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for Justice declared that G.R. Lawless was, in his opinion, engaged in
activities prejudicial to the security of the State and he ordered his
arrest and detention under section 40 of the 1940 Act.

From the "Glass House", G.R. Lawless was transferred on
17th July 1957 to a camp known as the "Curragh Internment Camp", which
forms part of the Curragh Military Camp and Barracks in County
Kildare, and together with some 120 other persons, was detained there
without charge or trial until 11th December 1957 when he was released.

21. On 16th August 1957 G.R. Lawless was informed that he would be
released provided he gave an undertaking in writing "to respect the
Constitution and laws of Ireland" and not to "be a member of or assist
any organisation which is an unlawful organisation under the Offences
against the State Act, 1939." G.R. Lawless declined to give this
undertaking.

22. On 8th September 1957 G.R. Lawless exercised the right,
conferred upon him by section 8 of the 1940 Act, to apply to have the
continuation of his detention considered by the Detention Commission
set up under the same section of that Act. He appeared before that
Commission on 17th September 1957 and was represented by counsel and
solicitors. The Detention Commission, sitting for the first time,
adopted certain rules of procedure and adjourned until 20th September.

23. On 18th September 1957, however, G.R. Lawless' counsel also made
an application to the Irish High Court, under Article 40 of the Irish
Constitution, for a Conditional Order of habeas corpus ad
subjiciendum. The object of the application was that the Court should
order the Commandant of the detention camp to bring G.R. Lawless
before the Court in order that it might examine and decide upon the
validity of detention. A Conditional Order of habeas corpus would
have the effect of requiring the Commandant to "show cause" to the
High Court why he should not comply with that Order.

The Conditional Order was granted on the same date and was served on
the Commandant giving him a period of four days to "show cause". It
was also served upon the Detention Commission. The Detention
Commission sat on 20th September 1957, and decided to adjourn the
hearing sine die pending the outcome of the habeas corpus application.

24. G.R. Lawless then applied, by a motion to the High Court, to have
the Conditional Order made "absolute", notwithstanding the fact that
the Commandant of the Detention Camp had in the meantime "shown cause"
opposing this application. The Commandant had, in this connection,
relied upon the order for the Applicant's detention which had been
made by the Minister for Justice.

The High Court sat from 8th to 11th October 1957 and heard full legal
submissions by counsel for both parties. On 11th October it gave
judgment allowing the "cause shown" by the camp Commandant to justify
detention. The habeas corpus application was therefore dismissed.

25. On 14th October 1957 G.R. Lawless appealed to the Supreme Court,
invoking not only the Constitution and laws of Ireland but also the
European Convention of Human Rights. On 6th November the Supreme Court
dismissed G.R. Lawless' appeal. It gave its reasoned judgment on
3rd December 1957.

The main grounds of the Supreme Court's judgment were as follows:

(a) The 1940 Act, when in draft form as a Bill, had been referred to
the Supreme Court for decision as to whether it was repugnant to the
Irish Constitution. The Supreme Court had decided that it was not
repugnant and Article 34 (3) 3 of the Constitution declared that no
court had competence to question the constitutional validity of a law
which had been approved as a Bill by the Supreme Court.

(b) The Oireachtas (i.e. the Parliament) which was the sole
legislative authority had not introduced legislation to make the
Convention of Human Rights part of the municipal law of Ireland. The
Supreme Court could not, therefore, give effect to the Convention if
it should appear to grant rights other than, or supplementary to,
those provided under Irish municipal law.

(c) The appellant's period of detention under section 30 of the
1939 Act was due to expire at 7.45 p.m. on 13th July 1957. At that
time he was already being detained under another warrant issued by the
Minister for Justice and his detention without release was quite
properly continued under the second warrant.

(d) The appellant had not established a prima facie case in regard to
his allegation that he had not been told the reason for his arrest
under the Minister's warrant. An invalidity in the arrest, even if
established, would not, however, have rendered his subsequent
detention unlawful whatever rights it might otherwise have given the
appellant under Irish law.

(e) The Court had already decided, when considering the 1940 Act as a
Bill, that it had no power to question the opinion of a Minister who
issued a warrant for detention under section 4 of that Act.

(f) The appellant in the habeas corpus proceedings before the High
Court had challenged the legality of the constitution of the Detention
Commission. Even if it was shown that the Commission's rulings on
various procedural matters were wrong, that would not make the
appellant's detention unlawful nor would it provide a basis for an
application for habeas corpus. Section 8 of the 1940 Act showed that
the Commission was not a court and an application before it was not a
form of proceedings but no more than an enquiry of an administrative
character.
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