S.I. No. 76/1937 - Merchant Shipping (Spanish Civil War) Order, 1937.


STATUTORY RULES AND ORDERS. 1937. No. 76.

MERCHANT SHIPPING (SPANISH CIVIL WAR) ORDER, 1937.

WHEREAS by virtue of the Merchant Shipping (Spanish Civil War) Act, 1937 (Commencement) Order, 1937 (Statutory Rules and Orders No. 51 of 1937), the Merchant Shipping (Spanish Civil War) Act, 1937 (No. 9 of 1937), came into operation on the 20th day of March, 1937:

AND WHEREAS it is enacted by sub-section (1) of section 4 of the said Act that in order to fulfil the international obligations of the Government of Saorstát Éireann as one of the Governments represented on the International Committee for the Application of the Agreement regarding Non-Intervention in Spain and consisting of representatives of the respective Governments of Saorstát Éireann and several other countries, the Minister for Industry and Commerce may from time to time by order take all such steps and do all such things as shall appear to him to be necessary or proper to be done by the Government of Saorstát Éireann in respect of merchant shipping for the purpose of giving practical effect to the resolutions in relation to the observation of the frontiers of Spain from time to time passed by the said International Committee, and for that purpose and without prejudice to the generality of the foregoing provision the said Minister may by order do all or any of the following things, that is to say:—

(a) regulate, restrict, and control the movements of ships registered under the Merchant Shipping Acts, 1894 to 1933, whose ports of registry are situate in Saorstát Éireann in waters adjacent to Spain or proceeding to or coming from a port in Spain;

(b) require such ships to embark, carry, and disembark officers of any board set up by the said International Committee for the purpose of carrying out the observations of the Spanish frontiers and to give such officers all requisite facilities;

(c) require such ships to display specified flags in specified circumstances;

(d) confer on officers of ships of war of specified countries powers of stopping and boarding ships registered under the Merchant Shipping Acts, 1894 to 1933. whose ports of registry .are situate in Saorstát Éireann, examining the papers of such ships, and interrogating the officers, crew, and passengers (if any) of such ships;

(e) provide for any matter or thing ancillary or incidental to any provision inserted in such order under any of the foregoing paragraphs:

AND WHEREAS by sub-section (2) of the said section 4 it is enacted that an order made under the said section may declare an infringement of the provisions or any particular provision thereof to be an offence punishable by law:

NOW, therefore, the Minister for Industry and Commerce, in exercise of the powers conferred on him by section 4 of the Merchant Shipping ( Spanish Civil War) Act, 1937 (No. 9 of 1937), and of every and any other power him in this behalf enabling, hereby orders as follows, that is to say:—

1 Short title.

1. This Order may be cited as the Merchant Shipping (Spanish Civil War) Order, 1937.

2 Interpretation.

2. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas.

3 Commencement.

3. This Order shall come into operation on Tuesday, the 20th day of April, 1937.

4 Definitions.

4. In this Order—

the expression "the International Committee" means the Committee known as the International Committee for the Application of the Agreement regarding Non-Intervention in Spain and consisting of representatives of the respective Governments of Saorstát Éireann and several other countries;

the expression "the Board" means the International Board for Non-Intervention in Spain established by the International Committee to administer a scheme of observation of Spanish frontiers;

the expressions "chief administrator", "administrator", "deputy administrator" and "observing officer" mean officers of the Board known by those titles respectively;

the word "Spain" includes all Spanish possessions and territories (other than the Canary Islands) and the Spanish Zone of Morocco;

the expression "Spanish waters" means the waters within ten sea-miles of the coast of Spain;

the expression "Saorstát Éireann merchant ship" means a ship registered under the Merchant Shipping Acts, 1894 to 1933, whose port of registry is situate in Saorstát Éireann;

the expression "the Spanish civil war" means the civil war which is being waged in Spain at the commencement of this Order.

5 Obligation to embark observing officers.

5. (1) Before entering Spanish waters, the master of every Saorstát Éireann merchant ship proceeding to Spain shall, subject to the provisions of this Order, embark at the appropriate port either—

(a) two or more observing officers, or

(b) at the discretion of the administrator or deputy administrator in charge of the appropriate port in the case of a small ship, a ship carrying cargo in bulk or a ship in ballast, one observing officer.

(2) Where a Saorstát Éireann merchant ship proceeding to Spain calls at the appropriate port for the purpose of embarking observing officers and upon so calling it is ascertained that no such officers are available, the master of such ship may obtain from the administrator or deputy administrator in charge of such port a certificate (in this Order referred to as an exemption certificate) certifying that no observing officers were available at such port and upon such certificate being issued to such master such ship may proceed to Spain without having embarked any observing officer.

(3) In this Article the expression "the appropriate port" used in relation to a Saorstát Éireann merchant ship proceeding to Spain—

(a) in case such ship is passing in either direction through the Straits of Gibraltar, means Gibraltar, and

(b) in case such ship is not passing in either direction through the Straits of Gibraltar means—

(i) if such ship is passing through the English Channel from a port lying to the north and east of Dover—Dover or The Downs,

(ii) if such ship is proceeding from a port in the English Channel south of Dover except where such port is Brest or lies between Cherbourg and Brest—Cherbourg,

(iii) if such ship is proceeding from Saorstát Éireann, Northern Ireland, the Irish Sea, Bristol Channel, Brest, or a port between Cherbourg and Brest—Brest,

(iv) if such ship is proceeding from a French Atlantic or Biscayan port south of Brest—Le Verdon,

(v) if such ship is proceeding westward through the Mediterranean Sea or from a port therein east of longitude 12° east and provided that none of the next three paragraphs of this sub-article apply to such ship—Palermo or Marseilles,

(vi) if such ship is proceeding from a North African port west of longitude 12° east—Oran,

(vii) if such ship is proceeding from Marseilles or a port on the French or Italian coast between Marseilles and longitude 12° east or from Corsica or Sardinia—Marseilles,

(viii) if such ship is proceeding from a French Mediterranean port west of Marseilles—Cette,

(ix) if such ship is proceeding from the west of longitude 15° west or is proceeding in the Atlantic from the southward of latitude 28° north—Madeira, Gibraltar or Lisbon,

(x) if such ship is proceeding from a port on the Atlantic seaboard of Morocco—Gibraltar or Lisbon, and

(xi) if such ship is proceeding from a Portuguese port—Lisbon, and

(c) in any special case as specified by the administrator in charge of any of the following ports, that is to say, The Downs, Dover, Cherbourg, Lisbon, Gibraltar, Marseilles, Palermo, Madeira, or in any case of a special class as so specified, means such port as the administrator in question shall, having regard as far as possible to commercial convenience, direct.

6 Exception where observing officers are continuously on board.

6. Where any Saorstát Éireann merchant ship is engaged in regular trade with Spain, the owner of such ship may arrange with the Board for observing officers to be stationed continuously on such ship in lieu of embarking such officers during each voyage to Spain, but any additional expenditure involved by such arrangement shall be defrayed by such owner.

7 Disembarkation of observing officers.

7. The master of any Saorstát Éireann merchant ship on which observing officers have been embarked under this Order shall disembark such officers after such ship has finally quitted Spanish waters at such port as shall be directed by the administrator or deputy administrator in charge of the port of such officers' embarkation, provided that such disembarkation does not entail a diversion from such ship's intended route after finally quitting Spanish waters involving more than fifty sea-miles additional steaming.

8 Facilities to be given to observing officers.

8. (1) The master of every Saorstát Éireann merchant ship on which observing officers have been embarked under this Order shall afford such officers all requisite facilities for enabling them to satisfy themselves—

(a) whether any implements of war or war material mentioned in the Schedule to this Order are unloaded in Spain from such ship,

(b) whether any persons (not being Spanish citizens) who intend to take service in the Spanish civil war are disembarked in Spain from such ship, and

(c) whether, on leaving any Spanish port, any passenger or member of the crew of such ship who landed at such port has not returned.

(2) The facilities to be afforded under this article by the master of a Saorstát Éireann merchant ship to observing officers embarked thereon shall include—

(a) the right at any convenient time during the voyage to obtain all necessary information from such master as to any cargo carried on such ship consigned to a Spanish port and to inspect the papers relating to such cargo,

(b) the right at any convenient time during the voyage to obtain all necessary information from such master and, in his presence or in that of an officer nominated by him in that behalf, to interrogate any passengers, officers and crew proceeding to Spain and to examine the passports of such passengers and the identity papers of such officers and crew,

(c) the right to be present at the unloading of any goods or disembarkation of any persons in a Spanish port, to require such master to have opened for inspection any package which is being unloaded in a Spanish port and which such observing officers have reasonable grounds for suspecting contains any of the implements of war or war material mentioned in the Schedule to this Order, and to require such master to cause any necessary unpacking, repacking and sealing to be done in connection with such inspection.

9 Telephone and telegram services for observing officers.

9. Observing officers when engaged on duty on a Saorstát Éireann merchant ship shall be granted the same priority for telephone and telegraph services as are granted to the service messages of the master of such ship.

10 Accommodation for observing officers.

10. (1) The owner of every Saorstát Éireann merchant ship proceeding to Spain shall provide proper accommodation for any observing officers embarked under this Order on such ship.

(2) In this Article the expression "proper accommodation" means accommodation equivalent to either—

(a) the accommodation provided on the relevant ship for officers of the rank of mate, or

(b) in the case of a ship having accommodation for more than twelve passengers, the accommodation provided for first-class passengers, or where there is no accommodation classed as first class, the highest class of accommodation provided for passengers.

11 Subsistence for observing officers.

11. The owner of every Saorstát Éireann merchant ship proceeding to Spain shall provide subsistence for any observing officers embarked under this Order on such ship and such subsistence shall, where first class passengers are carried on such ship, be similar to that provided for such passengers or, in any other case, similar to that provided for the master of such ship.

12 Liability as regards life and property in relation to observing officers.

12. Observing officers carried on Saorstát Eireann merchant ships under this Order shall be so carried on the same conditions with regard to liability for life and property as if they were passengers on such ship.

13 Prevention of landing of war materials and volunteers.

13. The owner and master of every Saorstát Eireann merchant ship proceeding to Spain shall each take all such steps as are within their respective powers to prevent the landing in a Spanish port from such ship of any implements of war or war materials mentioned in the Schedule to this Order or of any persons (not being Spanish citizens) who intend to take service in the Spanish civil war.

14 Obligation to fly special pennant.

14. The master of every Saorstát Eireann merchant ship proceeding to Spain and either on which observing officers have been embarked under this Order, or in respect of which an exemption certificate has been issued, shall fly the special pennant for the time being specified by the Board to be then flown and the said pennant shall not be flown by the master of any Saorstát Eireann merchant ship except as aforesaid.

15 Compensation for delay not to be claimed except in certain circumstances.

15. No claim for compensation in respect of delay or diversion of any Saorstát Eireann merchant ship occasioned by embarking or disembarking observing officers at any port shall be made against the Board unless, in the case of a call at one of the ports mentioned in Article 5 of this Order for the purpose of embarking an observing officer or officers, either—

(a) the administrator or deputy administrator in charge of such port fails to embark such officer or officers at the earliest possible moment and not, in any case, later than four hours after such ship's arrival at such port has been reported to such administrator or deputy administrator, or

(b) where such administrator or deputy administrator is unable to embark such officer or officers within four hours after such ship's arrival at such port has been reported to him, such administrator or deputy administrator fails to issue to the master of such ship an exemption certificate.

16 Rights to be exercised by naval officers of certain countries.

16. (1) The officer in command of any vessel of the naval forces of the United Kingdom of Great Britain and Northern Ireland, France, Germany or Italy shall have the right, at any place within Spanish waters and within the zone of naval observation of Spain for the time being assigned by the International Committee to the particular country to which such vessel belongs, to do all or any of the following things in respect of any Saorstát Eireann merchant ship which such officer suspects is proceeding to Spain, that is to say:—

(a) to verify the identity of such ship and for that purpose to order such ship to stop, to board it, to examine its certificates of registry and clearance documents, and to ascertain whether there are observing officers on board,

(b) to ascertain whether such ship has called at one of the ports mentioned in Article 5 of this Order and has there embarked one or more observing officers, or whether an exemption certificate has been issued in respect of such ship,

(c) to require the master of such ship, if it is ascertained that such ship is proceeding to Spain, to approach his destination in Spain by a particular route or through a particular area.

(2) The master of every Saorstát Eireann merchant ship proceeding to Spain shall afford the necessary facilities to officers in command of vessels of the naval forces of the United Kingdom of Great Britain and Northern Ireland, France, Germany and Italy to enable such officers to exercise the rights conferred on them by this Article.

17 Offences.

17. Any act which is an infringement of any provision contained in any Article of this Order shall be an offence punishable by law.

18 Certain evidence to be taken on commission.

18. Where the evidence of any person who is an administrator, deputy administrator, observing officer or officer commanding a vessel of the naval forces of Great Britain and Northern Ireland, France, Germany or Italy is required for the purposes of any prosecution in respect of the infringement of any provision in any Article of this Order, such evidence may be taken on commission in the country where such person for the time being resides and as so taken shall be admissible for the purposes of such prosecution in any court in Saorstát Eireann.

SCHEDULE.

Implements of War and War Material.

Category I.

1. Rifles and carbines and their barrels.

2. Machine guns, automatic rifles and machine pistols of all calibres and their barrels.

3. Guns, howitzers and mortars of all calibres, their mountings, barrels and recoil mechanisms.

4. Ammunition for the arms enumerated under 1 and 2 above; filled and unfilled projectiles for the arms enumerated under 3 above, and prepared propellant charges for these arms.

5. Grenades, bombs, torpedoes and mines, filled or unfilled, and apparatus for their use or discharge.

6. Tanks, armoured vehicles and armoured trains. Armour plate of all kinds.

Category II.

Vessels of war of all kinds, including aircraft carriers and submarines.

Category III.

1. Aircraft, assembled or dismantled, both heavier and lighter than air, and their propellers or airscrews, fuselages, aerial gun-mounts and frames, hulls, tail units and undercarriage units.

2. Aircraft-engines.

Category IV.

Revolvers and automatic pistols of a weight in excess of 1lb. 6ozs. (630 grammes) and ammunition therefor.

Category V.

1. Flame-throwers and all other projectors used for chemical or incendiary warfare.

2. Mustard gas, Lewisite, ethyldichlorarsine, methyldichlorarsine, and all other products destined for chemical or incendiary warfare.

3. Powder for war purposes, and explosives.

Given under my Seal of Office, this 17th day of April, 1937.

(Signed),

SEÁN F. LEMASS,

Minister for Industry and Commerce.

NOTES:

1. Payment for subsistence of observing officers carried on Saorstát Eireann merchant ships under the foregoing Order will be made by the Board at a standard rate or rates to be approved by the International Committee.

2. A certain measure of relief from port and pilotage charges incurred by Saorstát Eireann merchant ships calling at ports solely for the purpose of embarking or disembarking observing officers under the foregoing Order will be obtainable from the Board. Administrators and deputy administrators will, however, arrange where possible for observing officers to be embarked and disembarked under circumstances that will not necessitate such ships incurring pilotage or port charges.

3. The foregoing Order does not apply in respect of the Canary Islands, but an order will shortly be made applying a system of observation in respect of those islands.