ARTICLE 72.
Subject to this Constitution and to the extent to which they are not
inconsistent therewith, the laws in force in the Irish Free State/Saorstat
Eireann at the date of the coming into operation of this Constitution
shall continue to be of full force and effect until the same or any of
them shall have been repealed or amended by enactment of the
Parliament/Oireachtas.
ARTICLE 73.
Until Courts have been established for the Irish Free State/Saorstat
Eireann in accordance with this Constitution, the Supreme Court of
Judicature, County Courts, Courts of Quarter Sessions and Courts of
Summary Jurisdiction, as at present existing, shall for the time being
continue to exercise the same jurisdiction as heretofore, and any judge or
justice, being a member of any such Court, holding office at the time when
this Constitution comes into operation, shall for the time being continue
to be a member thereof and hold office by the like tenure and upon the
like terms as heretofore, unless, in the case of a judge of the said
Supreme Court or of a County Court, he signifies to the Representative of
the Crown his desire to resign. Any vacancies in any of the said Courts so
continued may be filled by appointment made in like manner as appointments
to judgeships in the Courts established under this Constitution.
Provided that the provisions of Article 65 as to the decisions of the
Supreme Court established under this Constitution shall apply to decisions
of the Court of Appeal continued by this Article.
ARTICLE 74.
If any judge of the said Supreme Court of Judicature or of any of the said
County Courts resigns as aforesaid, or if any such judge, on the
establishment of Courts under this Constitution, is not with his consent
appointed to be a judge of any such Court, he shall, for the purpose of
Article 10 of the Scheduled Treaty, be treated as if he had retired in
consequence of the change of Government effected in pursuance of the said
Treaty, but the rights so conferred shall be without prejudice to any
rights or claims that he may have against the British Government.
ARTICLE 75.
Every existing Officer of the Provisional Government who has been
transferred to that Government from the British Government and every
existing Officer of the British Government, who, at the date of the coming
into operation of this Constitution, is engaged or employed in the
administration of public services which on that date become public
services of the Irish Free State/Saorstat Eireann (except those whose
services have been lent by the British Government to the Provisional
Government) shall on that date be transferred to and become an Officer of
the Irish Free State/Saorstat Eireann and shall hold office by a tenure
corresponding to his previous tenure, and shall be entitled to the benefit
of Article 10 of the Scheduled Treaty.
ARTICLE 76.
As respects departmental property, assets, rights, and liabilities, the
Government of the Irish Free State/Saorstat Eireann shall be regarded as
the successors of the Provisional Government, and, to the extent to which
functions of any department of the British Government become functions of
the Government of the Irish Free State/Saorstat Eireann, as the successors
of such department of the British Government.
ARTICLE 77.
After the date on which this Constitution comes into operation the House
of the Parliament elected in pursuance of the Irish Free State (Agreement)
Act, 1922 (being the constituent assembly for the settlement of this
Constitution), may, for a period not exceeding one year from that date,
but subject to compliance by the Members thereof with the provisions of
Article 17 of this Constitution, exercise all the powers and authorities
conferred on the Chamber/Dail Eireann by this Constitution, and the first
election for the Chamber/Dail Eireann under Articles 26 and 27 hereof
shall take place as soon as possible after the expiration of such period.
ARTICLE 78.
The first Senate/Seanad Eireann shall be constituted immediately after the
coming into operation of this Constitution in the manner following, that
is to say:--
(a) The first Senate/Seanad shall consist of two members elected by
each of the Universities in the Irish Free State/Saorstat Eireann and
fifty-six other members, of whom twenty-eight shall be elected and
twenty-eight shall be nominated.
(b) The twenty-eight nominated members of the Senate/Seanad shall be
nominated by the President of the Executive Council who shall, in
making such nominations, have special regard to the providing of
representation for groups or parties not then adequately represented
in the Chamber/Dail.
(c) The twenty-eight elected members of the Senate/Seanad shall be
elected by the Chamber/Dail Eireann voting on principles of
Proportional Representation.
(d) Of the University members one member elected by each University,
to be elected by lot, shall hold office for six years, the remaining
University members shall hold office for the full period of twelve
years.
(e) Of the twenty-eight nominated members, fourteen, to be selected
by lot, shall hold office for the full period of twelve years, the
remaining fourteen shall hold office for the period of six years.
(f) Of the twenty-eight elected members the first fourteen elected
shall hold office for the period of nine years, the remaining
fourteen shall hold office for the period of three years.
(g) At the termination of the period of office of any such members,
members shall be elected in their place in manner provided by Article
31.
(h) Casual vacancies shall be filled in manner provided by Article
33.
(i) For the purpose of the election of members for any University
under this Article, all persons whose names appear on the register
for the University in force at the date of the coming into operation
of this Constitution shall, notwithstanding anything in Article 14,
be entitled to vote.
ARTICLE 79.
The passing and adoption of this Constitution by the Constituent Assembly
and the British Parliament shall be announced as soon as may be, and not
later than the sixth day of December, Nineteen hundred and twenty-two, by
Proclamation of His Majesty and this Constitution shall come into
operation on the issue of such Proclamation.
SCHEDULE
ARTICLES OF AGREEMENT FOR A TREATY BETWEEN GREAT BRITAIN AND IRELAND,
DATED THE SIXTH DAY OF DECEMBER, NINETEEN HUNDRED AND TWENTY-ONE.
1. Ireland shall have the same constitutional status in the Community of
Nations known as the British Empire as the Dominion of Canada, the
Commonwealth of Australia, the Dominion of New Zealand, and the Union of
South Africa, with a Parliament having powers to make laws for the peace
order and good government of Ireland and an Executive responsible to that
Parliament, and shall be styled and known as the Irish Free State.
2. Subject to the provisions hereinafter set out the position of the Irish
Free State in relation to the Imperial Parliament and Government and
otherwise shall be that of the Dominion of Canada, and the law, practice
and constitutional usage governing the relationship of the Crown or the
representative of the Crown and of the Imperial Parliament to the Dominion
of Canada shall govern their relationship to the Irish Free State.
3. The representative of the Crown in Ireland shall be appointed in like
manner as the Governor-General of Canada, and in accordance with the
practice observed in the making of such appointments.
4. The oath to be taken by Members of the Parliament of the Irish Free
State shall be in the following form:--
I ...... do solemnly swear true faith and allegiance to the
Constitution of the Irish Free State as by law established and that I
will be faithful to H.M. King George V., his heirs and successors by
law in virtue of the common citizenship of Ireland with Great Britain
and her adherence to and membership of the group of nations forming
the British Commonwealth of Nations.
5. The Irish Free State shall assume liability for the service of the
Public Debt of the United Kingdom as existing at the date hereof and
towards the payment of war pensions as existing at that date in such
proportion as may be fair and equitable, having regard to any just claims
on the part of Ireland by way of set off or counterclaim, the amount of
such sums being determined in default of agreement by the arbitration of
one or more independent persons being citizens of the British Empire.
6. Until an arrangement has been made between the British and Irish
Governments whereby the Irish Free State undertakes her own coastal
defence, the defence by sea of Great Britain and Ireland shall be
undertaken by His Majesty's Imperial Forces, but this shall not prevent
the construction or maintenance by the Government of the Irish Free State
of such vessels as are necessary for the protection of the Revenue or the
Fisheries.
The foregoing provisions of this article shall be reviewed at a conference
of Representatives of the British and Irish Governments to be held at the
expiration of five years from the date hereof with a view to the
undertaking by Ireland of a share in her own coastal defence.
7. The Government of the Irish Free State shall afford to His Majesty's
Imperial Forces:--
(_a_) In time of peace such harbour and other facilities as are
indicated in the Annex hereto, or such other facilities as may from
time to time be agreed between the British Government and the
Government of the Irish Free State; and
(_b_) In time of war or of strained relations with a Foreign Power
such harbour and other facilities as the British Government may
require for the purposes of such defence as aforesaid.
8. With a view to securing the observance of the principle of
international limitation of armaments, if the Government of the Irish Free
State establishes and maintains a military defence force, the
establishments thereof shall not exceed in size such proportion of the
military establishments maintained in Great Britain as that which the
population of Ireland bears to the population of Great Britain.
9. The ports of Great Britain and the Irish Free State shall be freely
open to the ships of the other country on payment of the customary port
and other dues.
10. The Government of the Irish Free State agrees to pay fair compensation
on terms not less favourable than those accorded by the Act of 1920 to
judges, officials, members of police forces, and other public servants who
are discharged by it or who retire in consequence of the change of
government effected in pursuance hereof.
Provided that this agreement shall not apply to members of the Auxiliary
Police Force or to persons recruited in Great Britain for the Royal Irish
Constabulary during the two years next preceding the date hereof. The
British Government will assume responsibility for such compensation or
pensions as may be payable to any of these excepted persons.
11. Until the expiration of one month from the passing of the Act of
Parliament for the ratification of this instrument, the powers of the
Parliament and the Government of the Irish Free State shall not be
exercisable as respects Northern Ireland, and the provisions of the
Government of Ireland Act, 1920, shall, so far as they relate to Northern
Ireland, remain of full force and effect, and no election shall be held
for the return of members to serve in the Parliament of the Irish Free
State for constituencies in Northern Ireland, unless a resolution is
passed by both Houses of the Parliament of Northern Ireland in favour of
the holding of such elections before the end of the said month.
12. If before the expiration of the said month, an address is presented to
His Majesty by both Houses of the Parliament of Northern Ireland to that
effect, the powers of the Parliament and Government of the Irish Free
State shall no longer extend to Northern Ireland, and the provisions of
the Government of Ireland Act, 1920 (including those relating to the
Council of Ireland), shall so far as they relate to Northern Ireland,
continue to be of full force and effect, and this instrument shall have
effect subject to the necessary modifications.
Provided that if such an address is so presented a Commission consisting
of three persons, one to be appointed by the Government of the Irish Free
State, one to be appointed by the Government of Northern Ireland and one
who shall be Chairman to be appointed by the British Government shall
determine in accordance with the wishes of the inhabitants, so far as may
be compatible with economic and geographic conditions the boundaries
between Northern Ireland and the rest of Ireland, and for the purposes of
the Government of Ireland Act, 1920, and of this instrument, the boundary
of Northern Ireland shall be such as may be determined by such Commission.
13. For the purpose of the last foregoing Article, the powers of the
Parliament of Southern Ireland under the Government of Ireland Act, 1920,
to elect members of the Council of Ireland shall after the Parliament of
the Irish Free State is constituted be exercised by that Parliament.
14. After the expiration of the said month, if no such address as is
mentioned in Article 12 hereof is presented, the Parliament and Government
of Northern Ireland shall continue to exercise as respects Northern
Ireland the powers conferred on them by the Government of Ireland Act,
1920, but the Parliament and Government of the Irish Free State shall in
Northern Ireland have in relation to matters in respect of which the
Parliament of Northern Ireland has not power to make laws under that Act
(including matters which under the said Act are within the jurisdiction of
the Council of Ireland) the same powers as in the rest of Ireland subject
to such other provisions as may be agreed in manner hereinafter appearing.
15. At any time after the date hereof the Government of Northern Ireland
and the provisional Government of Southern Ireland hereinafter constituted
may meet for the purpose of discussing the provisions subject to which the
last foregoing Article is to operate in the event of no such address as is
therein mentioned being presented and those provisions may include:--
(_a_) Safeguards with regard to patronage in Northern Ireland.
(_b_) Safeguards with regard to the collection of revenue in Northern
Ireland.
(_c_) Safeguards with regard to import and export duties affecting
the trade or industry of Northern Ireland.
(_d_) Safeguards for minorities in Northern Ireland.
(_e_) The settlement of the financial relations between Northern
Ireland and the Irish Free State.
(_f_) The establishment and powers of a local militia in Northern
Ireland and the relation of the Defence Forces of the Irish Free
State and of Northern Ireland respectively.
and if at any such meeting provisions are agreed to, the same shall have
effect as if they were included amongst the provisions subject to which
the powers of the Parliament and Government of the Irish Free State are
to be exercisable in Northern Ireland under Article 14 hereof.
16. Neither the Parliament of the Irish Free State nor the Parliament of
Northern Ireland shall make any law so as either directly or indirectly to
endow any religion or prohibit or restrict the free exercise thereof or
give any preference or impose any disability on account of religious
belief or religious status or affect prejudicially the right of any child
to attend a school receiving public money without attending the religious
instruction at the school or make any discrimination as respects State aid
between schools under the management of different religious denominations
or divert from any religious denomination or any educational institution
any of its property except for public utility purposes and on payment of
compensation.
17. By way of provisional arrangement for the administration of Southern
Ireland during the interval which must elapse between the date hereof and
the constitution of a Parliament and Government of the Irish Free State in
accordance therewith, steps shall be taken forthwith for summoning a
meeting of members of Parliament elected for constituencies in Southern
Ireland since the passing of the Government of Ireland Act, 1920, and for
constituting a provisional Government, and the British Government shall
take the steps necessary to transfer to such provisional Government the
powers and machinery requisite for the discharge of its duties, provided
that every member of such provisional Government shall have signified in
writing his or her acceptance of this instrument. But this arrangement
shall not continue in force beyond the expiration of twelve months from
the date hereof.
18. This instrument shall be submitted forthwith by His Majesty's
Government for the approval of Parliament and by the Irish signatories to
a meeting summoned for the purpose of the members elected to sit in the
House of Commons of Southern Ireland, and if approved shall be ratified by
the necessary legislation.
(Signed)
On behalf of the British Delegation,
D. LLOYD GEORGE.
AUSTEN CHAMBERLAIN.
BIRKENHEAD.
WINSTON S. CHURCHILL.
L. WORTHINGTON-EVANS.
HAMAR GREENWOOD.
GORDON HEWART.
On behalf of the Irish Delegation,
ART O GRIOBHTHA. (ARTHUR GRIFFITH).
MICHAL O COILEAIN.
RIOBARD BARTUN.
E. S. O DUGAIN.
SEORSA GHABHAIN UI DHUBHTHAIGH.
6th December, 1921.
ANNEX.
1. The following are the specific facilities required.
DOCKYARD PORT AT BEREHAVEN.
(_a_) Admiralty property and rights to be retained as at the date
hereof. Harbour defences to remain in charge of British care and
maintenance parties.
QUEENSTOWN.
(_b_) Harbour defences to remain in charge of British care and
maintenance parties. Certain mooring buoys to be retained for use of
His Majesty's ships.
BELFAST LOUGH.
(_c_) Harbour defences to remain in charge of British care and
maintenance parties.
LOUGH SWILLY.
(_d_) Harbour defences to remain in charge of British care and
maintenance parties.
AVIATION.
(_e_) Facilities in the neighbourhood of the above ports for coastal
defence by air.
OIL FUEL STORAGE.
(_f_) Haulbowline - {To be offered for sale to commercial
{companies under guarantee that
Rathmullen - {purchasers shall maintain a certain
{minimum stock for Admiralty purposes.
2. A convention shall be made between the British Government and the
Government of the Irish Free State to give effect to the following
conditions:--
(_a_) That submarine cables shall not be landed or wireless stations
for communication with places outside Ireland be established except
by agreement with the British Government; that the existing cable
landing rights and wireless concessions shall not be withdrawn except
by agreement with the British Government; and that the British
Government shall be entitled to land additional submarine cables or
establish additional wireless stations for communication with places
outside Ireland:
(_b_) That lighthouses, buoys, beacons, and any navigational marks or
navigational aids shall be maintained by the Government of the Irish
Free State as at the date hereof and shall not be removed or added to
except by agreement with the British Government:
(_c_) The war signal stations shall be closed down and left in charge
of care and maintenance parties, the Government of the Irish Free
State being offered the option of taking them over and working them
for commercial purposes subject to Admiralty inspection and
guaranteeing the upkeep of existing telegraphic communication
therewith.
3. A Convention shall be made between the same Governments for the
regulation of Civil Communication by Air.
D. L. G.
A. C.
B.
W. S. C.
M. O. C.
Transcriber's Notes:
Passages in italics are indicated by _underscore_.
The following misprints have been corrected:
"moveover" corrected to "moreover" (page 28)
"Confederateion" corrected to "Confederation" (page 38)
"minorites" corrected to "minorities" (page 49)
"majorites" corrected to "majorities" (page 49)
"Commitee's" corrected to "Committee's" (page 55)
"Sarorstat" corrected to "Saorstat" (page 91)
End of Project Gutenberg's The Irish Constitution, by Darrell Figgis