(4) 'Church property' in this section means all property accruing under
the Irish Church Act, 1869, and transferred to the Irish Land Commission
by the Irish Church Act Amendment Act, 1881.
[Sidenote: Public loans.]
=17.=--(1) All sums due for principal or interest to the Public Works Loan
Commissioners or to the Commissioners of Public Works in Ireland in
respect of existing loans advanced on any security in Ireland shall on and
after the appointed day be due to the Government of Ireland instead of the
said Commissioners, and such body of persons as the Government of Ireland
may appoint for the purpose shall have all the powers of the said
Commissioners or their secretary for enforcing payment of such sums, and
all securities for such sums given to such Commissioners or their
secretary shall have effect as if the said body were therein substituted
for those Commissioners or their secretary.
(2) For the repayment of the said loans to the Consolidated Fund of the
United Kingdom, the Irish Government shall pay annually into that Fund by
half-yearly payments _on the first day of January_ and _the first day of
July_, or on such other days as may be agreed on, such instalments of the
principal of the said loans as will discharge all the loans within _thirty
years_ from the appointed day, and shall also pay interest half-yearly on
so much of the said principal as from time to time remains unpaid at the
rate of _three_ per cent. per annum, and such instalments of principal and
interest shall be paid out of the moneys carried to the Customs and Excise
account under this Act, and if those are insufficient, out of the
Consolidated Fund of Ireland.
[Sidenote: Additional aid in case of war.]
=18.= If Her Majesty declares that a state of war exists and is pleased to
signify such declaration to the Irish Legislative Body by speech or
message, it shall be lawful for the Irish Legislature to appropriate a
further sum out of the Consolidated Fund of Ireland in aid of the army or
navy, or other measures which Her Majesty may take for the prosecution of
the war and defence of the realm, and to provide and raise money for that
purpose; and all moneys so provided and raised, whether by loan, taxation,
or otherwise, shall be paid into the Consolidated Fund of the United
Kingdom.
[Sidenote: Money bills and votes.]
=19.=--(1) It shall not be lawful for the Irish Legislative Body to adopt
or pass any vote, resolution, address, or Bill for the raising or
appropriation for any purpose of any part of the public revenue of
Ireland, or of any tax, duty, or impost, except in pursuance of a
recommendation from Her Majesty signified through the Lord-Lieutenant in
the session in which such vote, resolution, address, or Bill is proposed.
(2) Notwithstanding that the Irish Legislature is prohibited by this Act
from making laws relating to certain subjects, that Legislature may, with
the assent of Her Majesty in Council first obtained, appropriate any part
of the Irish public revenue, or any tax, duty, or impost imposed by such
Legislature, for the purpose of, or in connection with, such subjects.
[Sidenote: Exchequer Division and revenue actions.]
=20.=--(1) On and after the appointed day, the Exchequer Division of the
High Court of Justice shall continue to be a Court of Exchequer for
revenue purposes under this Act, and whenever any vacancy occurs in the
office of any judge of such Exchequer Division, his successor shall be
appointed by Her Majesty on the joint recommendation of the
Lord-Lieutenant of Ireland and the Lord High Chancellor of Great Britain.
(2) The judges of such Exchequer Division appointed after the passing of
this Act shall be removable only by Her Majesty on address from the two
Houses of the Imperial Parliament, and shall receive the same salaries and
pensions as those payable at the passing of this Act to the existing
judges of such division, unless with the assent of Her Majesty in Council
first obtained, the Irish Legislature alters such salaries or pensions,
and such salaries and pensions shall be paid out of the moneys carried to
the Customs and Excise account in pursuance of this Act, and if the same
are insufficient shall be paid out of the Irish Consolidated Fund, and if
not so paid shall be paid out of the Consolidated Fund of the United
Kingdom.
(3) An alteration of any rules relating to the procedure in such legal
proceedings as are mentioned in this section shall not be made except with
the approval of the Lord High Chancellor of Great Britain, and the
sittings of the Exchequer Division and the judges thereof shall be
regulated with the like approval.
(4) All legal proceedings instituted in Ireland by or against the
Commissioners or any officers of Customs or Excise, or the Treasury,
shall, if so required by any party in such proceedings, be heard and
determined before the judges of such Exchequer Division, or some or one of
them, and any appeal from the decision in any such legal proceeding, if by
a judge, shall lie to the said division, and if by the Exchequer Division,
shall lie to the House of Lords, and not to any other tribunal; and if it
is made to appear to such judges, or any of them, that any decree or
judgment in any such proceeding as aforesaid, has not been duly enforced
by the sheriff or other officer whose duty it is to enforce the same, such
judges or judge shall appoint some officer to enforce such judgment or
decree; and it shall be the duty of such officer to take proper steps to
enforce the same, and for that purpose such officer and all persons
employed by him shall be entitled to the same immunities, powers, and
privileges as are by law conferred on a sheriff and his officers.
(5) All sums recovered in respect of duties of Customs and Excise, or
under any Act relating thereto, or by an officer of Customs or Excise,
shall, notwithstanding anything in any other Act, be paid to the Treasury,
and carried to the Customs and Excise account under this Act.
_Police._
[Sidenote: Police.]
=21.=--The following regulations shall be made with respect to police in
Ireland:--
(_a_) The Dublin Metropolitan Police shall continue and be subject as
heretofore to the control of the Lord-Lieutenant as representing Her
Majesty for a period of _two years_ from the passing of this Act, and
thereafter until any alteration is made by Act of the Legislature of
Ireland, but such Act shall provide for the proper saving of all then
existing interests, whether as regards pay, pensions, superannuation
allowances, or otherwise.
(_b_) The Royal Irish Constabulary shall, while that force subsists,
continue and be subject as heretofore to the control of the
Lord-Lieutenant as representing Her Majesty.
(_c_) The Irish Legislature may provide for the establishment and
maintenance of a police force in counties and boroughs in Ireland
under the control of local authorities, and arrangements may be made
between the Treasury and the Irish Government for the establishment
and maintenance of police reserves.
PART II.
_Supplemental Provisions._
Powers of Her Majesty.
[Sidenote: Power over certain lands reserved to Her Majesty.]
=22.=--On and after the appointed day there shall be reserved to Her
Majesty--
(1) The power of erecting forts, magazines, arsenals, dockyards, and
other buildings for military or naval purposes;
(2) The power of taking waste land, and, on making due compensation,
any other land for the purpose of erecting such forts, magazines,
arsenals, dockyards, or other buildings as aforesaid, and for any
other military or naval purpose, or the defence of the realm.
Legislative Body.
[Sidenote: Veto by first order of Legislative Body, how overruled.]
=23.=--If a Bill or any provision of a Bill is lost by disagreement
between the two orders of the Legislative Body, and after a period ending
with a dissolution of the Legislative Body, or the period of _three
years_, whichever period is longest, such Bill, or a Bill containing the
said provision, is again considered by the Legislative Body, and such Bill
or provision is adopted by the second order and negatived by the first
order, the same shall be submitted to the whole Legislative Body, both
orders of which shall vote together on the Bill or provision, and the same
shall be adopted or rejected according to the decision of the majority of
the members so voting together.
[Sidenote: Cesser of power of Ireland to return members to Parliament.]
=24.=--On and after the appointed day Ireland shall cease, except in the
event hereafter in this Act mentioned, to return representative peers to
the House of Lords or members to the House of Commons, and the persons who
on the said day are such representative peers and members shall cease as
such to be members of the House of Lords and House of Commons
respectively.
Decision of Constitutional Questions.
[Sidenote: Constitutional questions to be submitted to Judicial
Committee.]
=25.= Questions arising as to the powers conferred on the Legislature of
Ireland under this Act shall be determined as follows:--
(_a_) If any such question arises on any Bill passed by the
Legislative Body, the Lord-Lieutenant may refer such question to Her
Majesty in Council;
(_b_) If, in the course of any action or other legal proceeding, such
question arises on any Act of the Irish Legislature, any party to such
action or other legal proceeding may, subject to the rules in this
section mentioned, appeal from a decision on such question to Her
Majesty in Council;
(_c_) If any such question arises otherwise than as aforesaid in any
Act of the Irish Legislature, the Lord-Lieutenant or one of Her
Majesty's principal Secretaries of State may refer such question to
Her Majesty in Council;
(_d_) A question referred or appeal brought under this section to Her
Majesty in Council shall be referred for the consideration of the
Judicial Committee of the Privy Council;
(_e_) The decision of Her Majesty in Council on any question referred
or appeal brought under this section shall be final, and a Bill which
may be so decided to be, or contain a provision, in excess of the
powers of the Irish Legislature shall not be assented to by the
Lord-Lieutenant; and a provision of any Act which is so decided to be
in excess of the powers of the Irish Legislature shall be void;
(_f_) There shall be added to the Judicial Committee when sitting for
the purpose of considering questions under this section, such members
of Her Majesty's Privy Council, being or having been Irish judges, as
to Her Majesty may seem meet;
(_g_) Her Majesty may, by Order in Council from time to time, make
rules as to the cases and mode in which and conditions under which, in
pursuance of this section, questions may be referred and appeals
brought to Her Majesty in Council, and as to the consideration thereof
by the Judicial Committee of the Privy Council, and any rules so made
shall be of the same force as if they were enacted in this Act;
(_h_) An appeal shall not lie to the House of Lords in respect of any
question in respect of which an appeal can be had to Her Majesty in
Council in pursuance of this section.
Lord-Lieutenant.
[Sidenote: Office of Lord-Lieutenant.]
=26.=--(1) Notwithstanding anything to the contrary contained in any Act
of Parliament, every subject of Her Majesty shall be eligible to hold and
enjoy the office of Lord-Lieutenant of Ireland, without reference to his
religious belief.
(2) The salary of the Lord-Lieutenant shall continue to be charged on the
Consolidated Fund of the United Kingdom, and the expenses of his household
and establishment shall continue to be defrayed out of moneys to be
provided by Parliament.
(3) All existing powers vested by Act of Parliament or otherwise in the
Chief Secretary for Ireland may, if no such officer is appointed, be
exercised by the Lord-Lieutenant until other provision is made by Act of
the Irish Legislature.
(4) The Legislature of Ireland shall not pass any Act relating to the
office or functions of the Lord-Lieutenant of Ireland.
Judges and Civil Servants.
[Sidenote: Judges to be removable only on address.]
=27.= A judge of the Supreme Court of Judicature or other Superior Court
of Ireland, or of any County Court or other Court with a like jurisdiction
in Ireland, appointed after the passing of this Act, shall not be removed
from his office except in pursuance of an address to Her Majesty from both
orders of the Legislative Body voting separately, nor shall his salary be
diminished or right to pension altered during his continuance in office.
[Sidenote: Provisions as to judges and other persons having salaries
charged on the Consolidated Fund.]
=28.=--(1) All persons who at the passing of this Act are judges of the
Supreme Court of Judicature or County Court judges, or hold any other
judicial position in Ireland shall, if they are removable at present on
address to Her Majesty of both Houses of Parliament, continue to be
removable only upon such address from both Houses of the Imperial
Parliament, and if removable in any other manner shall continue to be
removable in like manner as heretofore; and such persons, and also all
persons at the passing of this Act in the permanent Civil Service of the
Crown in Ireland whose salaries are charged on the Consolidated Fund of
the United Kingdom, shall continue to hold office and to be entitled to
the same salaries, pensions, and superannuation allowances as heretofore,
and to be liable to perform the same or analogous duties as heretofore;
and the salaries of such persons shall be paid out of the moneys carried
to the Customs and Excise account under this Act, or if these moneys are
insufficient, out of the Irish Consolidated Fund, and if the same are not
so paid shall continue charged on the Consolidated Fund of the United
Kingdom.
(2) If any of these said persons retires from office with the approbation
of Her Majesty before he has completed the period of service entitling him
to a pension, it shall be lawful for Her Majesty, if she thinks fit, to
grant to that person such pension, not exceeding the pension to which he
would have been entitled if he had completed the said period of service,
as to Her Majesty seems meet.
[Sidenote: As to persons holding Civil Service appointments.]
=29.=--(1) All persons not above provided for and at the passing of this
Act serving in Ireland in the permanent Civil Service of the Crown shall
continue to hold their offices and receive the same salaries, and to be
entitled to the same gratuities and superannuation allowances as
heretofore, and shall be liable to perform the same duties as heretofore
or duties of similar rank, but any of such persons shall be entitled at
the expiration of _two years_ after the passing of this Act to retire from
office, and at any time if required by the Irish Government shall retire
from office, and on any such retirement shall be entitled to receive such
payment as the Treasury may award to him in accordance with the provisions
contained in the Fourth Schedule to this Act.
(2) The amount of such payment shall be paid to him out of the moneys
carried to the Customs and Excise account under this Act, or, if those
moneys are insufficient, out of the Irish Consolidated Fund, and so far as
the same are not so paid shall be paid out of moneys provided by
Parliament.
[Sidenote: 34 & 35 Vict. c. 36.]
(3) The Pensions Commutation Act, 1871, shall apply to all persons who,
having retired from office, are entitled to any annual payment under this
section in like manner as if they had retired in consequence of the
abolition of their offices.
(4) This section shall not apply to persons who are retained in the
service of the Imperial Government.
[Sidenote: Provision for existing pensions and superannuation allowances.]
=30.= Where before the passing of this Act any pension or superannuation
allowance has been granted to any person on account of service as a judge
of the Supreme Court of Judicature of Ireland, or of any Court
consolidated into that Court, or as a County Court judge, or in any other
judicial position, or on account of service in the permanent Civil Service
of the Crown in Ireland otherwise than in some office, the holder of which
is, after the passing of this Act, retained in the service of the Imperial
Government, such pension or allowance, whether payable out of the
Consolidated Fund or out of moneys provided by Parliament, shall continue
to be paid to such person, and shall be so paid out of the moneys carried
to the Customs and Excise account under this Act, or, if such moneys are
insufficient, out of the Irish Consolidated Fund, and so far as the same
is not so paid, shall be paid as heretofore out of the Consolidated Fund
of the United Kingdom or moneys provided by Parliament.
_Transitory Provisions._
[Sidenote: Transitory provisions in Schedule.]
=31.= The provisions contained in the Fifth Schedule to this Act relating
to the mode in which arrangements are to be made for setting in motion the
Irish Legislative Body and Government, and for the transfer to the Irish
Government of the powers and duties to be transferred to them under this
Act, or for otherwise bringing this Act into operation, shall be of the
same effect as if they were enacted in the body of this Act.
_Miscellaneous._
[Sidenote: Post office and savings banks.]
=32.= Whenever an Act of the Legislature of Ireland has provided for
carrying on the postal and telegraphic service with respect to the
transmission of letters and telegrams in Ireland, and the post office and
other savings banks in Ireland, and for protecting the officers then in
such service, and the existing depositors in such post-office savings
banks, the Treasury shall make arrangements for the transfer of the said
service and banks, in accordance with the said Act, and shall give public
notice of the transfer, and shall pay all depositors in such post-office
savings bank who request payment within _six months_ after the date fixed
for such transfer, and after the expiration of such _six months_ the said
depositors shall cease to have any claim against the Postmaster-General or
the Consolidated Fund of the United Kingdom, but shall have the like claim
against the Consolidated Fund of Ireland, and the Treasury shall cause to
be transferred in accordance with the said Act the securities representing
the sums due to the said depositors in post-office savings banks, and the
securities held for other savings banks.
[Sidenote: Audit.]
=33.= Save as otherwise provided by the Irish Legislature--
(_a_) The existing law relating to the Exchequer and the Consolidated
Fund of the United Kingdom shall apply to the Irish Exchequer and
Consolidated Fund, and an officer shall from time to time be appointed
by the Lord-Lieutenant to fill the office of the Comptroller-General
of the receipt and issue of Her Majesty's Exchequer and
Auditor-General of public accounts so far as respects Ireland; and
[Sidenote: 29 & 30 Vict. c. 39.]
(_b_) The accounts of the Irish Consolidated Fund shall be audited as
appropriation accounts in manner provided by the Exchequer and Audit
Departments Act, 1866, by or under the direction of the holder of such
office.
[Sidenote: Application of parliamentary law.]
=34.=--(1) The privileges, immunities, and powers to be held, enjoyed, and
exercised by the Irish Legislative Body, and the members thereof, shall be
such as are from time to time defined by Act of the Irish Legislature, but
so that the same shall never exceed those at the passing of this Act,
held, enjoyed, and exercised by the House of Commons, and by the members
thereof.
(2) Subject as in this Act mentioned, all existing laws and customs
relating to the members of the House of Commons and their election,
including the enactments respecting the questioning of elections, corrupt
and illegal practices, and registration of electors, shall, so far as
applicable, extend to elective members of the first order and to members
of the second order of the Irish Legislative Body. Provided that,--
(_a_) The law relating to the offices of profit enumerated in Schedule
H to the Representation of the People Act, 1867, shall apply to such
offices of profit in the Government of Ireland not exceeding ten, as
the Legislature of Ireland may from time to time direct;
(_b_) After the first dissolution of the Legislative Body, the
Legislature of Ireland may, subject to the restrictions in this Act
mentioned, alter the laws and customs in this section mentioned.
[Sidenote: Regulations for carrying Act into effect.]
=35.=--(1) The Lord-Lieutenant of Ireland may make regulations for the
following purposes:--
(_a_) The summoning of the Legislative Body and the election of a
Speaker, and such adaptation to the proceedings of the Legislative
Body of the procedure of the House of Commons as appears to him
expedient for facilitating the conduct of business by that body on
their first meeting;
(_b_) The adaptation of any laws relating to the election of
representative peers;
(_c_) The adaptation of any laws and customs relating to the House of
Commons or the members thereof to the elective members of the first
order and to members of the second order of the Legislative Body; and
(_d_) The mode of signifying their assent or election under this Act
by representative peers or Irish members of the House of Commons as
regards becoming members of the Irish Legislative Body in pursuance of
this Act.
(2) Any regulations so made shall, in so far as they concern the procedure
of the Legislative Body, be subject to alteration by Standing Orders of
that Body, and so far as they concern other matters, be subject to
alteration by the Legislature of Ireland, but shall, until alteration,
have the same effect as if they were inserted in this Act.
[Sidenote: Saving of powers of House of Lords.]
=36.= Save as in this Act provided with respect to matters to be decided
by Her Majesty in Council, nothing in this Act shall affect the appellate
jurisdiction of the House of Lords in respect of actions and suits in
Ireland, or the jurisdiction of the House of Lords to determine the
claims to Irish peerages.
[Sidenote: Savings of rights of Parliament.]
=37.= Save as herein expressly provided, all matters in relation to which
it is not competent for the Irish Legislative Body to make or repeal laws
shall remain and be within the exclusive authority of the Imperial
Parliament, whose power and authority in relation thereto, save as
aforesaid, shall in no wise be diminished or restrained by anything herein
contained.
[Sidenote: Continuance of existing laws, courts, officers, etc.]
=38.=--(1) Except as otherwise provided by this Act, all existing laws in
force in Ireland, and all existing courts of civil and criminal
jurisdiction, and all existing legal commissions, powers, and authorities,
and all existing officers, judicial, administrative, and ministerial, and
all existing taxes, licence, and other duties, fees, and other receipts in
Ireland shall continue as if this Act had not been passed; subject,
nevertheless, to be repealed, abolished, or altered in manner and to the
extent provided by this Act; provided that, subject to the provisions of
this Act, such taxes, duties, fees, and other receipts, shall, after the
appointed day, form part of the public revenues of Ireland.
(2) The Commissioners of Inland Revenue and Commissioners of Customs, and
the officers of such Commissioners respectively, shall have the same
powers in relation to any articles subject to any duty of excise or
customs, manufactured, imported, kept for sale, or sold, and any premises
where the same may be, and to any machinery, apparatus, vessels, utensils,
or conveyance used in connection therewith, or the removal thereof, and in
relation to the person manufacturing, importing, keeping for sale,
selling, or having the custody or possession of the same as they would
have had if this Act had not been passed.
[Sidenote: Mode of alteration of Act.]
=39.=--(1) On and after the appointed day this Act shall not, except such
provisions thereof as are declared to be alterable by the Legislature of
Ireland, be altered except--
(_a_) By Act of the Imperial Parliament and with the consent of the
Irish Legislative Body testified by an address to Her Majesty, or
(_b_) By an Act of the Imperial Parliament, for the passing of which
there shall be summoned to the House of Lords the peerage members of
the first order of the Irish Legislative Body, and if there are no
such members then twenty-eight Irish representative peers elected by
the Irish peers in manner heretofore in use, subject to adaptation as
provided by this Act; and there shall be summoned to the House of
Commons such one of the members of each constituency, or in the case
of a constituency returning four members such two of those members, as
the Legislative Body of Ireland may select, and such peers and members
shall respectively be deemed, for the purpose of passing any such Act,
to be members of the said Houses of Parliament respectively.
(2) For the purposes of this section, it shall be lawful for Her Majesty
by Order in Council to make such provisions for summoning the said peers
of Ireland to the House of Lords and the said members from Ireland to the
House of Commons as to Her Majesty may seem necessary or proper, and any
provisions contained in such Order in Council shall have the same effect
as if they had been enacted by Parliament.
[Sidenote: Definitions.]
=40.= In this Act--
The expression 'the appointed day' shall mean such day after the
_thirty-first day of March in the year one thousand eight hundred and
eighty-seven_ as may be determined by order of Her Majesty in Council.
The expression 'Lord-Lieutenant' includes the lords justices or any
other chief governor or governors of Ireland for the time being.
The expression 'Her Majesty the Queen,' or 'Her Majesty in Council,'
or 'the Queen,' includes the heirs and successors of Her Majesty the
Queen.
The expression 'Treasury' means the Commissioners of Her Majesty's
Treasury.
The expression 'Treaty' includes any convention or arrangement.
The expression 'existing' means existing at the passing of this Act.
The expression 'existing constituency' means any county or borough,
or division of a county or borough, or a University returning at the
passing of this Act a member or members to serve in Parliament.
The expression 'duties of excise' does not include a duty received in
respect of any licence whether for the sale of intoxicating liquors or
otherwise.
The expression 'financial year' means the twelve months ending on the
_thirty-first day of March_.
[Sidenote: Short title of Act.]
=41.= This Act may be cited for all purposes as the Irish Government Act,
1886.
SCHEDULES.
FIRST SCHEDULE.
First order of the Irish Legislative Body.
-------------------------------------------------
Electoral Districts.|Number of Members.|Rotation.
--------------------|------------------|---------
| |
| |
| |
-------------------------------------------------
SECOND SCHEDULE.
Provisions relating to the first order of the Irish Legislative Body.
THIRD SCHEDULE.
Boundaries of divisions of the City of Cork for the purpose of returning
members to the second order of the Legislative Body.
FOURTH SCHEDULE.
Provisions as to superannuation allowances of persons in the Permanent
Civil Service.
FIFTH SCHEDULE.
Transitory provisions.
THE IRISH GOVERNMENT BILL, 1893.
ARRANGEMENT OF CLAUSES.
PART I.
_Legislative Authority._
CLAUSE
1. Establishment of Irish Legislature.
2. Powers of Irish Legislature.
3. Exceptions from powers of Irish Legislature.
4. Restrictions on powers of Irish Legislature.
_Executive Authority._
5. Executive power in Ireland.
_Constitution of Legislature._
6. Composition of Irish Legislative Council.
7. Composition of Irish Legislative Assembly.
8. Disagreement between two Houses, how settled.
_Irish Representation in House of Commons._
9. Representation in Parliament of Irish counties and boroughs.
_Finance._
10. As to separate Consolidated Fund and taxes.
11. Hereditary revenues and income tax.
12. Financial arrangements as between United Kingdom and Ireland.
13. Treasury Account (Ireland).
14. Charges on Irish Consolidated Fund.
15. Irish Church Fund.
16. Local loans.
17. Adaptation of Acts as to Local Taxation Accounts and Probate, etc.,
duties.
18. Money bills and votes.
19. Exchequer judges for revenue actions, election petitions, etc.
_Post Office, Postal Telegraphs, and Savings Banks._
20. Transfer of post office and postal telegraphs.
21. Transfer of savings banks.
_Irish Appeals and Decision of Constitutional Questions._
22. Irish appeals.
23. Special provision for decision of constitutional questions.
_Lord-Lieutenant and Crown Lands._
24. Office of Lord-Lieutenant.
25. Use of Crown lands by Irish Government.
_Judges and Civil Servants._
26. Tenure of future judges.
27. As to existing judges and other persons having salaries charged on
the Consolidated Fund.
28. As to persons holding Civil Service appointments.
29. As to existing pensions and superannuation allowances.
_Police._
30. As to police.
_Miscellaneous._
31. Irish Exchequer Consolidated Fund and Audit.
32. Law applicable to both Houses of Irish Legislature.
33. Supplemental provisions as to powers of Irish Legislature.
34. Limitation on borrowing by local authorities.
_Transitory Provisions._
35. Temporary restriction on powers of Irish Legislature and Executive.
36. Transitory provisions.
37. Continuance of existing laws, courts, officers, etc.
38. Appointed day.
39. Definitions.
40. Short title.
SCHEDULES.
_A Bill to amend the provision for the Government of Ireland._ [A.D. 1893.
Whereas it is expedient that without impairing or restricting the supreme
authority of Parliament, an Irish Legislature should be created for such
purposes in Ireland as in this Act mentioned: Be it therefore enacted by
the Queen's most excellent Majesty, by and with the advice and consent of
the Lords Spiritual and Temporal, and Commons, in this present Parliament
assembled, and by the authority of the same, as follows:--
PART I.
_Legislative Authority._
[Sidenote: Establishment of Irish Legislature.]
=1.= On and after the appointed day there shall be in Ireland a
Legislature consisting of Her Majesty the Queen and of two Houses, the
Legislative Council and the Legislative Assembly.
[Sidenote: Powers of Irish Legislature.]
=2.= With the exceptions and subject to the restrictions in this Act
mentioned, there shall be granted to the Irish Legislature power to make
laws for the peace, order, and good government of Ireland in respect of
matters exclusively relating to Ireland or some part thereof.
[Sidenote: Exceptions from powers of Irish Legislature.]
=3.= The Irish Legislature shall not have power to make powers of laws
respect of the following matters or any of them:--
(1) The Crown, or the succession to the Crown, or a Regency; or the
Lord-Lieutenant as representative of the Crown; or
(2) The making of peace or war or matters arising from a state of war;
or
(3) Naval or military forces, or the defence of the realm; or
(4) Treaties and other relations with foreign States, or the relations
between different parts of Her Majesty's dominions, or offences
connected with such treaties or relations; or
(5) Dignities or titles of honour; or
(6) Treason, treason-felony, alienage or naturalisation; or
(7) Trade with any place out of Ireland; or quarantine, or navigation
(except as respects inland waters and local health or harbour
regulations); or
(8) Beacons, lighthouses, or sea-marks (except so far as they can
consistently with any general Act of Parliament be constructed or
maintained by a local harbour authority); or
(9) Coinage; legal tender; or the standard of weights and measures; or
(10) Trade marks, merchandise marks, copyright, or patent rights.
Any law made in contravention of this section shall be void.
[Sidenote: Restrictions on powers of Irish Legislature.]
=4.= The powers of the Irish Legislature shall not extend to the making of
any law--
(1) Respecting the establishment or endowment of religion, or
prohibiting the free exercise thereof; or
(2) Imposing any disability, or conferring any privilege, on account
of religious belief; or
(3) Abrogating or prejudicially affecting the right to establish or
maintain any place of denominational education or any denominational
institution or charity; or
(4) Prejudicially affecting the right of any child to attend a school
receiving public money, without attending the religious instruction at
that school; or
(5) Whereby any person may be deprived of life, liberty, or property
without due process of law, or may be denied the equal protection of
the laws, or whereby private property may be taken without just
compensation; or
(6) Whereby any existing corporation incorporated by Royal Charter or
by any local or general Act of Parliament (not being a corporation
raising for public purposes taxes, rates, cess, dues, or tolls, or
administering funds so raised) may, unless it consents, or the leave
of Her Majesty is first obtained on address from the two Houses of the
Irish Legislature, be deprived of its rights, privileges, or property
without due process of law; or
(7) Whereby any inhabitant of the United Kingdom may be deprived of
equal rights as respects public sea fisheries.
Any law made in contravention of this section shall be void.
_Executive Authority._
[Sidenote: Executive power in Ireland.]
=5.=--(1) The executive power in Ireland shall continue vested in Her
Majesty the Queen, and the Lord-Lieutenant, on behalf of Her Majesty,
shall exercise any prerogatives or other executive power of the Queen the
exercise of which may be delegated to him by Her Majesty, and shall, in
Her Majesty's name, summon, prorogue, and dissolve the Irish Legislature.
(2) There shall be an Executive Committee of the Privy Council of Ireland
to aid and advise in the government of Ireland, being of such numbers, and
comprising persons holding such offices, as Her Majesty may think fit, or
as may be directed by Irish Act.
(3) The Lord-Lieutenant shall, on the advice of the said Executive
Committee, give or withhold the assent of Her Majesty to Bills passed by
the two Houses of the Irish Legislature, subject nevertheless to any
instructions given by Her Majesty in respect of any such Bill.
_Constitution of Legislature._
[Sidenote: Composition of Irish Legislative Council.]
=6.=--(1) The Irish Legislative Council shall consist of _forty-eight_
councillors.
(2) Each of the constituencies mentioned in the First Schedule to this
Act shall return the number of councillors named opposite thereto in that
schedule.
[Sidenote: 48 & 49 Vict. c. 3.]
(3) Every man shall be entitled to be registered as an elector, and when
registered to vote at an election, of a councillor for a constituency, who
owns or occupies any land or tenement in the constituency of a rateable
value of more than _twenty_ pounds, subject to the like conditions as a
man is entitled at the passing of this Act to be registered and vote as a
Parliamentary elector in respect of an ownership qualification, or of the
qualification specified in section five of the Representation of the
People Act, 1884, as the case may be: Provided that a man shall not be
entitled to be registered, nor if registered to vote, at an election of a
councillor in more than one constituency in the same year.
(4) The term of office of every councillor shall be _eight_ years, and
shall not be affected by a dissolution; and one _half_ of the Councillors
shall retire in every _fourth_ year, and their seats shall be filled by a
new election.
[Sidenote: Composition of Irish Legislative Assembly.]
=7.=--(1) The Irish Legislative Assembly shall consist of _one hundred and
three_ members, returned by the existing parliamentary constituencies in
Ireland, or the existing divisions thereof, and elected by the
parliamentary electors for the time being in those constituencies or
divisions.
(2) The Irish Legislative Assembly when summoned may, unless sooner
dissolved, have continuance for _five_ years from the day on which the
summons directs it to meet and no longer.
(3) After _six_ years from the passing of this Act, the Irish Legislature
may alter the qualification of the electors, and the constituencies, and
the distribution of the members among the constituencies, provided that in
such distribution due regard is had to the population of the
constituencies.
[Sidenote: Disagreement between two Houses, how settled.]
=8.= If a Bill, or any provision of a Bill, adopted by the Legislative
Assembly is lost by the disagreement of the Legislative Council, and after
a dissolution, or the period of _two years_ from such disagreement, such
Bill, or a Bill for enacting the said provision, is again adopted by the
Legislative Assembly, and fails within three months afterwards to be
adopted by the Legislative Council, the same shall forthwith be submitted
to the members of the two Houses deliberating and voting together thereon,
and shall be adopted or rejected according to the decision of the majority
of those members present and voting on the question.
_Irish Representation in House of Commons._
[Sidenote: Representation in Parliament of Irish counties and boroughs.]
=9.= Unless and until Parliament otherwise determines, the following
provisions shall have effect:--
(1) After the _appointed day_ each of the constituencies named in the
Second Schedule to this Act shall return to serve in Parliament the
number of members named opposite thereto in that Schedule, and no
more, and Dublin University shall cease to return any member.
(2) The existing divisions of the constituencies shall, save as
provided in that Schedule, be abolished.
(3) An Irish representative peer in the House of Lords and a member of
the House of Commons for an Irish constituency shall not be entitled
to deliberate or vote on--
(_a_) Any Bill or motion in relation thereto, the operation of
which Bill or motion is confined to Great Britain or some part
thereof; or
(_b_) Any motion or resolution relating solely to some tax not
raised or to be raised in Ireland; or
(_c_) Any vote or appropriation of money made exclusively for some
service not mentioned in the Third Schedule to this Act; or
(_d_) Any motion or resolution exclusively affecting Great
Britain, or some part thereof, or some local authority, or some
person or thing therein; or
(_e_) Any motion or resolution incidental to any such motion or
resolution, as either is last mentioned, or relates solely to some
tax not raised or to be raised in Ireland, or incidental to any
such vote or appropriation of money as aforesaid.
(4) Compliance with the provisions of this section shall not be
questioned otherwise than in each House in manner provided by the
House.
(5) The election laws and the laws relating to the qualification of
parliamentary electors shall not, so far as they relate to
parliamentary elections, be altered by the Irish Legislature, but this
enactment shall not prevent the Irish Legislature from dealing with
any officers concerned with the issue of writs of election, and if any
officers are so dealt with, it shall be lawful for Her Majesty by
Order in Council to arrange for the issue of such writs, and the writs
issued in pursuance of such Order shall be of the same effect as if
issued in manner heretofore accustomed.
_Finance._
[Sidenote: As to separate Consolidated Fund and taxes.]
=10.=--(1) On and after the appointed day there shall be an Irish
Exchequer and Consolidated Fund separate from those of the United Kingdom.
(2) The duties of Customs and Excise and the duties on postage shall be
imposed by Act of Parliament, but subject to the provisions of this Act
the Irish Legislature may, in order to provide for the public service of
Ireland, impose any other taxes.
(3) Save as in this Act mentioned, all matters relating to the taxes in
Ireland and the collection and management thereof shall be regulated by
Irish Act, and the same shall be collected and managed by the Irish
Government, and from part of the public revenues of Ireland: Provided
that--
(_a_) The duties of Customs shall be regulated, collected, managed,
and paid into the Exchequer of the United Kingdom as heretofore; and
(_b_) All prohibitions in connection with the duties of Excise, and
so far as regards articles sent out of Ireland, all matters relating
to those duties, shall be regulated by Act of Parliament; and
(_c_) The excise duties on articles consumed in Great Britain shall be
paid in Great Britain, or to an officer of the Government of the
United Kingdom.
(4) Save as in this Act mentioned, all the public revenues of Ireland
shall be paid into the Irish Exchequer and form a Consolidated Fund, and
be appropriated to the public service of Ireland by Irish Act.
(5) If the duties of Excise are increased above the rates in force on the
_first day of March one thousand eight hundred and ninety-three_ the net
proceeds in Ireland of the duties in excess of the said rates shall be
paid from the Irish Exchequer to the Exchequer of the United Kingdom.
(6) If the duties of Excise are reduced below the rates in force on the
said day, and the net proceeds of such duties in Ireland are in
consequence less than the net proceeds of the duties before the reduction,
a sum equal to the deficiency shall, unless it is otherwise agreed between
the Treasury and the Irish Government, be paid from the Exchequer of the
United Kingdom to the Irish Exchequer.
[Sidenote: Hereditary revenues and income tax.]
=11.=--(1) The hereditary revenues of the Crown in Ireland which are
managed by the Commissioners of Woods shall continue during the life of
Her present Majesty to be managed and collected by those Commissioners,
and the net amount payable by them to the Exchequer on account of those
revenues, after deducting all expenses (but including an allowance for
interest on such proceeds of the sale of those revenues as have not been
re-invested in Ireland), shall be paid into the Treasury Account (Ireland)
hereinafter mentioned, for the benefit of the Irish Exchequer.
(2) A person shall not be required to pay income tax in Great Britain in
respect of property situate or business carried on in Ireland, and a
person shall not be required to pay income tax in Ireland in respect of
property situate or business carried on in Great Britain.
(3) For the purpose of giving to Ireland the benefit of the difference
between the income tax collected in Great Britain from British, Colonial,
and foreign securities held by residents in Ireland, and the income tax
collected in Ireland from Irish securities held by residents in Great
Britain, there shall be made to Ireland out of the income tax collected in
Great Britain, an allowance of such amount as may be from time to time
determined by the Treasury, in accordance with a minute of the Treasury,
laid before Parliament before the appointed day, and such allowance shall
be paid into the Treasury Account (Ireland) for the benefit of the Irish
Exchequer.
(4) Provided that the provisions of this section with respect to income
tax shall not apply to any excess of the rate of income tax in Great
Britain above the rate in Ireland or of the rate of income tax in Ireland
above the rate in Great Britain.
[Sidenote: Financial arrangements as between United Kingdom and Ireland.]
=12.=--(1) The duties of Customs contributed by Ireland and, save as
provided by this Act, that portion of any public revenue of the United
Kingdom to which Ireland may claim to be entitled, whether specified in
the Third Schedule to this Act or not, shall be carried to the
Consolidated Fund of the United Kingdom, as the contribution of Ireland to
Imperial liabilities and expenditure as defined in that Schedule.
(2) The civil charges of the Government in Ireland shall, subject as in
this Act mentioned, be borne after the appointed day by Ireland.
(3) After _fifteen_ years from the passing of this Act the arrangements
made by this Act for the contribution of Ireland to Imperial liabilities
and expenditure, and otherwise for the financial relations between the
United Kingdom and Ireland, may be revised in pursuance of an address to
Her Majesty from the House of Commons, or from the Irish Legislative
Assembly.
[Sidenote: Treasury Account (Ireland)]
=13.=--(1) There shall be established under the direction of the Treasury
an account (in this Act referred to as the Treasury Account (Ireland)).
(2) There shall be paid into such account all sums payable from the Irish
Exchequer to the Exchequer of the United Kingdom, or from the latter to
the former Exchequer, and all sums directed to be paid into the account
for the benefit of either of the said Exchequers.
(3) All sums which are payable from either of the said Exchequers to the
other of them, or being payable out of one of the said Exchequers are
repayable by the other Exchequer, shall in the first instance be payable
out of the said account so far as the money standing on the account is
sufficient; and for the purpose of meeting such sums the Treasury out of
the Customs revenue collected in Ireland, and the Irish Government out of
any of the public revenues in Ireland, may direct money to be paid to the
Treasury Account (Ireland) instead of into the Exchequer.
(4) Any surplus standing on the account to the credit of either Exchequer,
and not required for meeting payments, shall at convenient times be paid
into that Exchequer, and where any sum so payable in to the Exchequer of
the United Kingdom is required by law to be forthwith paid to the National
Debt Commissioners, that sum may be paid to those Commissioners without
being paid into the Exchequer.
(5) All sums payable by virtue of this Act out of the Consolidated Fund of
the United Kingdom or of Ireland shall be payable from the Exchequer of
the United Kingdom or of Ireland shall be payable from the Exchequer of
the United Kingdom or Ireland, as the case may be, within the meaning of
this Act, and all sums by this Act made payable from the Exchequer of the
United Kingdom shall, if not otherwise paid, be charged on and paid out of
the Consolidated Fund of the United Kingdom.
[Sidenote: Charges on Irish Consolidated Fund.]
=14.=--(1) There shall be charged on the Irish Consolidated Fund in favour
of the Exchequer of the United Kingdom as a first charge on sums which--
(_a_) Are payable to that Exchequer from the Irish Exchequer; or
[Sidenote: 54 & 55 Vict. c. 48.]
(_b_) Are required to repay to the Exchequer of the United Kingdom
sums issued to meet the dividends or sinking fund or guaranteed land
stock under the Purchase of Land (Ireland) Act, 1891: or
(_c_) Otherwise have been or are required to be paid out of the
Exchequer of the United Kingdom in consequence of the non-payment
thereof out of the Exchequer of Ireland or otherwise by the Irish
Government.
(2) If at any time the Controller and Auditor-General of the United
Kingdom is satisfied that any such charge is due, he shall certify the
amount of it, and the Treasury shall send such certificate to the
Lord-Lieutenant, who shall thereupon by order, without any
counter-signature, direct the payment of the amount from the Irish
Exchequer to the Exchequer of the United Kingdom, and such order shall be
duly obeyed by all persons, and until the amount is wholly paid no other
payment shall be made out of the Irish Exchequer for any purpose whatever.
(3) There shall be charged on the Irish Consolidated Fund next after the
foregoing charge--
[Sidenote: 54 & 55 Vict. c. 48.]
(_a_) All sums, for dividends or sinking fund on guaranteed land stock
under the Purchase of Land (Ireland) Act, 1891, which the Land
Purchase Account and the Guarantee Fund under that Act are
insufficient to pay;
(_b_) All sums due in respect of any debt incurred by the Government
of Ireland, whether for interest management, or sinking fund;
(_c_) An annual sum of _five thousand pounds_ for the expenses of the
household and establishment of the Lord-Lieutenant;
(_d_) All existing charges on the Consolidated Fund of the United
Kingdom in respect of Irish services other than the salary of the
Lord-Lieutenant; and
(_e_) The salaries and pensions of all judges of the Supreme Court or
other Superior Court in Ireland or of any County or other like Court,
who are appointed after the passing of this Act, and are not the
Exchequer judges hereafter mentioned.
(4) Until all charges created by this Act upon the Irish Consolidated Fund
and for the time being due are paid, no money shall be issued from the
Irish Exchequer for any other purpose whatever.
[Sidenote: Irish Church Fund. 32 & 33 Vict. c. 42. 44 & 45 Vict. c. 71.]
=15.=--(1) All existing charges on the Church property in Ireland--that is
to say, all property accruing under the Irish Church Act, 1869, and
transferred to the Irish Land Commission by the Irish Church Amendment
Act, 1881--shall so far as not paid out of the said property be charged on
the Irish Consolidated Fund, and any of those charges guaranteed by the
Treasury, if and so far as not paid, shall be paid out of the Exchequer of
the United Kingdom.
(2) Subject to the existing charges thereon, the said Church property
shall belong to the Irish Government, and be managed, administered, and
disposed of as directed by Irish Act.
[Sidenote: Local loans.]
=16.=--(1) All sums paid or applicable in or towards the discharge of the
interest or principal of any local loan advanced before the appointed day
on security in Ireland, or otherwise in respect of such loan, which but
for this Act would be paid to the National Debt Commissioners, and carried
to the Local Loans Fund, shall, after the appointed day, be paid, until
otherwise provided by Irish Act, to the Irish Exchequer.
(2) For the payment of the Local Loans Fund of the principal and interest
of such loans, the Irish Government shall after the appointed day pay by
half-yearly payments an annuity for _forty-nine_ years, at the rate of
_four_ per cent., on the principal of the said loans, exclusive of any
sums written off before the appointed day from the account of assets of
the Local Loans Fund, and such annuity shall be paid from the Irish
Exchequer to the Exchequer of the United Kingdom, and when so paid shall
be forthwith paid to the National Debt Commissioners for the credit of the
Local Loans Fund.
(3) After the appointed day, money for loans in Ireland shall cease to be
advanced either by the Public Works Loan Commissioners or out of the Local
Loans Fund.
[Sidenote: Adaptation of Acts as to Local Taxation Accounts and Probate,
etc., duties. See 50 & 51 Vict. c. 41. 54 & 55 Vict. c. 48.]
=17.=--(1) So much of any Act as directs payment to the Local Taxation
(Ireland) Account of any share of Probate, Excise, or Customs duties
payable to the Exchequer of the United Kingdom shall, together with any
enactment amending the same, be repealed as from the appointed day without
prejudice to the adjustment of balances after that day; the like amounts
shall continue to be paid to the Local Taxation Accounts in England and
Scotland as would have been paid if this Act had not passed, and any
residue of the said share shall be paid into the Exchequer of the United
Kingdom.
[Sidenote: See 21 & 22 Vict. c. 86, ss. 12-18. 21 & 22 Vict. c. 95, s. 29.
22 & 23 Vict. c. 31, s. 25. 39 & 40 Vict. c. 70, ss. 41-44.]
(2) The stamp duty chargeable in respect of the personalty of a deceased
person, shall not in the case of administration granted in Great Britain
be chargeable in respect of any personalty situate in Ireland; nor in the
case of administration granted in Ireland be chargeable in respect of any
personalty situate in Great Britain; and any administration granted in
Great Britain shall not, if re-sealed in Ireland, be exempt from stamp
duty on administration granted in Ireland, and any administration granted
in Ireland shall not, when re-sealed in Great Britain, be exempt from
stamp duty on administration granted in Great Britain.
(3) In this section the expression 'administration' means probate or
letters of administration, and as respects Scotland, confirmation
inclusive of the inventory required under the Acts relating to the said
stamp duty, and the expression 'personalty' means personal or movable
estate and effects.
[Sidenote: Money bills and votes.]
=18.=--(1) Bills for appropriating any part of the public revenue or for
imposing any tax shall originate in the Legislative Assembly.
(2) It shall not be lawful for the Legislative Assembly to adopt or pass
any vote, resolution, address, or Bill for the appropriation for any
purpose of any part of the public revenue of Ireland, or of any tax,
except in pursuance of a recommendation from the Lord-Lieutenant in the
Session in which such vote, resolution, address, or Bill is proposed.
[Sidenote: Exchequer judges for revenue actions, elections petitions,
etc.]
=19.=--(1) Two of the judges of the Supreme Court in Ireland shall be
Exchequer judges, and shall be appointed under the Great Seal of the
United Kingdom; and their salaries and pensions shall be charged on and
paid out of the Consolidated Fund of the United Kingdom.
(2) The Exchequer judges shall be removable only by Her Majesty on address
from the two Houses of Parliament, and each such judge shall, save as
otherwise provided by Parliament, receive the same salary and be entitled
to the same pension as is at the time of his appointment fixed for the
puisne judges of the Supreme Court, and during his continuance in office
his salary shall not be diminished, nor his right to pension altered,
without his consent.
(3) An alteration of any rules relating to such legal proceedings as are
mentioned in this section shall not be made except with the approval of
Her Majesty the Queen in Council; and the sittings of the Exchequer judges
shall be regulated with the like approval.
(4) All legal proceedings in Ireland, which are instituted at the instance
of or against the Treasury or Commissioners of Customs, or any of their
officers, or relate to the election of members to serve in Parliament, or
touch any matter within the powers of the Irish Legislature, or touch any
matter affected by a law which the Irish Legislature have not power to
repeal or alter, shall, if so required by any party to such proceedings,
be heard and determined before the Exchequer judges or (except where the
case requires to be determined by two judges) before one of them, and in
any such legal proceeding an appeal shall, if any party so requires, lie
from any Court of first instance in Ireland to the Exchequer judges, and
the decision of the Exchequer judges shall be subject to appeal to Her
Majesty the Queen in Council and not to any other tribunal.
(5) If it is made to appear to an Exchequer judge that any decree or
judgment in any such proceeding as aforesaid has not been duly enforced by
the sheriff or other officer whose duty it is to enforce the same, such
judge shall appoint some officer whose duty it shall be to enforce the
judgment or decree; and for that purpose such officer and all persons
employed by him shall be entitled to the same privileges, immunities, and
powers as are by law conferred on a sheriff and his officers.
(6) The Exchequer judges, when not engaged in hearing and determining such
legal proceedings as above in this section mentioned, shall perform such
of the duties ordinarily performed by other judges of the Supreme Court in
Ireland as may be assigned by Her Majesty the Queen in Council.
(7) All sums recovered by the Treasury or the Commissioners of Customs or
any of their officers, or recovered under any Act relating to duties of
Customs, shall, notwithstanding anything in any other Act, be paid to such
public account as the Treasury or the Commissioners direct.
_Post Office, Postal Telegraphs, and Savings Banks._
[Sidenote: Transfer of post office and postal telegraphs.]
=20.=--(1) As from the _appointed day_ the postal and telegraph service in
Ireland shall be transferred to the Irish Government, and may be regulated
by Irish Act, except as in this Act mentioned and except as regards
matters relating--
(_a_) To such conditions of the transmission or delivery of postal
packets and telegrams as are incidental to the duties on postage; or
(_b_) To foreign mails or submarine telegraphs or through lines in
connection therewith; or
(_c_) To any other postal or telegraph business in connection with
places out of the United Kingdom.
(2) The administration of or incidental to the said excepted matters
shall, save as may be otherwise arranged with the Irish Post Office,
remain with the Postmaster-General.
(3) As regards the revenue and expenses of the postal and telegraph
service, the Postmaster-General shall retain the revenue collected and
defray the expenses incurred in Great Britain, and the Irish Post Office
shall retain the revenue collected and defray the expenses incurred in
Ireland, subject to the provisions of the Fourth Schedule to this Act;
which schedule shall have full effect, but may be varied or added to by
agreement between the Postmaster-General and the Irish Post Office.
(4) The sums payable by the Postmaster-General or Irish Post Office to the
other of them in pursuance of this Act shall, if not paid out of
Post-Office moneys, be paid from the Exchequer of the United Kingdom or of
Ireland, as the case requires, to the other Exchequer.
[Sidenote: 26 & 27 Vict. c. 112.]
(5) Sections forty-eight to fifty-two of the Telegraph Act, 1863, and any
enactment amending the same, shall apply to all telegraphic lines of the
Irish Government in like manner as to the telegraphs of a company within
the meaning of that Act.
[Sidenote: Transfer of savings banks]
=21.=--(1) As from the _appointed day_ there shall be transferred to the
Irish Government the post-office savings banks in Ireland, and all such
powers and duties of any department or officer in Great Britain as are
connected with post-office savings banks, trustee savings banks, or
friendly societies in Ireland, and the same may be regulated by Irish Act.
(2) The Treasury shall publish not less than six months previous notice of
the transfer of savings banks.
(3) If before the date of the transfer any depositor in a post-office
savings bank so requests, his deposit shall, according to his request,
either be paid to him or transferred to a post-office savings bank in
Great Britain, and after the said date the depositors in a post-office
savings bank in Ireland shall cease to have any claim against the
Postmaster-General or the Consolidated Fund of the United Kingdom, but
shall have the like claim against the Government and Consolidated Fund of
Ireland.
(4) If before the date of the transfer the trustees of any trustees
savings bank so request, then, according to the request, either all sums
due to them shall be repaid, and the savings bank closed, or those sums
shall be paid to the Irish Government, and after the said date the
trustees shall cease to have any claim against the National Debt
Commissioners or the Consolidated Fund of the United Kingdom, but shall
have the like claim against the Government and Consolidated Fund of
Ireland.
(5) Notwithstanding the foregoing provisions of this section, if a sum due
on account of any annuity or policy of insurance which has before the
above-mentioned notice been granted through a post-office or trustee
savings bank, is not paid by the Irish Government, that sum shall be paid
out of the Exchequer of the United Kingdom.
_Irish Appeals and Decision of Constitutional Questions._
[Sidenote: Irish appeals.]
=22.=--(1) The appeal from Courts in Ireland to the House of Lords shall
cease; and where any person would, but for this Act, have a right to
appeal from any Court in Ireland to the House of Lords, such person shall
have the like right to appeal to Her Majesty the Queen in Council; and
the right so to appeal shall not be affected by any Irish Act; and all
enactments relating to appeals to Her Majesty the Queen in Council, and to
the Judicial Committee of the Privy Council, shall apply accordingly.
[Sidenote: 39 & 40 Vict. c. 59]
(2) When the Judicial Committee sit for hearing appeals from a Court in
Ireland, there shall be present not less than four Lords of Appeal, within
the meaning of the Appellate Jurisdiction Act, 1876, and at least one
member who is or has been a judge of the Supreme Court in Ireland.
(3) A rota of privy councillors to sit for hearing appeals from Courts in
Ireland shall be made annually by Her Majesty in Council, and the privy
councillors, or some of them, on that rota shall sit to hear the said
appeals. A casual vacancy in such rota during the year may be filled by
Order in Council.
(4) Nothing in this Act shall affect the jurisdiction of the House of
Lords to determine the claims to Irish peerages.
[Sidenote: Special provision for decision of constitutional questions.]
=23.=--(1) If it appears to the Lord-Lieutenant or a Secretary of State
expedient in the public interest that steps shall be taken for the speedy
determination of the question whether any Irish Act, or any provision
thereof, is beyond the power of the Irish Legislature, he may represent
the same to Her Majesty in Council, and thereupon the said question shall
be forthwith referred to and heard and determined by the Judicial
Committee of the Privy Council, constituted as if hearing an appeal from a
Court in Ireland.
(2) Upon the hearing of the question such persons as seem to the Judicial
Committee to be interested may be allowed to appear and be heard as
parties to the case, and the decision of the Judicial Committee shall be
given in like manner as if it were the decision of an appeal, the nature
of the report or recommendation to Her Majesty being stated in open Court.
(3) Nothing in this Act shall prejudice any other power of Her Majesty in
Council to refer any question to the Judicial Committee, or the right of
any person to petition Her Majesty for such reference.
_Lord-Lieutenant and Crown Lands._
[Sidenote: Office of Lord-Lieutenant.]
=24.=--(1) Notwithstanding anything to the contrary in any Act, every
subject of the Queen shall be qualified to hold the office of
Lord-Lieutenant of Ireland, without reference to his religious belief.
(2) The term of office of the Lord-Lieutenant shall be _six years_,
without prejudice to the power of Her Majesty the Queen at any time to
revoke the appointment.
[Sidenote: Use of Crown lands by Irish Government.]
=25.= Her Majesty the Queen in Council may place under the control of the
Irish Government, for the purposes of that Government, such of the lands
and buildings in Ireland vested in or held in trust for Her Majesty, and
subject to such conditions or restrictions (if any) as may seem expedient.
_Judges and Civil Servants._
[Sidenote: Tenure of future judges.]
=26.= A judge of the Supreme Court or other Superior Court in Ireland, or
of any County Court or other Court with a like jurisdiction in Ireland,
appointed after the passing of this Act, shall not be removed from his
office except in pursuance of an address from the two Houses of
Legislature of Ireland, nor during his continuance in office shall his
salary be diminished or right to pension altered without his consent.
[Sidenote: As to existing judges and other persons having salaries charged
on the Consolidated Fund.]
=27.=--(1) All existing judges of the Supreme Court, County Court judges,
and Land Commissioners in Ireland, and all existing officers serving in
Ireland in the permanent Civil Service of the Crown and receiving salaries
charged on the Consolidated Fund of the United Kingdom, shall, if they are
removable at present on address from both Houses of Parliament, continue
to be removable only upon such address, and if removable in any other
manner shall continue to be removable only in the same manner as
heretofore; and shall continue to receive the same salaries, gratuities,
and pensions, and to be liable to perform the same duties as heretofore,
or such duties as Her Majesty may declare to be analogous, and their
salaries and pensions, if and so far as not paid out of the Irish
Consolidated Fund, shall be paid out of the Exchequer of the United
Kingdom: Provided that this section shall be subject to the provisions of
this Act with respect to the Exchequer judges.
(2) If any of the said judges, commissioners, or officers retires from
office with the Queen's approbation before completion of the period of
service entitling him to a pension, Her Majesty may, if she thinks fit,
grant to him such pension, not exceeding the pension to which he would on
that completion have been entitled, as to Her Majesty seems meet.
[Sidenote: As to persons holding Civil Service appointments.]
=28.=--(1) All existing officers in the permanent Civil Service of the
Crown, who are not above provided for, and are at the appointed day
serving in Ireland, shall, after that day, continue to hold their offices
by the same tenure, and to receive the same salaries, gratuities, and
pensions, and to be liable to perform the same duties as heretofore, or
such duties as the Treasury may declare to be analogous; and the said
gratuities and pensions, and until three years after the passing of this
Act, the salaries due to any of the said officers if remaining in his
existing office, shall be paid to the payees by the Treasury out of the
Exchequer of the United Kingdom.
(2) Any such officer may, after _three years_ from the passing of this
Act, retire from office, and shall, at any time during those three years,
if required by the Irish Government, retire from office, and on any such
retirement may be awarded by the Treasury a gratuity or pension in
accordance with the Fifth Schedule to this Act: Provided that--
(_a_) Six months' written notice shall, unless it is otherwise agreed,
be given either by the said officer or by the Irish Government, as the
case requires; and
(_b_) Such number of officers only shall retire at one time, and at
such intervals of time as the Treasury, in communication with the
Irish Government, sanction.
(3) If any such officer does not so retire, the Treasury may award him,
after the said three years, a pension in accordance with the Fifth
Schedule to this Act, which shall become payable to him on his ultimate
retirement from the service of the Crown.
(4) The gratuities and pensions awarded in accordance with the Fifth
Schedule to this Act shall be paid by the Treasury to the payees out of
the Exchequer of the United Kingdom.
(5) All sums paid out of the Exchequer of the United Kingdom in pursuance
of this section shall be repaid to that Exchequer from the Irish
Exchequer.
(6) This section shall not apply to officers retained in the service of
the Government of the United Kingdom.
[Sidenote: As to existing pensions and superannuation allowances.]
=29.= Any existing pension granted on account of service in Ireland as a
judge of the Supreme Court or of any Court consolidated into that Court,
or as a County Court judge, or in any other judicial position, or as an
officer in the permanent Civil Service of the Crown other than in an
office the holder of which is after the appointed day retained in the
service of the Government of the United Kingdom, shall be charged on the
Irish Consolidated Fund, and if and so far as not paid out of that fund,
shall be paid out of the Exchequer of the United Kingdom.
_Police._
[Sidenote: As to police.]
=30.=--(1) The forces of the Royal Irish Constabulary and Dublin
Metropolitan Police shall, when and as local police forces are from time
to time established in Ireland in accordance with the Sixth Schedule to
this Act, be gradually reduced and ultimately cease to exist as mentioned
in that Schedule; and after the passing of this Act, no officer or man
shall be appointed to either of these forces; Provided that until the
expiration of _six_ years from the appointed day, nothing in this Act
shall require the Lord-Lieutenant to cause either of the said forces to
cease to exist, if as representing Her Majesty the Queen he considers it
inexpedient.
(2) The said two forces shall, while they continue, be subject to the
control of the Lord-Lieutenant as representing Her Majesty, and the
members thereof shall continue to receive the same salaries, gratuities,
and pensions, and hold their appointments on the same tenure as
heretofore, and these salaries, gratuities, and pensions, and all the
expenditure incidental to either force, shall be paid out of the Exchequer
of the United Kingdom.
(3) When any existing member of either force retires under the provisions
of the Sixth Schedule to this Act, the Treasury may award to him a
gratuity or pension in accordance with that Schedule.
(4) Those gratuities and pensions and all existing pensions payable in
respect of service in either force, shall be paid by the Treasury to the
payees out of the Exchequer of the United Kingdom.
(5) Two-thirds of the net amount payable in pursuance of this section out
of the Exchequer of the United Kingdom shall be repaid to that Exchequer
from the Irish Exchequer.
_Miscellaneous._
[Sidenote: Irish Exchequer Consolidated Fund and Audit.]
31. Save as may be otherwise provided by Irish Act--
(_a_) The existing law relating to the Exchequer and Consolidated Fund
of the United Kingdom shall apply with the necessary modifications to
the Exchequer and Consolidated Fund of Ireland, and an officer shall
be appointed by the Lord-Lieutenant to be the Irish Comptroller and
Auditor-General; and
[Sidenote: 29 & 30 Vict. c. 39]
(_b_) The accounts of the Irish Consolidated Fund shall be audited as
appropriation accounts in manner provided by the Exchequer and Audit
Departments Act, 1866, by or under the direction of such officer.
[Sidenote: Law applicable to both Houses of Irish Legislature.]
=32.=--(1) Subject as in this Act mentioned and particularly to the
Seventh Schedule to this Act (which Schedule shall have full effect), all
existing election laws relating to the House of Commons and the members
thereof shall, so far as applicable, extend to each of the two Houses of
the Irish Legislature and the members thereof, but such election laws so
far as hereby extended may be altered by Irish Act.
(2) The privileges, rights, and immunities to be held and enjoyed by each
House and the members thereof shall be such as may be defined by Irish
Act, but so that the same shall never exceed those for the time being
held and enjoyed by the House of Commons, and the members thereof.
[Sidenote: Supplemental provisions as to powers of Irish Legislature.]
=33.=--(1) The Irish Legislature may repeal or alter any provision of this
Act which is by this Act expressly made alterable by that Legislature, and
also any enactments in force in Ireland, except such as either relate to
matters beyond the powers of the Irish Legislature, or being enacted by
Parliament after the passing of this Act, may be expressly extended to
Ireland. An Irish Act notwithstanding it is in any respect repugnant to
any enactment excepted as aforesaid, shall, though read subject to that
enactment, be, except to the extent of that repugnancy, valid.
(2) An order, rule, or regulation, made in pursuance of, or having the
force of, an Act of Parliament, shall be deemed to be an enactment within
the meaning of this section.
(3) Nothing in this Act shall affect Bills relating to the divorce or
marriage of individuals, and any such Bill shall be introduced and proceed
in Parliament in like manner as if this Act had not been passed.
[Sidenote: Limitation of borrowing by local authorities.]
=34.= The local authority for any county or borough or other area shall
not borrow money without either--
(_a_) A special authority from the Irish Legislature, or
(_b_) The sanction of the proper department of the Irish Government;
and shall not, without such special authority, borrow:
(i.) In the case of municipal borough or town or area less than a
county, any loan which together with the then outstanding debt of the
local authority, will exceed twice the annual rateable value of the
property, in the municipal borough, town, or area; or
(ii.) In the case of a county or larger area, any loan which together
with the then outstanding debt of the local authority, will exceed
one-tenth of the annual rateable value of the property in the county
or area; or
(iii.) In any case a loan exceeding one-half of the above limits
without a local inquiry held in the county, borough, or area by a
person appointed for the purpose by the said department.
_Transitory Provisions._
[Sidenote: Temporary restriction on powers of Irish Legislature and
Executive.]
=35.=--(1) During _three_ years from the passing of this Act, and if
Parliament is then sitting until the end of that session of Parliament,
the Irish Legislature shall not pass an Act respecting the relations of
landlord and tenant, or the sale, purchase, or letting of land generally;
Provided that nothing in this section shall prevent the passing of any
Irish Act with a view to the purchase of land for railways, harbours,
water-works, town improvements, or other local undertakings.
(2) During _six_ years from the passing of this Act, the appointment of a
judge of the Supreme Court or other Superior Courts in Ireland (other than
one of the Exchequer judges) shall be made in pursuance of a warrant from
Her Majesty countersigned as heretofore.
[Sidenote: Transitory provisions.]
=36.=--(1) Subject to the provisions of this Act Her Majesty the Queen in
Council may make or direct such arrangements as seem necessary or proper
for setting in motion the Irish Legislature and Government and for
otherwise bringing this Act into operation.
(2) The Irish Legislature shall be summoned to meet on the _first Tuesday
in September, one thousand eight hundred and ninety-four_, and the first
election of members of the two Houses of the Irish Legislature shall be
held at such time before that day as may be fixed by Her Majesty in
Council.
(3) Upon the first meeting of the Irish Legislature the members of the
House of Commons then sitting for Irish constituencies, including the
members for Dublin University, shall vacate their seats, and writs shall,
as soon as conveniently may be, be issued by the Lord Chancellor of
Ireland for the purpose of holding an election of members to serve in
Parliament for the constituencies named in the Second Schedule of this
Act.
(4) The existing Chief Baron of the Exchequer, and the senior of the
existing puisne judges of the Exchequer Division of the Supreme Court, or
if they or either of them are or is dead or unable or unwilling to act,
such other of the judges of the Supreme Court as Her Majesty may appoint,
shall be the first Exchequer judges.
(5) Where it appears to Her Majesty the Queen in Council, before the
expiration of _one year_ after the appointed day, that any existing
enactment respecting matters within the powers of the Irish Legislature
requires adaptation to Ireland, whether--
(_a_) By the substitution of the Lord-Lieutenant in Council, or of any
departments or office of the Executive Government in Ireland, for Her
Majesty in Council, a Secretary of State, the Treasury, the
Postmaster-General, the Board of Inland Revenue, or other public
department or offices in Great Britain; or
(_b_) By the substitution of the Irish Consolidated Fund or moneys
provided by the Irish Legislature for the Consolidated Fund of the
United Kingdom, or moneys provided by Parliament, or
(_c_) By the substitution or confirmation by, or other act to be done
by or to, the Irish Legislature for confirmation by or other act to be
done by or to Parliament; or
(_d_) By any other adaptation; Her Majesty, by Order in Council, may
make that adaptation.
(6) Her Majesty the Queen in Council may provide for the transfer of such
property, rights, and liabilities, and the doing of such other things as
may appear to Her Majesty necessary or proper for carrying into effect
this Act or any Order in Council under this Act.
(7) An Order in Council under this section may make an adaptation or
provide for a transfer either unconditionally or subject to such
exceptions, conditions, and restrictions as may seem expedient.
(8) The draft of every Order in Council under this section shall be laid
before both Houses of Parliament for not less than two months before it is
made, and such order when made shall, subject as respects Ireland to the
provisions of an Irish Act, have full effect, but shall not interfere with
the continued application to any place, authority, person, or thing, not
in Ireland, of the enactment to which the Order relates.
[Sidenote: Continuance of existing laws, courts, offices, etc.]
=37.=--Except as otherwise provided by this Act, all existing laws,
institutions, authorities, and officers in Ireland, whether judicial,
administrative, or ministerial, and all existing taxes in Ireland shall
continue as if this Act had not passed, but with the modifications
necessary for adapting the same to this Act, and subject to be repealed,
abolished, altered, and adapted in the manner and to the extent authorised
by this Act.
[Sidenote: Appointed day.]
=38.=--Subject as in this Act mentioned the appointed day for the purposes
of this Act shall be the day of the first meeting of the Irish
Legislature, or such other day not more than _seven_ months earlier or
later as may be fixed by order of Her Majesty in Council either generally
or with reference to any particular provision of this Act, and different
days may be appointed for different purposes and different provisions of
this Act, whether contained in the same section or in different sections.
[Sidenote: Definitions.]
=39.=--In this Act unless the context otherwise requires--
The expression 'existing' means existing at the passing of this Act.
The expression 'constituency' means a parliamentary constituency or a
county or borough returning a member or members to serve in either
House of the Irish Legislature, as the case requires, and the
expression 'parliamentary constituency' means any county, borough, or
university returning a member or members to serve in Parliament.
The expression 'parliamentary elector' means a person entitled to be
registered as a voter at a parliamentary election.
The expression 'parliamentary election' means the election of a member
to serve in Parliament.
The expression 'tax' includes duties and fees, and the expression
'duties of excise' does not include licence duties.
The expression 'foreign mails' means all postal packets, whether
letters, parcels, or other packets, posted in the United Kingdom and
sent to a place out of the United Kingdom, or posted in a place out of
the United Kingdom and sent to a place in the United Kingdom, or in
transit through the United Kingdom to a place out of the United
Kingdom.
The expression 'telegraphic line' has the same meaning as in the
Telegraphs Acts, 1863 to 1892.
The expression 'duties on postage' includes all rates and sums
chargeable for or in respect of postal packets, money orders, or
telegrams, or otherwise under the Post-office Acts or the Telegraph
Act, 1892.
The expression 'Irish Act' means a law made by the Irish Legislature.
[Sidenote: 26 & 27 Vict. c. 112. 41 & 42 Vict. c. 76. 55 & 56 Vict. c. 59.
7 Will. 4, and 1 Vict. c. 36. 32 & 33 Vict. c. 73. 48 & 49 Vict. c. 58.]
The expression 'election laws' means the laws relating to the election
of members to serve in Parliament, other than those relating to the
qualification of electors, and includes all the laws respecting the
registration of electors, the issue and execution of writs, the
creation of polling districts, the taking of the poll, the questioning
of elections, corrupt and illegal practices, the disqualification of
members, and the vacating of seats.
The expression 'rateable value' means the annual rateable value under
the Irish Valuation Acts.
The expression 'salary' includes remuneration, allowances, and
emoluments.
The expression 'pension' includes superannuation allowance.
[Sidenote: Short title.]
=40.=--This Act may be cited as the Irish Government Act, 1893.
SCHEDULES.
FIRST SCHEDULE: LEGISLATIVE COUNCIL--CONSTITUENCIES AND NUMBER OF
COUNCILLORS.
------------------------------------------
Constituencies. | Councillors.
---------------------------|--------------
Antrim County | Three
Armagh County | One
Belfast Borough | Two
Carlow County | One
Cavan County | One
Clare County | One
Cork County-- |
East Riding | Three
West Riding | One
Cork Borough | One
Donegal County | One
Down County | Three
Dublin County | Three
" Borough | Two
Fermanagh County | One
Galway County | Two
Kerry County | One
Kildare County | One
Kilkenny County | One
King's County | One
Leitrim and Sligo Counties | One
Limerick County | Two
Londonderry County | One
Longford County | One
Louth County | One
Mayo County | One
Meath County | One
Monaghan County | One
Queen's County | One
Roscommon County | One
Tipperary County | Two
Tyrone County | One
Waterford County | One
Westmeath County | One
Wexford County | One
Wicklow County | One
---------------------------|--------------
| Forty-eight
------------------------------------------
The expression 'borough' in this schedule means an existing parliamentary
borough. Counties of cities and towns not named in this Schedule shall be
combined with the county at large in which they are included for
Parliamentary elections, and if not so included, then with the county at
large bearing the same name.
A borough named in this Schedule shall not for the purposes of this
Schedule form part of any other constituency.
SECOND SCHEDULE: IRISH MEMBERS IN THE HOUSE OF COMMONS.
---------------------------------------------------
| Number of Members
Constituency. | for House
| of Commons.
------------------------------|--------------------
Antrim County | Three
Armagh County | Two
Belfast Borough (in divisions |}
as mentioned below) |} Four
Carlow County | One
Cavan County | Two
Clare County | Two
Cork County (in divisions |}
as mentioned below) |} Five
Cork Borough | Two
Donegal County | Three
Down County | Three
Dublin County | Two
" Borough (in divisions |}
as mentioned below) |} Four
Fermanagh County | One
Galway County | Three
" Borough | One
Kerry County | Three
Kildare County | One
Kilkenny County | One
" Borough | One
King's County | One
Leitrim County | Two
Limerick County | Two
" Borough | One
Londonderry County | Two
" Borough | One
Longford County | One
Louth County | One
Mayo County | Three
Meath County | Two
Monaghan County | Two
Newry Borough | One
Queen's County | One
Roscommon County | Two
Sligo County | Two
Tipperary County | Three
Tyrone County | Three
Waterford County | One
" Borough | One
Westmeath County | One
Wexford County | Two
Wicklow County | One
------------------------------|--------------------
| Eighty
---------------------------------------------------
(1) In this Schedule the expression 'borough' means an existing
parliamentary borough.
(2) In the parliamentary boroughs of Belfast and Dublin, one member shall
be returned by each of the existing parliamentary divisions of those
boroughs, and the law relating to the divisions of boroughs shall apply
accordingly.
(3) The county of Cork shall be divided into two divisions, consisting of
the East Riding and the West Riding, and three members shall be elected by
the East Riding, and two members shall be elected by the West Riding; and
the law relating to divisions of counties shall apply to these divisions.
THIRD SCHEDULE: FINANCE-IMPERIAL LIABILITIES, EXPENDITURE, AND
MISCELLANEOUS REVENUE.
_Liabilities._
For the purposes of this Act, 'Imperial liabilities' consist of:--
(1) The funded and unfunded debt of the United Kingdom, inclusive of
terminable annuities paid out of the permanent annual charge for the
National Debt, and inclusive of the cost of the management of the said
funded and unfunded debt, but exclusive of the Local Loans Stock and
Guaranteed Land Stock, and the cost of the management thereof; and
(2) All other charges on the Consolidated Fund of the United Kingdom for
the repayment of borrowed money, or to fulfil a guarantee.
_Expenditure._
For the purpose of this Act Imperial expenditure consists of expenditure
for the following services:--
1. Naval and military expenditure (including Greenwich Hospital).
2. Civil expenditure, that is to say--
(_a_) Civil list and Royal family.
(_b_) Salaries, pensions, allowances, and incidental expenses of--
(i.) Lord-Lieutenant of Ireland.
(ii.) Exchequer judges in Ireland.
(_c_) Buildings, works, salaries, pensions, printing, stationery,
allowances, and incidental expenses of--
(i.) Parliament;
(ii.) National Debt Commissioners;
(iii.) Foreign Office and diplomatic and consular service,
including secret service, special services, and telegraph
subsidies;
(iv.) Colonial Office, including special services and telegraph
subsidies;
(v.) Privy Council;
(vi.) Board of Trade, including the Mercantile Marine Fund, Patent
Office, Railway Commission, and Wreck Commission, but excluding
Bankruptcy;
(vii.) Mint;
(viii.) Meteorological Society;
(ix.) Slave trade service.
(_d_) Foreign mails and telegraphic communication with places outside
the United Kingdom.
_Revenue._
For the purposes of this Act the public revenue to a portion of which
Ireland may claim to be entitled consists of revenue from the following
sources:--
1. Suez Canal shares or payments on account thereof.
2. Loans and advances to foreign countries.
3. Annual payments by British possessions.
4. Fees, stamps, and extra receipts received by departments, the expenses
of which are part of the Imperial expenditure.
5. Small branches of the hereditary revenues of the Crown.
6. Foreshores.
FOURTH SCHEDULE: PROVISIONS AS TO POST OFFICE.
(1) The Postmaster-General shall pay to the Irish Post Office in respect
of any foreign mails sent through Ireland and the Irish Post Office shall
pay to the Postmaster-General in respect of any foreign mails sent through
Great Britain, such sum as may be agreed upon for the carriage of those
mails in Ireland or Great Britain, as the case may be.
(2) The Irish Post Office shall pay to the Postmaster-General;
(i.) One-half of the expense of the packet service and submarine
telegraph lines between Great Britain and Ireland after deducting from
that expense of the sum fixed by the Postmaster-General as incurred on
account of foreign mails or telegraphic communication with a place out
of the United Kingdom, as the case may be; and
(ii.) Five per cent. of the expenses of the conveyance outside the
United Kingdom of foreign mails, and of the transmission of telegrams
to places outside the United Kingdom; and
(iii.) Such proportion of the receipts for telegrams to places out of
the United Kingdom as is due in respect of the transmission outside
the United Kingdom of such telegrams.
(3) The Postmaster-General and the Irish Post Office respectively shall
pay to the other of them on account of foreign money orders, of
compensation in respect of postal packets, and of any matters not
specifically provided for in this Schedule, such sums as may be agreed
upon.
(4) Of the existing debt incurred in respect of telegraphs, a sum of five
hundred and fifty thousand pounds, two and three quarters per cent.
Consolidated Stock shall be treated as debt of the Irish Post Office, and
for paying the dividends on and redeeming such stock there shall be paid
half-yearly by the Irish Exchequer to the Exchequer of the United Kingdom
an annuity of _eighteen_ thousand pounds for _sixty_ years, and such
annuity when paid into the Exchequer shall be forthwith paid to the
National Debt Commissioners and applied for the reduction of the National
Debt.
(5) The Postmaster-General and the Irish Post Office may agree on the
facilities to be afforded by the Irish Post Office in Ireland in relation
to any matters the administration of which by virtue of this Act remains
with the Postmaster-General, and with respect to the use of the Irish
telegraphic lines for through lines in connection with submarine
telegraphs, or with telegraphic communication with any place out of the
United Kingdom.
FIFTH SCHEDULE: REGULATIONS AS TO GRATUITIES AND PENSIONS FOR CIVIL
SERVANTS.
SIXTH SCHEDULE:
PART I.--REGULATIONS AS TO ESTABLISHMENT OF POLICE FORCES AND AS TO
THE ROYAL IRISH CONSTABULARY AND DUBLIN METROPOLITAN POLICE CEASING TO
EXIST.
(1) Such local police forces shall be established under such local
authorities and for such counties, municipal boroughs, or other larger
areas, as may be provided by Irish Act.
(2) Whenever the Executive Committee of the Privy Council in Ireland
certify to the Lord-Lieutenant that a police force, adequate for local
purposes, has been established in any area, then, subject to the
provisions of this Act, he shall within six months thereafter direct the
Royal Irish Constabulary to be withdrawn from the performance of regular
police duties in such area, and such order shall be forthwith carried into
effect.
(3) Upon any such withdrawal the Lord-Lieutenant shall order measures to
be taken for a proportionate reduction of the numbers of the Royal Irish
Constabulary, and such order shall be duly executed.
(4) Upon the Executive Committee of the Privy Council in Ireland
certifying to the Lord-Lieutenant that adequate local police forces have
been established in every part of Ireland, then subject to the provisions
of this Act, the Lord-Lieutenant shall within six months after such
certificate, order measures to be taken for causing the whole of the Royal
Irish Constabulary to cease to exist as a police force, and such order
shall be duly executed.
(5) Where the area in which a local police force is established is part of
the Dublin Metropolitan Police District, the foregoing regulations shall
apply to the Dublin Metropolitan Police in like manner as if that force
were the Royal Irish Constabulary.
PART II.--REGULATIONS AS TO GRATUITIES AND PENSIONS FOR THE ROYAL IRISH
CONSTABULARY AND DUBLIN METROPOLITAN POLICE.
SEVENTH SCHEDULE: REGULATIONS AS TO HOUSES OF THE LEGISLATURE AND THE
MEMBERS THEREOF.
_Legislative Council._