Offences Against the State Act, 1939

Commission for inquiring into detentions.

59.—(1) As soon as conveniently may be after this Part of this Act comes into force, the Government shall set up a Commission (in this section referred to as the Commission) to perform the functions imposed upon the Commission by this section.

(2) The following provisions shall apply and have effect in relation to the Commission, that is to say:—

(a) the members of the Commission shall be appointed and be removable by the Government;

(b) the Commission shall consist of three persons of whom one shall be a barrister or solicitor of not less than seven years standing or be or have been a judge of the Supreme Court, the High Court, or the Circuit Court or a justice of the District Court;

(c) there may be paid out of moneys provided by the Oireachtas to any member of the Commission who is not in receipt of remuneration out of public funds such (if any) fees or remuneration as the Minister for Finance shall determine.

(3) Any person who is detained under this Part of this Act may apply in writing to the Government to have his said detention considered by the Commission, and upon such application being so made the following provisions shall have effect, that is to say:—

(a) the Government shall forthwith refer the matter of such person's detention to the Commission;

(b) the Commission shall inquire into the grounds of such person's detention and shall, with all convenient speed, report thereon to the Government;

(c) the Minister for Justice shall furnish to the Commission such information and documents (relevant to the subject-matter of such inquiry) in the possession or procurement of the Government or of any Minister of State as shall be called for by the Commission;

(d) if the Commission reports that no reasonable grounds exist for the detention of such person, such person shall within one week either be released or be charged according to law with an offence.