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The Northern Ireland Act 1972 – retrospective effect – rapid passage through Parliament – control of delegated legislation

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Indemnity Acts cover unlawful acts of the authorities in times of civil commotion.   A modern example is the Northern Ireland Act 1972.  The Act passed through Parliament on the night of 23/24 February in seven hours and eleven minutes.

 

The Act rendered – retrospectively -  lawful the Civil Authorities (Special Powers) Acts 1922-42, which had conferred upon the British Forces in Northern Ireland the power to disperse assemblies, to search houses, vehicles, vessels and other premises, to stop vehicles on suspicion of being used for purposes prejudicial to peace and order, to arrest people on suspicion, etc.   

 

The 1972 Act was needed because of a decision of the Northern Irish High Court, earlier on the same day, February 23.  The High Court ruled that regulations conferring powers on the British armed forces were ultra vires the Government of Northern Ireland Act 1920

 

The 1920 Act – an imperial Act - gave authority to make “laws for the peace, order, and good government of … Northern Ireland” but provided that it should not have “power to make laws in respect of … The navy, the army, the air force, the territorial army, or any other naval, military or air force, or the defence of the realm, or any other naval military, or air force matter …

 

The record of the bill’s passage in a single day is to be found in
204 Lords Journals 159; 227 Commons Journals 171–172.
The House of Lords Standing Orders (Public Business) (1994) no 84,
enables bills to be proceeded with immediately for reasons of national security.
 

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