SECTION V.--TRANSITORY PROVISIONS.

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them shall have been repealed or amended by enactment of the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

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