Part 12, The State Proceedings Act, 2000

(3) Without prejudice to the proviso to subsection (1), any rules of court made for the purposes of this section shall be such as to secure that the existence of a document is not disclosed, if in the opinion of the Attorney-General, it would be injurious to the public interest to disclose the existence thereof. 25. (1) Nothing in this Act shall authorise proceedings *in rem* in respect of any claim against the Government, or the arrest, detention or sale of any ship, aircraft, cargo or other property belonging to the Government, or give to any person any lien on any such ship, aircraft, cargo or other property belonging to the Government, or give to any person any lien on any ship, aircraft, cargo or other property. [Margin: Exclusion of proceedings *in rem* against Government.] (2) Where proceedings *in rem* have been instituted against any such ship, aircraft, cargo or other property as is referred to in subsection (1), the court may, if satisfied, either on an application by the plaintiff for an order under this subsection or an application by the Government to set aside the proceedings, that the proceedings were so instituted by the plaintiff in the reasonable belief that the ship, aircraft, cargo or other property did not belong to the Government, order that the proceedings shall be treated as if they were *in personam* duly instituted against the Government in accordance with this Act, or duly instituted against any other person whom the court regards as the proper person to be sued in the circumstances, and that the proceedings shall continue accordingly. (3) Any order made in accordance with subsection (2) may be made upon such terms, if any, as the court thinks just; and where the court makes any such order it may make such consequential orders as the court thinks expedient. 26. This Act shall not prejudice the right of the Government to take advantage of the provisions of an enactment although not named therein; and it is hereby declared that in any civil proceedings against the Government the provisions of any enactment which could, if the proceedings were between private persons, be relied upon by the defendant as a defence to the proceedings, whether in whole or in part, or otherwise, may, subject to any express provision to the contrary, be so relied upon by the Government including a statute of limitations. [Margin: Application to Government of certain enactments.] No. 14 State Proceedings Act 2000 15