It shall be the duty of the keeper of every premises to which this Article applies to preserve every register kept by him under this Article for a period of two years after the date of the last entry therein.

(7) It shall be lawful for any member of the Gárda Síochána or any officer of the Minister duly authorised in that behalf by the Minister to enter any premises to which this Article applies at any reasonable time and there to inspect the register kept in such premises under this Article.

(8) It shall be the duty of the keeper of every premises to which this Article applies to produce the register kept in such premises under this Article when such register is required for inspection by a member of the Gárda Síochána or by an officer of the Minister duly authorised in that behalf by the Minister.

(9) This Article applies to any premises, whether furnished or unfurnished, which is an hotel or an inn or in which lodging or sleeping accommodation is provided for reward.

(10) Article 12 of the Principal Order is hereby revoked.

5. (1) Every alien shall produce on demand, unless he gives a satisfactory explanation of the circumstances which prevent him from so doing, either—

(a) in case he is registered under the Principal Order, his registration certificate, or

(b) in any other case, a passport furnished with a photograph and duly issued to him not more than five years previously or some other document satisfactorily establishing his nationality and identity.

(2) Where an alien fails to produce on demand such registration certificate, passport, or other document as is mentioned in the immediately preceding paragraph of this Article, such alien may (without prejudice to any proceedings which may be taken against him in respect of such failure) be detained pending the making of inquiries as to his nationality and identity and, while so detained, he shall be deemed to be in legal custody.

(3) In this Article the expression " on demand " means on demand made at any time by any immigration officer, member of the Gárda Síochána, or member of the Defence Forces.

6. The Minister may impose on any alien such restrictions (either in addition to or in substitution for any other restrictions imposed on such alien by or under the Principal Order or this Order) as to his movements, residence, reporting to the Gárda Síochána, registration, occupation, employment, using or possessing any machine, apparatus, arms and explosives, or other article, or as to any other matter or thing as the Minister may consider necessary in the interests of the public safety or the preservation of the State, and any alien on whom any such restriction is imposed shall comply with such restriction.

7. Neither Article 5 nor Article 6 of this Order shall apply to any alien to whom the Principal Order, by virtue of paragraph 4 of that Order or by virtue of the Aliens (Exemption) Order, 1935 (Statutory Rules and Orders, No. 80 or 1935), does not apply.

FIRST SCHEDULE.

(1)	(2)	(3)	(4)	(5)	(6)	(7)
Date of Arrival	Name	Place of Ordinary Residence	Place of Residence immediately before Arrival at the Premises	Nationality	Date of Departure	Address to which Proceeding

SECOND SCHEDULE

ALIENS ORDERS, 1935 to 1939.

Name of Premises............................................................ .....................

Address of Premises............................................................ ....................

............................................................ ...............

RETURN OF PERSONS WHO ARRIVED IN HE ABOVE-NAMED PREMISES ON THE............DAY OF....................................19......

Name	Place of Ordinary Residence	Place of Residence immediately Before Arrival at the Premises	Nationality

Signed............................................................ ......

Keeper of the above-named Premises.

THIRD SCHEDULE.

ALIENS ORDER, 1935 TO 1939.

Name of Premises............................................................ .....................

Address of Premises............................................................ ...........

............................................................ ...............

RETURN OF PERSONS WHO DEPARTED FROM THE ABOVE-NAMED PREMISES ON THE............DAY OF...................................., 19......

Name	Address to which Proceeding

Signed............................................................ ......

Keeper of the above-named Premises.

Given under my Seal of Office this 21st day of October, 1939.

(Signed) G. BOLAND,

Minister for Justice.