Offences Against the State Act 1939
Provisions consequent upon the making of a suppression order.
22.—Immediately upon the making of a suppression order, the following provisions shall have effect in respect of the organisation to which such order relates, that is to say:—
(a) F10[all the property (including money and all other property, real or personal, heritable or moveable, including choses in action and other intangible or incorporeal property, including funds as defined in section 12 of the Criminal Justice (Terrorist Offences) Act 2005 of such organisation] shall become and be forfeited to and vested in the Minister for Justice;
(b) the said Minister shall take possession of all lands and premises which become forfeited to him under this section and the said Minister may cause all such things to be done by members of the Gárda Síochána as appear to him to be necessary or expedient for the purpose of such taking possession;
(c) subject to the subsequent provisions of this section, it shall be lawful for the said Minister to sell or let, on such terms as he shall, with the sanction of the Minister for Finance, think proper, any lands or premises which become forfeited to him under this section or to use any such lands or premises for such government purposes as he shall, with the sanction aforesaid, think proper;
(d) the Minister for Justice shall take possession of, recover, and get in all personal property which becomes forfeited to him under this section and may take such legal proceedings and other steps as shall appear to him to be necessary or expedient for that purpose;
(e) subject to the subsequent provisions of this section, it shall be lawful for the said Minister to sell or otherwise realise, in such manner and upon such terms as he shall, with the sanction of the Minister for Finance, think proper, all personal property which becomes forfeited to him under this section;
(f) the Minister for Justice shall pay into or dispose of for the benefit of the Exchequer, in accordance with the directions of the Minister for Finance, all money which becomes forfeited to him under this section and the net proceeds of every sale, letting, realisation, or other disposal of any other property which becomes so forfeited;
(g) no property which becomes forfeited to the Minister for Justice under this section shall be sold, let, realised, or otherwise disposed of by him until the happening of whichever of the following events is applicable, that is to say:—
(i) if no application is made under this Act for a declaration of legality in respect of the said organisation within the time limited by this Act for the making of such application, the expiration of the time so limited,
(ii) if any such application is so made, the final determination of such application.
Annotations
Amendments:
F10
Substituted (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 50, commenced on enactment.
Modifications (not altering text):
C10
Functions transferred and references to Minister for and Department of Finance construed as Minister for and Department of Public Expenditure and Reform (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), art. 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.
3. The functions conferred on the Minister for Finance by or under the provisions of
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
...
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
...
Schedule 1
Enactments
...
Part 2
1922 to 2011 Enactments
|
Number and Year |
Short Title |
Provision |
|
(1) |
(2) |
(3) |
|
... |
... |
... |
|
No. 13 of 1939 |
Offences against the State Act 1939 |
Section 22 |
|
... |
... |
... |
The history of the Minister for Finance under this section can be traced as follows:
• Functions transferred and references to Minister for Finance construed as Public Expenditure and Reform (29.07.2011) by by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), in effect as per art. 1(2);
• Title of Minister for Public Expenditure and Reform changed to Public Expenditure, National Development Plan Delivery and Reform (1.02.2023) by Public Expenditure and Reform (Alteration of Name of Department and Title of Minister) Order 2023 (S.I. No. 19 of 2023), in effect as per art. 1(2);
• Title of Minister for Public Expenditure, National Development Plan Delivery and Reform changed to Public Expenditure, Infrastructure, Public Service Reform and Digitalisation (5.06.2025) by Public Expenditure, National Development Plan Delivery and Reform (Alteration of Name of Department and Title of Minister) Order 2025 (S.I. No. 243 of 2025), in effect as per art. 1(2).
C11
References to “property of unlawful organisation“ construed (19.02.1985) by Offences Against the State (Amendment) Act 1985 (3/1985), s. 8, commenced on enactment.
Meaning of “property of unlawful organisation” in this Act and sections 22 and 23 of Principal Act.
8.—(1) For the removal of doubt, it is hereby declared that section 22 of the Principal Act applies and always applied to property of an unlawful organisation acquired by it at any time while a suppression order under section 19 of that Act in respect of it is or was in force as well as to the property of the organisation immediately upon the making of the suppression order.
(2) Moneys held by any person for the use or benefit of, or for use for the purposes of, an unlawful organisation in respect of which a suppression order under section 19 of the Principal Act, is in force shall be deemed, for the purposes of this Act and sections 22 and 23 of the Principal Act, to be the property of the organisation, and this Act and those sections shall apply and have effect accordingly.