seamus dubhghaill

Promoting Irish Culture and History from Little Rock, Arkansas, USA


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Introduction of the Special Powers Act 1922

The Civil Authorities (Special Powers) Act (Northern Ireland) 1922, often referred to simply as the Special Powers Act, is an Act introduced by the Parliament of Northern Ireland on April 7, 1922, shortly after the establishment of Northern Ireland, and in the context of violent conflict over the issue of the partition of Ireland. Its sweeping powers make it highly controversial, and it is seen by much of the Irish nationalist community as a tool of Ulster unionist oppression. The Act is eventually repealed by the Northern Ireland (Emergency Provisions) Act 1973, following the abolition of Northern Ireland’s parliament and the imposition of direct rule by the British government.

At the start of the twentieth century, the people of Ireland are divided into two mutually hostile factions. The much larger group (nationalists) are mostly Roman Catholic, identified primarily as Irish, and want some form of Irish home rule or independence from Britain. The smaller group (unionists), concentrated primarily in the province of Ulster, are mostly Protestant, identified primarily as British and are committed to remaining within the United Kingdom. In the years before World War I, both groups establish armed militias intended to enforce their aims and protect their communities from the other side’s militias. The British government resolves to partition Ireland in an effort to alleviate unionists and nationalists, with the six most Protestant counties of Ulster forming Northern Ireland while the rest of Ireland achieves self-rule. This is accepted by most unionists as the best deal they are likely to get, but bitterly disappoints many nationalists, especially those who live in the six counties which become Northern Ireland. Many nationalists on both sides of the border feel that their country has been unjustly divided, and for many decades the Irish government claims that Northern Ireland is rightfully its territory.

Partition is formally established with the Government of Ireland Act 1920. This also establishes the Parliament of Northern Ireland, which comes into being the following year. Partition is followed by high levels of inter-communal violence, especially in Belfast. The Irish Republican Army (IRA), although it spends most of these years fighting in the Irish Civil War, aims to use armed force to end partition and compel the United Kingdom to withdraw sovereignty from Northern Ireland.

The Special Powers Act is presented as being necessary to re-establish peace and law and order in Northern Ireland, and enable the government to “take all such steps and issue all such orders as may be necessary for preserving the peace and maintaining order,” although it is specified that the ordinary course of law should be interfered with as little as possible. The Minister of Home Affairs is empowered to make any regulation felt necessary to preserve law and order in Northern Ireland. Anyone who breaks these regulations can be sentenced to up to a year in prison with hard labour, and in the case of some crimes, whipping. A special summary jurisdiction is enabled to hear cases involving such crimes. The Minister of Home Affairs is also permitted to forbid the holding of inquests if he feels this is required to preserve order and peace.

The Schedule to the Act specifies actions which the government can take in order to preserve peace, although the body of the Act enables the government to take any steps at all which it thinks necessary. Actions specified in the Schedule include the closing of licensed premises, the banning in any area of meetings and parades in public places, the closing of roads, the taking of any land or property, and the destruction of any building. The Schedule also forbids the spreading by word of mouth or text any “reports or…statements intended or likely to cause disaffection to subjects of His Majesty.”

Because it is presented as emergency legislation, the Special Powers Act is initially current for only one year and has to be renewed annually. In 1928, however, it is renewed for five years and when this period expires in 1933 the Act is made permanent. According to John Whyte, this happens because, from 1925, nationalist MPs begin sitting in the Stormont parliament which they had initially boycotted. Unsurprisingly, they object strenuously to the renewal of the Act, and it is felt by the Ulster Unionist Party Minister of Home Affairs that it would be better to make the Act permanent than for Parliament annually to “wrangle” over it.

Initially, regulations under the Act are used mostly to curb immediate violence and disorder. One of the most controversial of these is internment without trial, outlined in Paragraph 23 of the Schedule. In the period from May 1922 to December 1924, 700 republicans are interned under the Act.

Political violence declines dramatically by 1925, and the government gradually shifts its emphasis from broad measures designed to return civil order to the province to more preventative regulations aimed at suppressing the threat posed by republican aspirations. Regulations banning meetings and parades and restrictions on the flying of the Irish tricolour become more common. Between 1922 and 1950, the government bans nearly 100 parades and meetings, the vast majority of which are nationalist or republican. No loyalist gathering is ever directly banned under the Act, although a few are caught in blanket bans against parades or meetings in a particular area. From 1922 until 1972, 140 publications are banned, the vast majority of which express republican viewpoints.

After the troubles of the early 1920s has died down, the provision for internment is not used until the IRA’s border campaign of the 1950s, in which several hundred republicans are interned. Following the outbreak of the Troubles in 1968, many within the Protestant community call for the reintroduction of internment. This occurs in 1971 and authorises internment of those suspected to be involved in terrorism. Although there are loyalist as well as republican terrorists at this time, of the 1,981 men interned, only 107 are loyalists.

Internment ends in 1975, but is credited with increasing support and sympathy for the Provisional Irish Republican Army amongst the Catholic community and outside of Northern Ireland. It helps to create political tensions which culminate in the 1981 Irish Hunger Strike and the death of MP Bobby Sands. Imprisonment under anti-terrorism laws specific to Northern Ireland continue until the 1998 Good Friday Agreement, but these laws require the right to a fair trial be respected.

The Act encounters further controversy in the 1970s due to the deployment of the British Army in Northern Ireland and its role in maintaining order and similar policing-style duties. In 1972, the government is forced to amend the Act in order to legalise the detention of internees arrested by soldiers. Martin Meehan had been arrested after escaping from Crumlin Road Gaol and charged with escaping from lawful custody. At his trial he successfully argues that under the Special Powers Act a soldier has no power of arrest and, as such, he has the legal right to escape. He is awarded £800 in compensation for being illegally detained for twenty-three days.


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Operation Demetrius

long-kesh-internment-campOperation Demetrius, a British Army operation in Northern Ireland begins on August 9, 1971, during the Troubles. The operation involves the mass arrest and internment (imprisonment without trial) of 342 people suspected of being involved with the Irish Republican Army (IRA), which is waging a campaign for a united Ireland against the British state.

Operation Demetrius, proposed by the Government of Northern Ireland and approved by the Government of the United Kingdom, begins throughout Northern Ireland in the early morning hours of Monday, August 9 and progresses in two parts:

  1. Arrest and movement of the detainees to one of three regional holding centers: Girdwood Barracks in Belfast, Abercorn Barracks in Ballykinler, County Down, or HM Prison Magilligan near LimavadyCounty Londonderry.
  2. The process of identification and questioning, leading either to release of the detainee or movement into detention at HM Prison Crumlin Road or aboard HMS Maidstone, a prison ship in Belfast Harbour.

The operation sparks four days of violence in which 20 civilians, two IRA members and two British soldiers are killed. All of those arrested are Irish nationalists, the vast majority of them Catholic. Due to faulty intelligence, many have no links with the IRA. Ulster loyalist paramilitaries are also carrying out acts of violence, which are mainly directed against Catholics and Irish nationalists, but no loyalists are included in the sweep.

The introduction of internment, the way the arrests are carried out, and the abuse of those arrested, lead to mass protests and a sharp increase in violence. Amid the violence, about 7,000 people flee or are forced out of their homes. The interrogation techniques used on some of the internees are described by the European Commission of Human Rights in 1976 as torture, but the superior court, the European Court of Human Rights (ECHR), rules on appeal in 1978 that, although the techniques are “inhuman and degrading”, they do not, in this instance, constitute torture. It is later revealed that the British government had withheld information from the ECHR and that the policy had been authorized by British government ministers. In December 2014, in light of the new evidence, the Irish government asks the ECHR to revise its 1978 judgement. The ECHR declines the request in 2018.

The backlash against internment contributes to the decision of the British Government under Prime Minister Edward Heath to suspend the Northern Ireland Government and replace it with direct rule from Westminster, under the authority of a British Secretary of State for Northern Ireland. This takes place in 1972.

Following the suspension of the Northern Ireland Government and Parliament, internment is continued by the direct rule administration until December 5, 1975. During this time 1,981 people are interned, 1,874 are nationalist while 107 are loyalist. The first loyalist internees are detained in February 1973.

(Pictured: The entrance to Compound 19, one of the sections of Long Kesh internment camp)