No. 249/1939:

OFFENCES AGAINST THE STATE ACT, 1939 (PART VI) (DETENTION) REGULATIONS, 1939.

OFFENCES AGAINST THE STATE ACT, 1939 (PART VI) (DETENTION) REGULATIONS, 1939.

OFFENCES AGAINST THE STATE ACT, 1939 .

REGULATIONS

(MADE UNDER SECTION 58 OF THE ACT).

I, OSCAR TRAYNOR, Minister for Defence, a Minister of State, in exercise of the powers conferred on me by Section 58 of the Offences Against the State Act, 1939 (No. 13 of 1939) do hereby order and make the following regulations, that is to say :—

1. These Regulations may be cited as the Offences Against the State Act, 1939 (Part VI) (Detention) Regulations, 1939.

2. In these Regulations—

(i) the expression " the Act " means the Offences Against the State Act, 1939 (No. 13 of 1939) ;

(ii) the expression " the Adjutant General " means the Adjutant General of the Defence Forces ;

(iii) the expression " the Commandant " means the Officer of the Defence Forces appointed by the Adjutant General to command and administer any of the places set out in Appendix I hereto, and includes any officer for the time being authorised to act on behalf of the Commandant.

(iv) the word " internee " means any person arrested and detained pursuant to Part VI of the Act, and the word " internment " shall be construed accordingly ;

(v) the expression " prohibited article " means any article not authorised by these Regulations or by permission of the Commandant to be in the possession of an internee.

3. The prisons, camps and other places in which internees may be detained are those set out in Appendix I to these Regulations and are hereinafter referred to as " camps." Provided, however that subsequent to arrest an internee, awaiting removal to a camp, in transfer from one camp to another camp, or pending, during or awaiting the result of an appeal under section 59 of the act, may be temporarily detained in any Gárda Síochána Station, military camp, barracks or post.

4. An infirmary or proper place for the reception of sick prisoners shall be provided.

5. The Commandant shall be assisted by a Medical Officer and such other staff as shall be provided.

6.—(1) Every internee shall be searched on admission and at such times subsequently as may be directed.

(2) The searching of an internee shall be conducted in a manner consistent with the necessity of discovering any concealed articles.

(3) Normally no internee shall be searched in the presence of another internee.

7. The name, home address, religious denomination, age, height, weight, features, particular marks, general appearance, and such other measurements and particulars as may be required in regard to an internee shall, upon his admission, and from time to time, be recorded in such manner as may be directed. The name and address of the next-of-kin shall also be recorded.

8. Every internee shall, as soon as possible after his admission be separately examined by the Medical Officer, who shall record the state of health of the internee, and such other particulars as may be directed.

9. Every internee shall take a bath on reception unless it is otherwise directed in any particular case by the Commandant.

10. If an internee is found to have any cutaneous disease or to be infested with vermin, means shall be taken to eradicate and destroy effectually such disease or vermin.

11. The diet of well-conducted internees shall be as laid down from time to time in Regulations for soldiers of the Forces or otherwise as authorised by the Minister for Defence.

12. All money brought into camp by an internee or sent to camp for his use as well as any other property he is not allowed to retain shall be placed in the custody of the Commandant who shall keep an account and inventory of same.

13.—(1) Subject as in sub-paragraphs (2) and (3) below internees shall be allowed to receive from outside the camp and to retain on their entry into camp, supplies of the following articles :—

(a) Clothing, subject to any recommendation of the Medical Officer under paragraph 55 (4) below and subsequent action thereon ;

(b) books and newspapers, the possession or distribution of which is not for the time being contrary to law ;

(c) stationery.

(2) Where considerations of space and order require it the Commandant may restrict the amount of the foregoing articles at any one time in the possession of an internee.

(3) All the foregoing articles shall prior to retention by or handing over to an internee be thoroughly examined by a member of the camp staff and any article used as a means of secret communication or the vehicle of a prohibited article may be confiscated as well as the article in question.

(4) The possession by internees of spirituous liquors, wine, ale or beer is forbidden.

14. Internees shall be allowed to wear their own clothing, and supplies of necessary clothing by friends shall be permitted.

15. On discharge, the property of an internee shall, save as otherwise provided in these Regulations, be returned to him.

16. Every internee shall be supplied with bedding as may be directed.

17.—(1) An internee shall be required to keep himself clean and decent in his person and to conform to such orders as may be issued for that purpose.

(2) Every internee shall obey such orders as regards washing, bathing and hair-cutting, as may from time to time be issued with a view to the maintenance of health and cleanliness.

(3) Each internee shall keep his cell, utensils and other articles issued for his use, and his clothing and bedding clean and neatly arranged.

18. The Officer Commanding the Command in which the camp is situated shall place at the disposal of the Commandant such personnel as may be required for the defence of the camp and the prevention of escape of the internees.

19. An internee may be employed in the service of the camp, but shall not be employed in the discipline thereof, or in the service of any officer or servant thereof.

20. An aged internee in weak health, or any internee suffering from physical or mental infirmity may be treated in such manner as the Commandant on the advice of the Medical Officer may direct.

21. Internees shall, when practicable, be permitted to associate and to take exercise daily from 09.00 hours to sundown ; but exercise may be terminated before sundown at the discretion of the Commandant.

22. No Chaplain shall officiate in any camp until he has obtained written authority for that purpose from his Bishop, nor for any longer time than while such written authority continues in force.

23. Facilities for attending religious services and prayers shall be provided.

24. The Chaplain shall conform to the Rules and Regulations of the camp and shall not interfere with the working of them as regards the safe custody, discipline and labour of the internees, but shall support the Commandant in the maintenance thereof.

25. In addition to any visits under paragraph 26 (3) an internee may, on application, receive one visit per month from relatives.

Not more than three persons together shall be allowed to visit an internee.

26.—(1) The Commandant may demand the name and address of any visitor to an internee, and when he has grounds for suspicion may search, or cause to be searched, visitors, the search not normally to be in the presence of an internee or any other visitor ; and in the case of any visitor refusing to be searched, the Commandant shall deny him or her admission. The Commandant shall enter in his journal the grounds of any such proceeding with the particulars thereof.

(2) If there are reasonable grounds for suspecting that any person who comes to the camp for the purpose of seeing an internee brings in or takes out any articles for an improper purpose or contrary to the camp orders or that his conduct may tend to subvert the discipline or good order necessary to be maintained in the camp, the Commandant may suspend his visit and remove him from the camp, duly recording the fact in his journal.

(3) An internee who desires legal assistance shall apply in writing stating the particular legal business in which assistance is required and naming the legal practitioner whom he desires to interview. Such application will be considered by the Adjutant General. and if granted by him will in every case be subject to the condition that the legal practitioner will sign an undertaking on his professional honour that the interview with the internee will be concerned solely with the legal business in respect of which the internee made application.

The provisions of this sub-paragraph shall be brought to the notice of all internees.

27.—(1) Internees shall be allowed to write two letters per week but there shall be no limitation on the number of letters received.

Additional letters may be written at the discretion of the Commandant.

(2) Where internees have sufficient money to their credit, stamps will be affixed to their letters ; otherwise letters will be allowed to go unstamped.

(3) Every letter to and from an internee shall be read by the Commandant, or an officer on his behalf, and if the contents are considered objectionable, it shall not be forwarded, or the objectionable part shall be erased according to the discretion of the Commandant.

28. Internees may with the permission of the Commandant engage in a hobby or handicraft or may be instructed in such educational subjects as may be approved, i.e.. Irish Language, Irish History and Geography, etc.

The number of hours to be devoted to such subjects shall be arranged by the Commandant but will not exceed four hours daily.

Instruction shall be by classes which shall be held in the presence of a member of the staff of the Camp.

29. No punishment or privation of any kind shall be awarded to an internee by any officer of the camp except the Commandant, or in his absence, the officer appointed to act for him.

30. An internee shall be guilty of an offence against camp discipline if he :—

1. Disobeys any order of the Commandant or of any other member of the staff, or any camp order.

2. Treats with disrespect any officer, soldier or member of the staff, or any visitor or any person employed in connection with the camp.

3. Behaves irreverently at Divine Service or prayers.

4. Swears, curses, or uses any abusive, insolent, threatening or improper language.

5. Is indecent in language, act or gesture.

6. Commits an assault upon another internee.

7. Sings or whistles in a noisy manner, or makes any unnecessary noise or gives any unnecessary trouble.

8. Leaves his cell, hut, room, or other appointed location, or his place of work without permission.

9. In any way disfigures or damages any part of the camp, or any article to which he may have access.

10. Commits any nuisance.

11. Has in his possession any prohibited article.

12. In any other way offends against good order or discipline.

13. Escapes from camp, or connives at the escape of any other internee.

14. Attempts to do any of the foregoing things.

31. The Commandant may examine any person touching any alleged offence against camp discipline and determine thereupon and punish the offence.

32. The Commandant may order an internee to be punished by :—

(a) Close confinement for a period not exceeding three days.

(b) Restricted diet for ill-conducted internees under the conditions and according to the scales of punishment diet laid down in the Rules for Military Detention Barracks.

(c) Deprivation of mattress for a period not exceeding three days.

(d) Deprivation of all or any of the facilities accorded to an internee under paragraphs 13 (1), 21, 25, 27 or 28 of these Regulations.

33. An internee shall have an opportunity of hearing the charges and evidence against him and of making his defence prior to being punished.

34. The Commandant shall enter in the punishment book a statement of the nature of any offences punished by him, with the addition of the name of the offender, the date of the offence, and the punishment inflicted.

35. An internee may be put in irons or under mechanical restraint by the Commandant in case of necessity or for purposes of restraint, and particulars of every case shall be entered by the Commandant in his journal.

COMMANDANT.

36. The Commandant may out of moneys in his custody belonging to an internee, or forwarded on his behalf, purchase at the request of the internee, clothes, books, fruit, food, stationery, tobacco, cigarettes and such materials as may be approved by the Commandant.

The amount so expended shall be debited to the account of the internee.

37. Where materials are purchased on behalf of an internee in accordance with the preceding paragraph the articles made by him shall become his property.

38.—(1) The Commandant will conform to these Regulations and will be responsible for their due observance by others.

Duty of Commandant to keep records.

(2) The Commandant shall keep a camp journal, a camp register, a punishment book, a property book and such other books and records as may be required or from time to time directed.

Duty of Commandant for safe custody of books, etc.

(3) He shall be responsible for the safe custody of all books and registers he is required to keep and of all documents and property committed to his care.

39. The Commandant or an officer deputed by him shall visit and inspect daily the wards, huts, rooms, cells and yards ; also the bake-house, kitchen and workshops, and every cell or other place in which any internee is undergoing punishment or special discipline, or charged with any offence.

40.—(1) Unless otherwise ordered the Commandant shall be responsible for the defences of the camp.

(2) The Commandant shall take every precaution to prevent the escape of internees, and he may for this purpose use such force as may be necessary. He shall take care that all ranks are well instructed as to their duties and responsibilities in this respect and vigilant in fulfilling them.

41. The Commandant shall ensure that all doors and gates are locked at the proper times and that all keys of the camp are kept in their authorised places, or in the possession of the authorised officers and he shall ensure that no camp key is taken outside the camp precincts.

42.—(1) The Commandant shall without delay call the attention of the Medical Officer to any internee whose state of mind or body appears to require attention, and shall as far as possible carry into effect the written recommendations of the Medical Officer for the alteration of the discipline or treatment of any such internee.

(2) The Commandant shall cause to be furnished to the Medical Officer daily a list of internees reporting sick in the camp.

43. The Commandant shall daily cause to be furnished to the Medical Officer a list of internees under punishment.

44. The Commandant shall visit the Infirmary daily and see all internees therein, and shall take care that proper arrangements are made for the safe custody of the sick internees, and that discipline is maintained so far as is consistent with the medical treatment prescribed for them.

45. The Commandant shall, without delay, report to higher authority any case of insanity or apparent insanity occurring among internees or any case in which the Medical Officer is of opinion the life of any internee will be endangered by further internment or that any sick internee is totally and permanently unfit for camp discipline, or has reason to believe that the mental state of any internee is becoming impaired or enfeebled by continued internment.

46. The Commandant shall notify to the Chaplain and Medical Officer the case of any internee whose life is in danger, or whose state of health in mind or body appears to require their attention.

47. Upon the death of an internee the Commandant shall notify the Coroner, the Gárda Síochána, and where practicable the next-of-kin of the deceased.

48. The Commandant shall remove from the camp any visitors to the camp or to an internee whose conduct is improper, recording the same in his journal.

49.—(1) The Commandant shall as far as practicable carry into effect the written recommendation of the Medical Officer for the alteration of the discipline or treatment of any internee, or for the supply of any additional articles to any internee on medical grounds.

(2) The Commandant shall carry into effect the written recommendation of the Medical Officer for separating from the other internees any internee labouring or suspected of labouring under any infectious, contagious or mental disease, and shall immediately take steps as may be necessary to prevent the spread of any contagious or infectious disease.

50. In any case in which the sickness of any internee has, in the opinion of the Medical Officer, assumed an aspect of danger, the Commandant shall whenever practicable inform the relatives of the internee thereof.

51. The Commandant shall pay attention to the ventilation, drainage and sanitary condition of the camp, and take such measures as may be necessary for their being maintained.

52. The Commandant shall take care that proper precautions against fire are adopted, and that the fire appliances for the extinction of fire are at all times kept in good order and ready for use. He shall take care that instructions are given as to the steps to be taken in case of fire, and that all ranks concerned are acquainted with their duties on such occasions. He will ensure that the internees are instructed in the procedure in case of fire or air raid occurring.

53.—(1) The Commandant shall take care that every internee having an individual complaint to make or request to prefer to him shall have facilities for doing so. For the presentation of complaints or requests other than individual the internees shall elect or appoint a " Captain " to represent them and he shall be given the like facilities.

(2) On a request or complaint being made in accordance with the preceding sub-paragraph the Commandant shall redress any grievance which he considers legitimate or take such steps as may seem necessary, recording the same in his journal.

54. The Commandant shall publish Orders relating to the routine, administration and interior economy of the camp and such orders in so far as they affect the internees shall be published on a notice board or otherwise made available for the perusal of internees.

MEDICAL OFFICER.

55.—(1) The Medical Officer shall every day see such internees as complain of illness, reporting to the Commandant in writing their fitness or otherwise. He shall daily visit the sick in the infirmary at such times as may be necessary. He shall attend at once on receiving information of the serious illness of any internee.

(2) The Medical Officer shall once every day or oftener, visit every internee under punishment or under special discipline or any other internees to whom his attention is specially directed.

(3) The Medical Officer shall frequently examine the washing places, baths, and other provision for purposes of cleanliness or sanitation, and see whether they are in efficient working order and report at once to the Commandant any defect or insufficiency therein.

(4) Where necessary the Medical Officer shall recommend the disinfection or destruction of clothing of internees.

56. The Medical Officer shall frequently inspect the food of the internees, cooked and uncooked and shall report to the Commandant as to the quality of the provisions, and also as to the sufficiency of clothing, bedding, any deficiency in the quantity or defect in the quality of the water or any other cause which may affect the health of the internees.

57.—(1) The Medical Officer shall record day by day an account of the state of every sick internee, the name of his disease, a description of the medicines and diet, and any other treatment which he orders for such internee.

(2) The Medical Officer shall also record such matters connected with his duties as may be directed.

58. (1) When the Medical Officer has any reason to suspect that the mental state of any internee is becoming impaired or enfeebled by continued internment he shall take the internee under his special observation ; and should there be good reason to believe that either from the conduct of the internee, or from his manner or habits, there are signs of incipient insanity, he shall report the circumstances to the Commandant for the information of the Minister, stating in cases of doubt, whether he desires any special or additional advice.

(2) Whenever the Medical Officer has reason to believe that an internee's health is likely to be injuriously affected by the discipline or treatment he shall report the case in writing to the Commandant, together with such recommendations as he thinks proper, and he shall call the attention of the Chaplain to any internee who appears to require his special notice.

(3) The Medical Officer shall give notice to the Commandant and the Chaplain when the sickness of any internee appears to him to assume an aspect of danger.

(4) The Medical Officer shall report in writing to the Commandment the case of any internee to which he thinks it necessary on medical grounds to call attention, and shall make such recommendations as he deems needful for the alteration of the discipline or treatment of the internee, or for the supply to him of additional articles.

(5) Whenever the Medical Officer is of opinion that the life of any internee will be endangered by his continuance in camp, or that any sick internee is totally and permanently unfit for camp discipline, he shall state the opinion, and the grounds thereof, in writing to the Commandant who shall duly forward the same to higher authority.

59. The Medical Officer shall forthwith on the death of any internee enter in his journal the following particulars, viz. :—at what time the deceased was taken ill ; when the illness was first communicated to the Medical Officer ; the nature of the disease ; when the internee died and an account of the appearance after death (in cases where a post mortem examination is made), together with any special remarks that appear to him to be required.

60. The Medical Officer shall have the general care of the health of the internees and shall report to the Commandant any circumstance connected with the camp or the treatment of the internees which. at any time appears to him to require consideration on medical grounds.

61.—(1) The Medical Officer shall keep a journal, medical history sheet, in the case of every internee, a medical case sheet in the case of every sick internee and such other documents and records as may be required or as may from time to time be directed.

Duties as to statistical records.

(2) The Medical Officer shall keep such statistical records and furnish such returns as may be directed relative to the health and medical treatment of internees and to the sanitary condition of the camp.

(3) The Medical Officer shall report periodically and from time to time as may be directed on the general health and sanitary condition of the establishment, the health of the internees, and in reference to any other points upon which he may be directed to report.

RULES FOR INFIRMARIES DETAILED UNDER APPENDIX I.

62. Subject as hereinafter mentioned the Rules for camps detailed under Appendix I apply to the infirmaries detailed under Appendix I.

63. Subject as in this paragraph hereinafter set out the command and administration of infirmaries shall remain the duty of the Officer Commanding Hospital, who shall exercise all the powers and duties conferred or imposed on the Commandant and Medical Officer by these Regulations.

Provided, however, that the powers and duties conferred or imposed by these Regulations on a Commandant of a camp in respect of the following matters, that is to say, visits, letters, safe custody, the keeping of non-medical records, the maintenance of discipline and the punishment of offences against camp discipline shall in respect of such infirmaries be conferred or imposed on such commissioned officer of the staff of the Provost Marshal as may be appointed for that purpose by the Adjutant General.

APPENDIX I.

1. Arbour Hill Detention Barracks, Dublin, and the Infirmary for same situate at St. Bricin's Hospital, Dublin.

2. The Military Detention Barracks, Curragh Camp, Co. Kildare and the Infirmary for same situate at the Curragh Camp Military Hospital, Co. Kildare.

3. Mountjoy Prison, Dublin.

Given under my Official Seal this 15th day of September, 1939.

OSCAR TRAYNOR,

Aire Cosanta.