O'BRIEN. APPEAL UPHELD.

Shannon News, 11 May 1923, Page 4

O'BRIEN. APPEAL UPHELD.

NO JURISDICTION OVER IRISH SUBJECT. FAR.REAOHING DECISION. (Received Thursday., 7 p.m.) LONDON, May 9. Mr Art O’Brien’s appeal tor a writ of habeas corpus has been granted. The Appeal Court held that the internment order was bad. In delivering judgment, Mr Justice Bankes expressed the opinion that since tli e establishment of the Irish Free State, the Homo Secretary could not properly make an order for the internment ol’ a person in the Free State. The order deprived the Executive of England of right to direct the release of an interned person, while an interned person was deprived of the particular form of control provided by the regulations. No order could be which would comply with the regulations. It would seem from the Home Secretary’s answers in Parliament that ho was under the impression that he had not lost control of the internees, but, according t,o O’Brien’s affidavit, ho was now under tli c control of an official of the Free State. Therefore the question could not be properly dis. posed of unless th e rule nisi was made absolute. This would give the Homo Secretary die opportunity of making the position clear. The Judge added: “it would not be out of place to ob. serve that the practice of legislating by Order.in.Council is one which has led to difficulties and dangers, of which the present case is an illustration.”

'Mr. Justice Scrutton and Mr Justice Atkin concurred. i he Attorney-General said the decision, Avhich Avas a re\’ersal of that given in the Divisional Court, raised questions of grav e import. It avus therefore the intention of those instructing him to carry the appeal to the House of Lords

■Mr Justice Bankes said the Court had anticipated that that Avould be done. An application would be made to the Lords to expedite the hearing.

A recent message stated that a curious position had arisen in connection with the recent Irish deportations from Britain. It is said that should the Court's decision in the O’Brien ease be against the Home Secretary, the Government would have no, alternalive except to ask Parliament to pass an Act to indemnify and absolve the Home Secretary from the penalties which might attach to his act in con. nection with tlic recent deportations.