CHAPTER IV.

THE HOME RULE PLAN

The Home Rule Bill of 1912 is now before the country, both in the clear

and simple statement of the Prime Minister and in the test of the Bill

itself[37]. The Bill has already passed through the fire of one

Parliamentary debate, and secured one great majority of 94 in the House

of Commons.

What are the general outlines of this great measure? Its central

proposal is the creation of an Irish Parliament, responsible for the

administration of Irish affairs. That Parliament is to consist of a

Senate and a House of Commons, numbering respectively 40 and 164,

guided by an Irish Executive, chosen in the same manner as the British

Imperial Cabinet. Ireland, in other words, is to be governed by

responsible Parliamentary chiefs, commanding a majority in the Irish

House of Commons. In this honest recognition of facts and terms we have

an advance on the vagueness of former proposals. Otherwise, both this

Parliament and this Executive are to have the same liberty and are to

be restrained by almost precisely the same checks and safeguards, in

regard both to religious rights and Imperial sovereignty, as those

which existed in the Home Rule Bills of 1886 and 1893. Ireland is to

retain at Westminster a representation of forty-two members.

What is to happen if the two Irish Chambers differ? According to the

Bill, the Senate is to be nominated, at first by the Imperial

Government, and afterwards by the Irish Parliament, and the members are

to sit by rotation for eight years. The Irish House of Commons, on the

other hand, is to be elected by the same constituencies as at present,

and the membership is to be distributed in proportion to the

population--an arrangement which will give Ulster fifty-nine

representatives.[38] It is clear that under those conditions a powerful

Irish Government remaining in office beyond a certain period would have

command of both Houses, as indeed happens at present under similar

conditions both in Canada and New Zealand.[39] But if one Party should

hold power for a prolonged period, and then give place to another, the

new Government will find itself, as Mr. Borden finds himself in Canada

at present, restrained from precipitate change by an Upper House

nominated by his predecessors.

What would happen in that case? To settle that problem, the Home Rule

Bill contains a clause[40] adopting the provisions of the South Africa

Act, enabling both Houses to hold a joint sitting, in which the

majority will prevail. As long as that provision holds, it matters very

little whether the Upper Chamber is nominated or is elected, as some

propose, by proportional representation. In either case, the Irish

House of Commons will be the real governing body, as indeed it must be

if the Irish Executive is to be properly responsible, and the new Irish

Constitution to work smoothly.

So much for the general provisions of the present Bill. The details as

to safe-guards and exclusions will be found in the full text of the

Bill contained in Appendix A, and I shall leave the question of finance

to the chapter specifically devoted to that subject.

Let us turn now to the chief arguments against the measure as set forth

in the recent debate, and as expressed with ability and power in a

pamphlet entitled "Against Home Rule," to which practically all the

chief leaders of the Unionist cause contribute articles[41]. Apart from

the Ulster case, dealt with in a previous chapter, the main argument

seems to be that the English people have not been sufficiently

consulted. "It is all so sudden," said the elderly lady when she

received a proposal from an elderly suitor who had been delaying his

passion for a score or so of years. The same painful outcry comes from

the Unionist Party twenty-seven years after the first beginning of the

discussions of Home Rule in this country.

One can imagine, indeed, that a foreign visitor, coming to this land in

ignorance of the past of English politics, would suppose that the Home

Rule controversy had now arisen for the first time. Attending Unionist

meetings, he would hear an immense amount of eloquence devoted to the

wrongs of the English people in being rushed into a premature decision,

and being asked to give judgment without proper trial. The Home Rulers

would be represented to him as men of rash and precipitate temper, who

wanted to bring about in a few months a change which would affect the

United Kingdom for centuries. And finally he would hear men thanking

God that there existed a House of Lords which, in spite of the

machinations of the Home Rulers, could still give the British public

two more years to ruminate over the question of Home Rule.

He would naturally gather from this that the proposal of Home Rule for

Ireland had come upon this country with entire freshness, and had never

before been discussed among rational men. Filled with this impression

he might perhaps be surprised if he obtained the chance of hearing the

"still, small voice" of truth through the clamour and the uproar, to

discover that this plan of Home Rule was not born yesterday, but no

less than twenty-five years ago. He would find that for a whole

generation every nook and cranny of this proposal has been meticulously

explored, and that there have been on this subject thousands, if not

millions, of speeches and leading articles, hundreds of books, and

dozens of Parliamentary debates. He would even learn from many

politicians that their chief difficulty was the utter boredom of their

constituents over a subject which has been worn down by argument to the

very threads.

But he would be more surprised than all to discover that this proposal

had already been considered in at least four General Elections--1886,

1892, and the two elections of 1910.[42] "It has been deliberately

rejected by the people on two occasions" would be the cry which he

would hear most commonly from his Tory friends, and he would find that

they referred to the elections of 1886 and 1895. Our friend the

foreigner would naturally be impressed by that argument. But what would

be his amazement to discover that his informants had forgotten to

enlighten him on the equally important fact that Home Rule had been

definitely accepted and approved by the British electorate, not in two,

but in three elections--the election of 1892 and the two elections of

1910? He would discover that on all these three occasions the subject

had been definitely placed before them, that on all three occasions the

electorate had definitely supported Home Rule, by majorities varying

from forty in 1892 to 124 in December, 1910. As to the other General

Elections, might not our foreigner reflect that if an electorate were

really to discover that its vote for the approval of a measure was

treated--as in 1892--with indifference, it might naturally weary of

well-doing?

Might he not even, if he were a shrewd man, suspect that that was the

very object and aim which his informants had in view?

But perhaps his surprise would reach its highest point when he

discovered that this Home Rule proposal, so far from appearing now for

the first time in a definite form, had actually twice before taken the

definite and statutory form of Home Rule Bills, both the specific and

considered proposals of Liberal Governments, both fully drafted and

laid before Parliament, and both still to be purchased at any

Government printers. The first of these Bills, the Bill of 1886, was,

indeed, rejected by the House of Commons on the second reading, and

never ran the gauntlet of full Parliamentary debate. But the second,

the Bill of 1893, occupied fully five months of Parliamentary time, and

was carried successfully by Mr. Gladstone through all its stages in the

House of Commons. It was amended on many points without the

interference of Government authority. It presents a full scheme of

self-government for Ireland, so clearly and minutely considered as to

provide an efficient and reasoned basis for the measure of 1912.

THE BILLS OF 1886 AND 1893

The aim of both these great measures--the Bills of 1886 and 1893--was

to give the Irish control of their own local affairs and to distinguish

as clearly as possible between those affairs and Imperial matters. The

method chosen in both Bills is to follow the Parnell scheme of

enumerating the subjects excluded from the legislative power of the

Irish Parliament. The excluding clause became considerably enlarged in

the Bill of 1893 as it was left by the House of Commons. The 1893 Bill

also contains a far more definite and stronger assertion of Imperial

authority, which is inserted twice--first in the Preamble, and then in

the second clause of the Bill.[43]

In both Bills there was a safeguarding clause as well as an excluding

clause. The safeguarding clause also grew considerably between 1886 and

1893. It is almost entirely directed to preventing the Irish

Legislature from establishing any new religious privileges, or

interfering with any existing religious rights. The clause, as it

emerged in 1893, not only forbade any new establishment or endowment of

religion, but seemed to leave the claims of all denominations precisely

as they stand at present.

This safeguarding clause reappears in the Bill of 1912, but it has been

shortened and redrafted by the Government. It contains very important

additional safeguards to prevent the adoption by the Irish civil power

of the principles contained in the recent Papal Decrees against mixed

marriages, and in regard to the right of Catholic clergy to claim

exclusion from the courts of justice. The Irish Parliament will be

debarred from acting on these decrees, and thus the whole agitation

against "Ne Temere" falls to the ground.

THE TWO CHAMBERS

The 1886 Bill established, as we have seen, an arrangement by which

Ireland should be governed by one legislative body consisting of two

orders, a first and a second. These orders were to deliberate and vote

together, except in regard to matters which should come directly under

the Home Rule Act, amendments of the Act, or Standing Orders in

pursuance of the Act. In such cases the first order possessed the right

of voting separately, and seemed to possess an absolute veto.

The first order of the legislative body created by the 1886 Bill

consisted of 103 members, of whom 75 were elected members and 28

peerage members. The elected members were to be chosen under a

restricted suffrage, and the peerage members were to be the

representative Irish Peers. The second order was to consist of 204

members, elected under the existing franchise.

All this was rather complicated and confusing, and was, perhaps

rightly, brushed aside by the framers of the 1893 Bill. They

constituted the Irish Legislature on the model of an ordinary Colonial

Parliament with two Chambers--a Legislative Assembly and a Legislative

Council. The Legislative Council was to consist of 48 members, elected

by large constituencies voting under a £20 property franchise. The

Legislative Assembly was to consist of 103 members, elected by the

existing constituencies under the existing franchise. In cases of

disagreement between the two Houses, it was proposed that, either after

a dissolution or after a period of two years, the Houses were to vote

together, and that the majority vote should decide the matter. Since

1893 that provision, in almost precisely the same form, has been

adopted by the Australian Commonwealth, and, in a more progressive

form, by, the South African Parliament.

In the Bill of 1912 these provisions of 1893 reappear, but in a broader

and more liberal form. The Irish Legislative Assembly and Legislative

Council--names which seem to give to Ireland a position of a

subordinate--have given way, as we have seen, to the frank and

generous titles of Senate and House of Commons, both forming the Irish

Parliament. The machinery for settling disagreements has come back from

its journey round the world refreshed by a new draft of democracy,

imbibed from the climates of Australia and South Africa. In cases of

differences between the Assemblies they will meet and decide by common

vote, without the necessity of a dissolution. That is a great and

important simplification, and for it the Irish have to thank the genius

of the founders of the South African Constitution.

IN OR OUT?

Every student of the Home Rule question knows that Mr. Gladstone

several times varied his proposals in regard to the Irish

representation at Westminster. The Irish Party were, from the

beginning, indifferent on the point; but it was quite clear that this

was a matter vitally affecting Imperial interests. The first proposal

grafted into the Bill of 1886 was that the Irish should cease to attend

at Westminster altogether. But, after seven years of consideration,

there grew up a general agreement that the entire absence of the Irish

Party at Westminster might create a series of difficult relations

between the Parliaments, and might even gradually lead to separation.

The first proposal of the Bill of 1893 was that the Irish members

should attend in slightly reduced numbers and vote at Westminster only

on Irish concerns. But this proposal--known as the "In and Out"

clause--found little favour in debate, and suffered severely at the

hands of Mr. Chamberlain. Mr. Gladstone finally left the matter to the

judgment of the House of Commons, and--after a severe Parliamentary

crisis, in which the Government narrowly escaped destruction--it was

decided that 80 Irish members should sit in the British House of

Commons without any restriction of their power or authority.

In the Bill of 1912 the solution finally reached in 1893 is again

adopted, with one vital difference--that the Irish members to be

summoned to Westminster will be reduced not to 80, but to 42. Those

members will possess full Parliamentary powers, as indeed it is right

and necessary they should, as long as the Parliament at Westminster

continues to exercise such large powers over Ireland. But Mr. Asquith

threw out the suggestion that the British House of Commons should, by

its Standing Orders, arrange for a further delegation of Parliamentary

power to national groups. The House of Commons has already a Scotch

Committee, and to that might be added an English Committee and a Welsh

Committee. It would be a serious thing for the central body to

over-ride the opinions of these committees.

But Mr. Asquith also threw out an even more important hint as to the

future development of the Home Rule policy. It is clear that if the

Irish Home Rule Bill is simply the first stage in a process which will

lead to the creation of Home Rule Parliaments for local affairs in

Scotland, England and Wales, then such slight control as the 42 Irish

members may retain over British affairs will be only temporary. What,

then, is the present Parliamentary relationship between Irish Home Rule

and the Federal idea?

THE NEW FEDERALISM

Since the year 1893 there has been a great change of feeling in regard

to the whole Home Rule question. The British Parliament has gone

through a great crisis in its procedure, and it has, for the moment,

accepted a temporary way out in the form of a drastic use of the

closure, applied by Mr. Balfour, under Standing Orders, to so vital a

matter as Supply. That violent remedy known as the "Compartment

Closure" is now almost automatically extended by both parties, under

the very thin veil of liberty left by a special resolution, to almost

every great measure that comes before the House of Commons.

This development of the British Parliamentary system has created a new

outlook on the Home Rule question. The case of Ireland still stands by

itself, with great grievances and strong historical claims behind it.

Home Rule for Ireland will always have a peculiar urgency, arising from

conditions of geographical position. But the passion for Irish liberty

is now mingled in the average British mind with the passion for the

liberty of the British House of Commons. It is recognised that unless

Ireland is freed the British Parliament will remain in chains.

This new attitude has widened the outlook of Home Rulers until Home

Rule has ceased to be a merely Irish question. Nothing was more

dramatic during the recent debates over the Insurance Bill than the

sudden wave of federal feeling in the House of Commons which compelled

the Government to grant a separate administrative insurance authority,

not merely to Ireland, but also to Scotland and Wales. Similarly with

Home Rule. What was in 1893 only a pale glimmer of foresight, is with

many, in the year 1912, a passionate conviction. It is that after Home

Rule has been given to Ireland it must be extended also to Scotland,

Wales, and possibly England.

Now it would be plainly useless to grant Home Rule to any of these

countries until there is a wider and deeper demand for it. The issue of

Home Rule for Ireland was definitely raised in both the elections of

1910, and when the people gave their votes they knew, and were

actually warned by Mr. Balfour himself, and by most of the other

Unionist chiefs, that the result would be the creation of a Home Rule

Parliament in Ireland. But it cannot be said that the same proposal was

so definitely and effectively put forward in regard to Scotland and

Wales. In both those countries there is a very widespread desire for

Home Rule. But there has not yet been any definite democratic vote on

that desire. It may be necessary, therefore, to delay the extension of

Home Rule to those countries. But the desire is sufficiently strong

both in Scotland and in Wales to justify the Government in so framing a

Home Rule Bill as to enable those other parts of the United Kingdom to

be brought under its provisions in due time. There is a strict analogy

for that proceeding in the North America Act of 1867, which created the

Dominion of Canada. That Act joined together three provinces at first,

but left the door open for other provinces to come in. They have since

come in, one by one--all except the island of Newfoundland--until the

great federation of States which we now know as the Canadian Dominion

has been gradually built up.[44]

What follows from all this? Surely that a Home Rule Bill for Ireland

must be so framed as to render it a possible basis of a federal

Constitution in the near future. But if the Irish members were entirely

excluded from the British Parliament, as in 1886, then we should be

turning our backs on Federalism. The only analogy to such a

Constitution would be that of Austria-Hungary, where two countries are

united in one Government, but work through two Parliaments. Lord Morley

tells us that Mr. Parnell was very anxious to imitate in the 1886 Bill

the ingenious machinery of "Delegations," by which the relations of the

Austrian and Hungarian Parliaments combine for common affairs.[45]

There is much to be said for that machinery in Austria-Hungary,

strongly binding together two countries which must otherwise have

inevitably drifted asunder. But Mr. Parnell was thinking only of

Ireland, and he was not a Federalist. We are thinking of the whole

United Kingdom, and many of us are Federalists. The machinery of

"Delegations" therefore would not suit our purpose.

What seems to be required ultimately at Westminster is a small

Parliament devoted to Imperial affairs--Imperial finance, Imperial

legislation, and Imperial administration--and leaving to subordinate

Parliaments the administration of local matters. Many are firmly

convinced that in that way the United Kingdom would become a more

successful and efficient country, with legislation better adapted to

the needs of its inhabitants, and with a mind more free for the

consideration of great Imperial affairs. This now seems to them the

only way to produce order out of the present constitutional chaos.

What, then, are the lines that should be followed if we are to go

forward to that goal? An Imperial Parliament of that nature would

probably be a smaller assembly than the present House of Commons,

which is far too large for modern conditions. There is, therefore, good

ground for reducing the representation of Ireland to 42, or 38 less

than in 1893. That will clear the way for a future Imperial assembly of

between 300 and 400, it being understood that as each section of the

United Kingdom obtains its own Home Rule Parliament it will consent to

have its representation at Westminster reduced in proportion.

As long as the present system of Cabinet Government resting on

majorities exists--and it is the only conceivable system for a

completely self-governing democracy--it still seems, as it seemed to

the men of 1893, impossible to agree to any "in and out" arrangement.

Under such a plan the Government might possess a majority on Imperial

or English affairs, while it could be out-voted on Irish affairs.

Although such a situation might conceivably work for a time, it might

come to a sudden deadlock in a moment of emergency. It seems best,

therefore, that the 42 Irish members at Westminster should possess full

voting powers. If any Liberal dreads the prospect of having 42 Irish

members still possibly giving votes hostile to Liberal views--say, on

education--I would ask him to remember that the Liberal Party will not

have to mourn the loss of Irish votes still almost certain to be cast

in their favour on behalf of many democratic measures.

* * * * *

The prospect of this larger federal settlement opens a larger vision

than that of 1886 or 1893. Strangely enough, it is the same vision as

that sketched by Mr. Joseph Chamberlain in the daring speech which he

made on the second reading of the Home Rule Bill of 1886:--

"In my view the solution of this question should be sought in

some form of federation, which would really maintain the

Imperial unity, and which would, at the same time, conciliate

the desire for a national local government which is felt so

strongly in Ireland. I say I believe it is on this line, and

not on the line of our relations with our self-governing

Colonies, that it is possible to seek for and to find a

solution of this difficulty."[46]

* * * * *

FOOTNOTES:

[37] See Appendix A for the text of the 1912 Bill.

[38] It is proposed that the representation be divided as

follows:--Ulster, 59 members; Leinster, 41; Munster, 37; Connaught, 25;

The Universities, 2; making a total of 164.

[39] In Canada the Senators are selected for life. Since 1891 the New

Zealand Senators are selected for seven years only.

[40] See Appendix C.

[41] "Against Home Rule." London: Warne and Co., 1/-net.

[42] Home Rule was not properly debated in the General Election of

1895, which turned on other issues, and in the General Elections of

1900 and 1906 it was laid aside by common consent.

[43] See Appendix D.

[44] The 146th clause of the British North America Act (1867) reads as

follows:--

ADMISSION OF OTHER COLONIES.

"It shall be lawful for the Queen, by and with the advice of Her

Majesty's Most Honourable Privy Council, on Addresses from the Houses

of Parliament of Canada, and from the Houses of the respective

Legislatures of the Colonies or Provinces of Newfoundland, Prince

Edward Island, and British Columbia, to admit those Colonies or

Provinces, or any of them, into the Union, and on Address from the

Houses of Parliament of Canada to admit Ruperts Land and the North

Western Territory, or either of them, into the Union, on such terms and

conditions in each case as are in the Addresses expressed, and as the

Queen thinks fit to approve, subject to the provisions of this Act: and

the provisions of any Order in Council in that behalf shall have effect

as if they had been enacted by the Parliament of the United Kingdom of

Great Britain and Ireland."

[45] For a description of this machinery see Chap. IX., "Home Rule in

the World," p. 121.

[46] April 9th, 1886.

HOME RULE DIFFICULTIES

ULSTER

"Violent measures have been threatened. I think the best

compliment I can pay to those who have threatened us is to take

no notice whatever of the threats, but to treat them as

momentary ebullitions, which will pass away with the fears from

which they spring, and at the same time to adopt on our part

every reasonable measure for disarming those fears."

* * * * *

"Sir, I cannot allow it to be said that a Protestant minority

in Ulster or elsewhere is to rule the question for Ireland. I

am aware of no constitutional doctrine on which such a

conclusion could be adopted or justified. But I think that the

Protestant minority should have its wishes considered to the

utmost practicable extent in any form which they may assume."

GLADSTONE (1893).

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