Memorandum for Government by the Department of the Taoiseach
'National Emergency occasioned by War of 1939-1945: Termination'

On the 2nd September 1939, immediately after the outbreak of war in Europe, a Resolution in the following terms was passed by each of the Houses of the Oireachtas:-

‘That Dáil/Seanad Éireann hereby resolves, pursuant to sub-section 3o of section 3 of Article 28 of the Constitution, that, arising out of the armed conflict now taking place in Europe, a national emergency exists affecting the vital interests of the State’.

The effect of the passage of the Resolutions was to protect against invalidation any legislation expressed to be for the purpose of securing the public safety and the preservation of the State in time of War.

2. Since the Emergency Powers Acts, 1939 to 1945, were allowed to expire on the 2nd September 1946, no legislation has been in force which was entitled to protection against invalidation by the passage of the Resolutions. Under Article 28.3.3o of the Constitution, however, the national emergency continues until each of the Houses of the Oireachtas resolves that the emergency has ceased to exist.
3. Although actual hostilities in the War that broke out in 1939 came to an end in 1945, it has hitherto been considered that it would be unwise, owing to the unsettled world conditions that obtained for some years after 1945, to take the irrevocable step of formally declaring the emergency at an end.
4. In the altered conditions that have now prevailed for some time past, however, it is felt that the Government might wish to consider whether it would be appropriate to prolong further the period of the national emergency, and the Taoiseach accordingly desires to discuss with the other members of the Government the question whether the time has now arrived for taking the necessary steps with a view to the moving of a Motion for a Resolution in each of the Houses of the Oireachtas to the effect that the emergency has ceased to exist.
5. All Departments have been consulted in regard to the matter, and none of them has raised any objection to the taking of the necessary steps for the termination of the national emergency except the Department of External Affairs, whose views are set out in the accompanying copy of their minute of the 26th ultimo.¹