Prisoners of War and Enemy Aliens Act, 1956

Internment.

2.—(1) The following persons shall be interned :

(a) prisoners of war whose internment is directed under subsection (2) of this section, and

(b) enemy aliens whose internment is directed under subsection (3), (4) or (5) of this section.

(2) The Minister or any other Minister of State may direct in writing the internment of all prisoners of war, of prisoners of war of a particular nationality or otherwise of a particular class or of any particular prisoner of war.

(3) Where the Minister or any other Minister of State is satisfied that the internment of all enemy aliens, of enemy aliens of a particular nationality or otherwise of a particular class or of anyparticular enemy alien is absolutely necessary for the security of the State, he may direct in writing such internment.

(4) Where the Minister or any other Minister of State is satisfied that, having regard to the second paragraph contained in Article 42 of the Civilians Convention, the internment of any particular enemy alien is required, he shall direct in writing such internment.

(5) Where the Minister or any other Minister of State is satisfied that, as respects any child of an interned enemy alien left at liberty without parental care, a request in accordance with Article 82 of the Civilians Convention for internment of such child has been made, he shall direct in writing such internment.

(6) A direction under this section, other than a direction in respect of a particular person, may be subject to such exemptions as the Minister giving the direction thinks fit.

(7) A member of the Garda Síochána or of the Defence Forces may arrest without warrant any person whom he has reasonable grounds for believing to be a person directed to be interned (including an interned person who has escaped).

(8) Internment shall be governed by regulations which are hereby authorised to be made—

(a) in relation to prisoners of war, by the Minister, and

(b) in relation to enemy aliens, by the Minister or the Minister for Justice.

(9) Regulations under this section may contain all such provisions as appear to the Minister or the Minister for Justice (as the case may be) to be necessary or expedient in relation to internment and, in particular, may do all or any of the following :

(a) make provision for the establishment of internment camps and for the administration, control and security thereof,

(b) make provision for the maintenance of discipline among interned persons in internment camps (including provision with respect to breaches of discipline, punishments for such breaches and hearing of alleged such breaches),

(c) make provision with respect to any of the matters referred to in the following portions of the Prisoners of War Convention:

(i) Chapters I, II, III, V, VI, VII and VIII of Section II of Part III (relating to internment),

(ii) Section III of Part III (relating to labour),

(iii) Section IV of Part III (relating to financial resources),

(iv) Section V of Part III (relating to relations with the exterior),

(v) Section VI of Part III (relating to relations with the Authorities),

(vi) Part IV (relating to termination of captivity),

or in any agreement made pursuant to those portions,

(d) make provision with respect to any of the matters referred to in Section IV of Part III of the Civilians Convention (relating to treatment of interned enemy aliens) or any agreement made pursuant to that Section.

(10) Where a sentence involving confinement is being passed on an interned person in respect of a breach of discipline, the duration of any detention undergone by him while awaiting trial or sentence shall be deducted from the sentence.