IRISH DEPORTATIONS.
HABEAS CORPUS SUIT.
APPEAL COURT GRANTS WRIT.
IMPROPER INTERNMENT.
By Telegraph—Press Association—Copyright A- and N.Z. LONDON. May 9. Hie appeal for a writ of habeas comas by Art O'Brien, ono of the leaders' of the Irish Self-Determination League, who was arrested in London and deported to Ireland in March, was granted. The Appeal Court held that the internment order was bad. and in delivering judgment. Mr. -Justice Bankes expressed the opinion that since the establishment of the Irish Free State the Home Secretary could not properly make an oider for the internment of a person in the Free State. The order deprived the Executive of England of the right to direct tho release of an interned person, while an interned person was deprived of tho particular form of control provided by the regulations. No order could be made for interment in the Free State which would comply with the regulations.
It would seem, from the Home Secretary's answers in Parliament, that he was under tho impression that he had not lost control of the internees, but according to Mr. O'Brien's affidavit ho was now under the control of an official of the Free State, therefore the question could not be . properly disposed of unless the rule nisi were made absolute. This would give the Homo Secretary an opportunity of making the position clear.
Mr. Justice Bankes added that it would not be out of place to observe that the practice of legislating by Order-in-Council was one which led to difficulties and dangers, of which the present case was an illustration.
Mr. Justice Smitten and Mr. Justice Atwin concurred.
The Attorney-General said that the decision, which was a reversal of that given by the Divisional Court, raised questions of grave import. It was herefore the intention of those instructing him to carry the appeal to the House of Lords.
Mr. Justice Bankes said that the Court anticipated that would be done, and application would be made to the House of Lords to expedite the hearing.
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Bibliographic details
New Zealand Herald, Volume LX, Issue 18396, 11 May 1923, Page 7
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336IRISH DEPORTATIONS. New Zealand Herald, Volume LX, Issue 18396, 11 May 1923, Page 7
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