CHAPTER X.

HOME RULE FINANCE

Home Rule finance is already the subject of a whole library of books

and pamphlets, and there is some danger that the money question may

occupy a place out of all perspective and proportion in the coming

controversy. Men quarrel over money very easily, and some of the

fiercest opponents of Home Rule still imagine that they can silence the

Home Rulers by talking "money" at the top of their voices. But the Home

Rulers must not be drawn into that net. They must refuse to view this

matter as a question merely of book-keeping and accounts. They must

remember always that the financial difficulty is simply another

statement of the fact of Irish poverty, and that Irish poverty is due

to the Act of Union. It is not any financial arrangement, but Home Rule

itself, that will cure the difficulties of Irish finance.

On the one side, the English are being told that they are going to be

bled white in order to please Ireland. On the other side, the Irish are

being warned by their extremists that England hopes to undo the effects

of Home Rule by a dowry of impoverishment. On both sides of the Channel

the enemies of Home Rule hope to use this as a weapon to defeat the

cause. Let us, therefore, keep our heads, and look at the problem

calmly and sanely.

What is the present position in regard to Irish finance? It has totally

changed since 1893. It follows, therefore, that the financial proposals

of the 1886 and the 1893 Bills are of little value to us as a guide to

the policy of 1912.[72] In those days the British Government could

cheerfully propose a fixed contribution of over £4,000,000 from the new

Irish Parliament, as in the Bill of 1886, or an allocation of one-third

of the general revenue of Ireland, for Imperial expenditure, as in the

Bill of 1893. Lord Morley has told us that in 1886 Mr. Parnell was

gravely disturbed over the finance proposals of Mr. Gladstone. We

thought him unreasonable at the time, and perhaps a little mean. I can

remember Liberals saying hard things about the Irish attitude in those

days. But the events that have occurred since prove that Mr. Parnell,

on that occasion, was only exercising his customary shrewdness. He saw

to the root of the matter. He was evidently possessed with the fear

that he might be saddled with a poverty-stricken Home Rule Parliament,

and the course of events since 1886 has somewhat justified his fear.

THE NEW IRISH DEFICIT

For since 1886, two events have happened. The first has been that

Ireland instead of being the creditor is now the debtor of England. The

most recent Treasury estimate, as given by Mr. Asquith in his first

reading speech on the Home Rule Bill of 1912 gives the true deficit of

Ireland for 1912-3 at £1,500,000. I am aware that the Treasury

estimates are open to many criticisms, which have been brilliantly

stated by Professor Kettle in his handbook on "Home Rule Finance,"[73]

but for our present purposes we are bound to accept these figures.

What do they show? In the first place, they fully bear out the forecast

of the Financial Relations Commission that the position of Ireland

under the Act of Union would become steadily worse. We have probably

not yet reached the bottom of the hill. Ireland is so poor that each

new Act for the relief of poverty increases the disproportion between

the expenditure of Great Britain and Ireland. There is no way out of

that vicious circle. If England were to increase Irish taxation she

would simply increase the poverty which she has to relieve. During the

last fifty years, in fact, the British Government has had to give back

in some form of relief an equivalent for almost every increase of

taxation enforced upon Ireland. If Ireland cannot pay, England must

pay. That means that unless Home Rule is given during the next twenty

years Ireland will become an increasingly heavy charge upon Great

Britain.

In face of these facts, it is clear that Great Britain will be wise to

"cut the loss." Considerable scorn has been thrown on the suggestion

made by Professor Kettle and others that Great Britain should present

Ireland with a dowry of £20,000,000 on the occasion of setting up a

Home Rule Parliament. Mr. Kettle called it a "wedding present," to

which Mr. F.E. Smith retaliated with some humour that it was really a

"separation allowance." Mr. Kettle has since replied with even better

humour that as Home Rule is the only true marriage between the nations

his description is the more correct. This is all a pretty play of wit,

but we must not allow it to conceal from us the fact that if John Bull

deals generously with Ireland at this present moment he will be playing

the part, not merely of a philanthropist, but of a good business man.

There are many ways in which this generosity can be shown. A big

capital sum of money would probably be bad both for England and for

Ireland. It would give Ireland a sense of dependence, and it would

leave England with a sense of injury. There are many other better ways

of making this financial adjustment. The charge which has turned

Ireland into a debtor to England, for instance, is the £2,500,000 drawn

from the Imperial Exchequer for Irish Old-age Pensions. The men and

women who are receiving those pensions are the veterans of the famine

period, and England has a special obligation towards them.

The Home Rule Bill of 1912 provides that these old age pensions should

be kept for the moment as an Imperial charge. That will be both a

generous and humane provision.

Another proposal made by Irish financial reformers is that the Royal

Irish Constabulary, a force which costs £1,370,000 a year, should be

regarded and paid for as an Imperial force. The argument is that the

Royal Irish Constabulary was created in the interests of the English

garrison--was, in fact, an army of occupation, which, since the new

settlement of the Irish land question, has become, in Mr. Kettle's

witty phrase, an "army of no occupation."

That proposal is not adopted in the Home Rule Bill of 1912. The force

is kept under the control of the British Government for six years, and

it will then be handed over to Ireland. In the meantime, it will be

paid for out of the money reserved from Irish revenue by the Imperial

Government. We shall have to wait, therefore, for six years before the

Irish Government is able to apply economy to what is perhaps the most

expensive and most extravagant service in the whole administration of

Ireland.

The general financial proposals of the 1912 Bill are as follows:--

The British Treasury takes the Irish revenue and divides it into three

portions. The first is the postal revenue, which will be both collected

and controlled by the Irish Government, as the Post Office will be

handed over immediately. The second is the "transferred" revenue,

amounting to £6,350,000, which is the estimated cost of the services

delegated to the Irish Parliament, such as the Civil Service, the

payment of judges, and so forth. This revenue will still be collected

by the Imperial Government, but handed over to Ireland. The third

portion will be the "reserved" revenue, consisting of the amount

retained by the British Treasury for the services over which it will

retain control. Those services will be as follows:--

£

Old Age Pensions 2,660,000

National Insurance 190,000

Land Purchase 616,000

Constabulary (Royal Irish) 1,380,000

Collection of Revenue 300,000

---------

5,146,000

---------

This leaves the profit and loss account for Great Britain as follows:--

Receipts. Expenditure.

£9,485,000 On "Reserved Services" £5,046,000

On "Transferred Sum" 6,350,000

-----------

£11,396,000

-----------

The upshot is that the British deficit, which stands at present at

£1,500,000, will rise to £1,911,000. That will be covered by a grant of

£500,000 a year. That grant will be reduced annually by decrements of

£50,000 until it reaches £200,000.

There is no need for the British taxpayer to be alarmed at this

balance-sheet. The essential fact is that Home Rule will work steadily

on the side of thrift and saving. The substantial points are--(1) that

pensions will from this time forward steadily decrease; (2) that the

Royal Irish Constabulary will be diminished; and (3) that any increase

in the prosperity of Ireland will result in an increasing yield of

taxation collected by the British Treasury and devoted to the benefit

of the British taxpayer. The British taxpayer, in a word, is thoroughly

well looked after.

Doubtless these proposals will be subjected to much criticism in

committee, and no one would pretend that they could not be improved in

detail. It might be argued, for instance, that it would be better for

Great Britain to make herself responsible for the Royal Irish

Constabulary as an Imperial charge, and therefore have a motive for

reducing it. That action might be taken as a generous substitute for

the bonus of £500,000 a year, which may possibly not produce favourable

effects on the relations between the two countries. As against the

extra charge to the British Treasury, you would have the fact that the

British Government could immediately proceed to reduce the

Constabulary.

But once give Ireland a chance by some such settlement as this, and

then the main problem of finance will solve itself. For we cannot

ignore one very important aspect of that problem--the extravagance of

Irish government. One of the most startling revelations of the

Financial Commission Report was that Ireland, a poor country, cost

twice as much to govern as Belgium, a country of nearly twice the

population. Mr. Kettle has shown since that the Civil Service of

Ireland is four times as great, and costs more than four times as much,

as the Civil Service of Scotland.[74]

Why is this? Because at the present moment two systems of government

are existing in Ireland side by side--the old and the new. The old is

for the most part an encumbrance and an impediment, but the new is

required for doing the work of land purchase and agricultural

development. Ireland is like a household into which a new staff of

servants is being imported, while nobody dares to disturb the old.

Could there be a more extravagant way of governing a country?

The only way to put that house in order is to give it Home Rule. All

the rights of existing civil servants must be respected, and therefore

the saving on that account will only be gradual. Mr. Kettle estimates

it at £700,000 within a reasonable time. That is probably even an

under-estimate. For once this kind of saving begins, it soon tells on a

nation's expenditure. Ireland is at present governed from the point of

view of the place-hunters. Once Ireland begins to be governed from the

point of view of the Irish people, then the reign of extravagance will

be at an end.

Once the Home Rule Parliament is set up we shall be able to distinguish

clearly between Ireland's local and her Imperial obligations. We shall

hear much indignant talk against any proposal that Ireland shall pay

less than her full proportional contribution for Imperial Defence.

Those who are so moved on this question seem to forget that the British

Colonies pay practically nothing. Yet we have never heard that they

are paupers on that account. They certainly derive more from the

Empire than Ireland. Therefore, there would be nothing either degrading

or unjust even if Ireland were relieved from all Imperial expenditure

for a term of years. For Ireland requires time to recover from the

impoverishment of the past, and it may be wise to give her that time.

But once that time is over, the Irish Parliament will probably wish to

follow in the steps of the Grattan Parliament, and contribute her

honest due to the Empire of which she will be a part. But that due must

be paid, not out of deficit, but out of surplus. As long as Ireland has

a deficit produced by poverty, it is absurd to talk to her about

Empire. Once she has a surplus--and a surplus will soon come with the

working of Home Rule--then she will play her part in a manly way.

For we must never forget that Home Rule in itself is a great financial

asset. During the brief period of the Grattan Parliament, as we have

seen, Ireland doubled her exports. During that time the Parliament

carried out public works in every part of Ireland, and industry throve.

Those things cannot be done by an absentee Parliament. They can only be

done by a Parliament on the spot. They are intensely and earnestly

needed by Ireland at present. For Ireland is largely an industrial

derelict, waiting for the restoring hand of a central governing power.

It is impossible to put this aspect of the matter into figures. Here we

must move in faith. But we cannot see this matter clearly unless we

believe firmly--as we have every justification for believing--that Home

Rule means wealth to Ireland.

THE FINANCIAL COMMISSION

But we have to remember that since 1893 a great and authoritative

Financial Commission has reported that England stands in debt to

Ireland.

The British public has never quite realised what the Report of 1896

signified, or quite understood the effect which it produced on the

Irish nation. The Financial Relations Commission was a body created by

the Liberal Government in 1894, soon after the defeat of the Home Rule

Bill, and partly as a consequence of that defeat. It consisted of

fifteen of the ablest financiers in the United Kingdom, including two

great Treasury Chiefs, Lord Farrer and Lord Welby, Sir Robert Hamilton,

Sir David Barbour, and that great Parliamentary financial expert Mr.

W.A. Hunter. The chair was occupied by an ex-Chancellor of the

Exchequer, Mr. Childers.[75] The Commission sat for two years, and

carried out a most searching investigation. They reported in 1896.

Their united Report consists of only two pages in the Blue Book,[76]

and the essence of it is contained in five short paragraphs, as

follows:--

(1) That Great Britain and Ireland must, for the purpose of

this inquiry, be considered as separate entities.

(2) That the Act of Union imposed upon Ireland a burden which,

as events showed, she was unable to bear.

(3) That the increase of taxation laid upon Ireland between

1853 and 1860 was not justified by the then existing

circumstances.

(4) That identity of rates of taxation does not necessarily

involve equality of burden.

(5) That whilst the actual tax revenue of Ireland is about

one-eleventh of that of Great Britain, the relative taxable

capacity of Ireland is very much smaller, and is not estimated

by any of us as exceeding one-twentieth.

Now, what does this amount to? As worked out in the various minority

reports, it means that, in the opinion of this Commission, Ireland has

been over-taxed for many years at the rate of over £2,000,000 a year.

As to the precise sum the Commissioners differ. Some went as high as

£3,500,000, others down to £2,000,000, but all, except Sir Thomas

Sutherland and Sir David Barbour, set it at about £2,000,000. Mr.

Childers, unhappily, died before the close of the Commission. But he

wrote an epoch-making Report, in which he estimated the excess of

taxation at £2,250,000.[77]

Now, it is useless to make light of this Report. It was the solemn

judgment of the highest financiers of the day on the financial workings

of the Act of Union. If we turn back to the debates in Parliament in

1800, especially to the speeches of Pitt, prophesying that the Act of

Union would take the wealth of England across St. George's Channel, and

apply it to Ireland, we cannot escape some sombre reflections on the

short-sightedness of great statesmen. Pitt's judgment was disturbed by

the existence of a war with France, which created in him an intense

desire to unite the two countries. Otherwise he would probably have

foreseen that for a rich partner to unite his finances with a poor

partner certainly meant bankruptcy for the one, and probably, in the

end, also ruin for the other. Taking the nineteenth century as a whole,

the fundamental financial error has been this--that Ireland has been

taxed on the theory of equality with England in point of wealth. That

equality has not existed. What was a light burden for the one country

has proved for the other a burden too heavy to be borne.

The result has been that Ireland, being continually overtaxed, has sunk

steadily in her resources, and has gradually become less and less of a

taxable country. The taxes have returned less and less, and have had to

be returned in the form of relief of poverty. A crisis in that

situation is now reached, and it is quite clear that we stand at the

parting of two roads. Now that the balance is beginning to work against

England, it is certain that the only alternative to the restoration of

Ireland is the gradual dragging down of England.

It is useless and unjust to argue, in answer to this great Report, that

Ireland ought not to have been regarded as a financial unit at all. Any

country that is an island, and possesses a social organisation of its

own, with a definite relationship between rich and poor, must

necessarily be a financial unit. But even if that were not so, it is

too late to argue the question with any honour. For we must never

forget that the whole financial legislation of the United Kingdom in

regard to Ireland is based upon the Act of Union, which was practically

a solemn treaty between the two countries, passed--we will not say

how--by both the British and the Irish Parliaments. It is the essence

of that treaty that Ireland entered into it upon certain financial

terms, and among those terms was the condition that she should be

treated as a separate financial unit.

This Report, therefore, immensely strengthens the claim of Ireland to

more generous financial terms in 1912 than in 1886 or in 1893.

We want to set up in Ireland a high and strong sense of financial

responsibility. The control therefore, as well as the expenditure, must

be placed as far as possible in Irish hands, and for that purpose the

management, as well as the collection, of Irish taxes ought to be left

as far as possible with the Irish Exchequer that must be set up.

The tendency is started by the principle of the Bill of 1912, and the

policy of the next decade will be to place in Irish hands as rapidly

as possible both the collection and the administration of the finance

for all the great Irish services, including those at present "reserved"

as well as those at present "transferred."

This brings us finally to the vexed problem of Customs and Excise. It

is notorious that the greater part of the Irish revenue--the revenue of

a poor country, derived for the most part through indirect taxation--is

drawn from Customs and Excise.[78]

It is not, perhaps, surprising, therefore, that the Bill of 1912 should

go some way towards meeting the demand that has sprung up in various

quarters, both in Ireland and in England, for the control of customs

and excise by the Irish Parliament. The proposal of the Government is

that we should extend to Ireland, with some variations, what is at

present the financial arrangement in regard to customs and excise

between the British Treasury and the Isle of Man. The first fact to be

remembered quite clearly is that the Irish Parliament is absolutely

debarred from creating any new duty. It will not be able to draw up any

new set of tariffs. In other words, it will have to adapt its revenue

to the general financial policy of the central government, whether that

be a free trade policy or a tariff reform policy. But Ireland is to be

allowed to vary her customs within certain limits. She may, for

instance, reduce her customs to the lowest point, on the only condition

that she loses thereby equivalent revenue. But on the main custom

duties which fall on such articles as tea, sugar, cocoa, tobacco, and

so forth, she cannot raise her customs beyond 10 per cent. The only

exceptions will be beer and spirits, on which Ireland may raise her

customs or her excise to any point that she desires. It will be

necessary, of course, to have rebates or countervailing duties in

regard to articles transferred from Great Britain to Ireland, or _vice

versa_, and to that very slight extent alone will these proposals

affect the trade relations between Ireland and England.

I may add that the same power of reduction or addition will extend both

to income tax and death duties up to the limit of 10 per cent. for

increase--a provision which will safeguard the industries of the North

from being sacrificed to the needs of the South.[79]

Such are the proposals of the 1912 Home Rule Bill. They appear to

present an ingenious compromise between the complete delegation of

customs and excise and the complete centralisation. There are very

serious objections to the complete separation of these duties. One is

that separation of customs has been accepted everywhere as vitally

inconsistent with the Federal idea. No State of the American Union has

separate customs. Even Bavaria, a State of the German Empire which

possesses, as we have seen, a separate army, post office, and national

railways, has no separate customs. Such a plan could, therefore, hardly

fit in with Federalism, as at present realised in any part of the

world. The second objection would be the very grave offence given to

the free trade sentiment of Great Britain, and the very grave injury to

trade between Britain and Ireland, if we were to hand over to Ireland

the right of placing taxes on English goods. Under such circumstances

it would certainly be impossible to persuade the British public to

grant a bonus to Ireland in order to give her the power of taxing

British goods. That would clearly be too great a strain upon the

Christian sentiment even of John Bull.

Parnell, it is well known, felt a strong temptation to make a demand

for separate customs. But he always put it aside as impolitic, probably

on this very ground; and the rise of the Tariff Reform movement since

his death has certainly not weakened those considerations, because it

has led to a corresponding rise of free trade feeling among a large

part of the British public on this side of the Channel.

It is quite clear that the Government's compromise on customs and

excise, ingenious as it is, will be subject to very close and shrewd

criticism. But the first duty of Home Rulers, both in Great Britain and

Ireland, is to avoid the carefully-baited trap of a quarrel on points

of detail. That is the obvious game of the enemies of Home Rule. The

proper policy of every true Home Ruler is to preserve through all the

vicissitudes of those financial discussions a sane and steady

perspective, well knowing that, after all, finance is not really the

true heart of this problem.

THE MIGHTY HOPE

We must not reduce a great human problem to a squabble over

pocket-money. We must in this, too, as in the religious and political

sides of the question, have faith in the result of freedom. We must

believe, as we have every right to believe, that liberty will bring to

Ireland a new power over her resources, and a new skill in using

them--that her magnificent harbours will no longer be silent, or her

rivers empty; that her factories will hum once more with a new life and

industry; that the grass will cease to grow in her streets and on her

wharves, and that the rich and strong will cease to fly from her

shores. All this must be taken into account in any reasonable

calculation of the future. It is just as foolish to err from lack of

faith as it is to blunder from excess of credulity.

For here, indeed, we have an excellent precedent to give us hope. It

was the common evidence of all experts at the time that Ireland grew

greatly richer under the twenty years of Grattan's Parliament. The

future Irish Parliament will, just as it will be more representative,

so supply Ireland with a machine even more efficient than Grattan's

Parliament. If so, we have every reason to suppose that within twenty

years we shall have a richer Ireland, with a far greater taxable

capacity. For can we doubt that the alchemy of liberty will here, too,

even in this sordid realm of finance, repeat its ancient power?

* * * * *

FOOTNOTES:

[72] For these proposals see Appendix D.

[73] For instance, in the absence of Irish Customs the estimates of

true Irish revenue can only be approximate. On the expenditure side,

too, there are grave matters of consideration. For instance, should the

vote for Irish Constabulary be regarded as a local or Imperial charge?

Or Irish judges, or even Irish poverty? It was the definite opinion of

the Financial Relations Commission that until Home Rule was set up

there could be no possible way of distinguishing between local and

Imperial expenditure in Ireland.

[74] There are 4,397 civil servants in Ireland with incomes over £160 a

year, as against 944 for Scotland. (Inland Revenue Report, 1909-1910.)

[75] The members of this Commission were:--The Rt. Hon. Hugh Childers,

Lord Farrer, Lord Welby, the Rt. Hon. O'Conor Don, Sir Robt. Hamilton,

Sir Thomas Sutherland, K.C.M.G., Sir David Barbour, K.C.S.I., the Hon.

Ed. Blake, M.P., Bertram W. Currie, Esq., W.A. Hunter, Esq., M.P., C.E.

Martin, Esq., J.E. Redmond, Esq., M.P., Thomas Sexton, Esq., M.P., and

added in June, 1894, Henry F. Slattery, Esq., and G.W. Wolff, Esq.,

M.P.

[76] C. 8262, price 1s. 10d.

[77] Lord MacDonnell has estimated the total over-payment of Ireland in

the nineteenth century as exceeding £300,000,000.

[78] Out of a total tax-revenue of £24,000,000 from 1906-9 Ireland paid

no less than £18,000,000 in Customs and Excise. (Inland Revenue

Report.)

[79] See the Government Outline of Financial Provisions, Appendix A.

HOME RULE

APPENDICES

A. THE HOME RULE BILL OF 1912.

B. THE SHRINKAGE OF IRELAND.

C. THE ACT OF UNION.

D. THE HOME RULE BILLS OF 1886 AND 1893.

E. THE IRISH BOARD OF AGRICULTURE.

F. THE REDUCTION IN IRISH PAUPERISM.

G. THE LAND LAW (IRELAND) ACT, 1881.

H. THE CONGESTED DISTRICTS BOARD.

J. IRISH CANALS AND RAILWAYS.

K. HOME RULE PARLIAMENTS IN THE BRITISH EMPIRE.

APPENDIX A

THE HOME RULE BILL OF 1912.

A BILL TO

[Sidenote: A.D. 1912.]

AMEND the PROVISION for the Government of Ireland. BE it enacted by the

King'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:--

_Legislative Authority._

[Sidenote: Establishment of Irish Parliament.]

1.--(1) On and after the appointed day there shall be in Ireland an

Irish Parliament consisting of His Majesty the King and two Houses,

namely, the Irish Senate and the Irish House of Commons.

(2) Notwithstanding the establishment of the Irish Parliament or

anything contained in this Act, the supreme power and authority of the

Parliament of the United Kingdom shall remain unaffected and

undiminished over all persons, matters, and things within His Majesty's

dominions.

[Sidenote: Legislative powers of Irish Parliament.]

2. Subject to the provisions of this Act, the Irish Parliament shall

have power to make laws for the peace, order, and government of Ireland

with the following limitations, namely, that they shall not have power

to make laws except in respect of matters exclusively relating to

Ireland or some part thereof, and (without prejudice to that general

limitation) that they shall not have power to make laws in respect of

the following matters in particular, or any of them, namely--

(1) The Crown, or the succession to the Crown, or a Regency; or

the Lord Lieutenant except as respects the exercise of his

executive power in relation to Irish services as defined

for the purposes of this Act; or

(2) The making of peace or war or matters arising from a state

of war; or the regulation of the conduct of any portion of

His Majesty's subjects during the existence of hostilities

between Foreign States with which His Majesty is at peace,

in relation to those hostilities; or

(3) The navy, the army, the territorial force, or any other

naval or military force, or the defence of the realm, or any

other naval or military matter; or

(4) Treaties, or any relations, with Foreign States, or

relations with other parts of His Majesty's dominions, or

offences connected with any such treaties or relations, or

procedure connected with the extradition of criminals under

any treaty, or the return of fugitive offenders from or to

any part of His Majesty's dominions; or

(5) Dignities or titles of honour; or

(6) Treason, treason felony, alienage, naturalisation, or aliens

as such; or

(7) Trade with any place out of Ireland (except so far as trade

may be affected by the exercise of the powers of taxation

given to the Irish Parliament, or by the regulation of

importation for the sole purpose of preventing contagious

disease); quarantine; or navigation, including merchant

shipping (except as respects inland waters and local health

or harbour regulations); or

(8) Lighthouses, buoys, or beacons (except so far as they can

consistently with any general Act of the Parliament of the

United Kingdom) be constructed or maintained by a local

harbour authority; or

(9) Coinage; legal tender; or any change in the standard of

weights and measures; or

(10) Trade marks, designs, merchandise marks, copyright, or

patent rights; or

(11) Any of the following matters (in this Act referred to as

reserved matters), namely--

[Sidenote: 8 Edw. 7. c. 40 1 & 2 Geo. 5. c. 16. 1 & 2 Geo. 5. c.

55. 9 Edw. c. 7.]

(a) The general subject-matter of the Acts relating

to Land Purchase in Ireland, the Old Age Pensions Acts,

1908 and 1911, the National Insurance Act, 1911, and

the Labour Exchanges Act, 1909;

(b) The collection of taxes;

(c) The Royal Irish Constabulary and the management

and control of that force;

(d) Post Office Savings Banks, Trustee Savings Banks,

and Friendly Societies; and

(e) Public loans made in Ireland _before the passing

of this Act_:

Provided that the limitation on the powers of the

Irish Parliament under this section shall cease as

respects any such reserved matter if the corresponding

reserved service is transferred to the Irish Government

under the provisions of this Act.

Any law made in contravention of the limitations imposed by this

section shall, so far as it contravenes those limitations, be void.

[Sidenote: Prohibition of laws interfering with religious equality,

&c.]

3. In the exercise of their power to make laws under this Act the Irish

Parliament shall not make a law so as either directly or indirectly to

establish or endow any religion, or prohibit the free exercise thereof,

or give a preference, privilege, or advantage, or impose any disability

or disadvantage, on account of religious belief or religious or

ecclesiastical status, or make any religious belief or religious

ceremony a condition of the validity of any marriage.

Any law made in contravention of the restrictions imposed by this

section shall, so far as it contravenes those restrictions, be void.

_Executive Authority._

[Sidenote: Executive power in Ireland.]

4.--(1) The executive power in Ireland shall continue vested in His

Majesty the King, and nothing in this Act shall affect the exercise of

that power except as respects Irish services as defined for the

purposes of this Act.

(2) As respects those Irish services the Lord Lieutenant or other chief

executive officer or officers for the time being appointed in his

place, on behalf of His Majesty, shall exercise any prerogative or

other executive power of His Majesty the exercise of which may be

delegated to him by His Majesty.

(3) The power so delegated shall be exercised through such Irish

Departments as may be established by Irish Act, or subject thereto, by

the Lord Lieutenant, and the Lord Lieutenant may appoint officers to

administer those Departments, and those officers shall hold office

during the pleasure of the Lord Lieutenant.

(4) The persons who are for the time being heads of such Irish

Departments as may be determined by Irish Act, or, in the absence of

any such determination, by the Lord Lieutenant, and such other persons

(if any) as the Lord Lieutenant may appoint, shall be the Irish

Ministers.

Provided that--

(a) No such person shall be an Irish Minister unless he is a

member of the Privy Council of Ireland; and

(b) No such person shall hold office as an Irish Minister for a

longer period than six months, unless he is or becomes a

member of one of the Houses of the Irish Parliament; and

(c) Any such person not being the head of an Irish Department

shall hold office as an Irish Minister during the pleasure

of the Lord Lieutenant in the same manner as the head of an

Irish Department holds his office.

(5) The persons who are Irish Ministers for the time being shall be an

Executive Committee of the Privy Council of Ireland (in this Act

referred to as the "Executive Committee"), to aid and advise the Lord

Lieutenant in the exercise of his executive power in relation to Irish

services.

(6) For the purposes of this Act, "Irish services" are all public

services in connexion with the administration of the civil government

of Ireland except the administration of matters with respect to which

the Irish Parliament have no power to make laws, including in the

exception all public services in connexion with the administration of

the reserved matters (in this Act referred to as "reserved services").

[Sidenote: Future transfer of certain reserved services.]

5.--(1) The public services in connexion with the administration of the

Acts relating to the Royal Irish Constabulary and the management and

control of that force, shall by virtue of this Act be transferred from

the Government of the United Kingdom to the Irish Government on the

expiration of a period of six years from the appointed day and those

public services shall then cease to be reserved services and become

Irish services.

(2) If a resolution is passed by both Houses of the Irish Parliament

providing for the transfer from the Government of the United Kingdom to

the Irish Government of the following reserved services, namely--

(a) All public services in connexion with the administration of

the Old Age Pensions Acts, 1908 and 1911; or

(b) All public services in connexion with the administration of

Part I. of the National Insurance Act, 1911; or

(c) All public services in connexion with the administration of

Part II. of the National Insurance Act, 1911, and the Labour

Exchanges Act, 1909; or

(d) All public services in connexion with the administration of

Post Office Savings Banks, Trustee Savings Banks, and

Friendly Societies;

the public services to which the resolution relates shall be

transferred accordingly as from a date fixed by the resolution, being a

date not less than a year after the date on which the resolution is

passed, and shall on the transfer taking effect cease to be reserved

services and become Irish services:

Provided that this provision shall not take effect as respects the

transfer of the services in connexion with Post Office Savings Banks,

Trustee Savings Banks, and Friendly Societies until the expiration of

ten years from the appointed day.

(3) On any transfer under or by virtue of this section, the transitory

provisions of this Act (so far as applicable) and the provisions of

this Act as to existing Irish officers shall apply with respect to the

transfer, with the substitution of the date of the transfer for the

appointed day, and of a period of five years from that date for the

transitional period.

_Irish Parliament._

[Sidenote: Summoning, &c., of Irish Parliament.]

6.--(1) There shall be a session of the Irish Parliament once at least

in every year, so that twelve months shall not intervene between the

last sitting of the Parliament in one session and their first sitting

in the next session.

(2) The Lord Lieutenant shall, in His Majesty's name, summon, prorogue,

and dissolve the Irish Parliament.

[Sidenote: Royal assent to Bills of Irish Parliament]

7. The Lord Lieutenant shall give or withhold the assent of His Majesty

to Bills passed by the two Houses of the Irish Parliament, subject to

the following limitations; namely--

(1) He shall comply with any instructions given by His Majesty

in respect of any such Bill; and

(2) He shall, if so directed by His Majesty, postpone giving the

assent of His Majesty to any such Bill presented to him for

assent for such period as His Majesty may direct.

[Sidenote: Composition of Irish Senate.]

8.--(1) The Irish Senate shall consist of forty senators nominated as

respects the first senators by the Lord Lieutenant subject to any

instructions given by His Majesty in respect of the nomination, and

afterwards by the Lord Lieutenant on the advice of the Executive

Committee.

(2) The term of office of every senator shall be eight years, and shall

not be affected by a dissolution; one fourth of the senators shall

retire in every second year, and their seats shall be filled by a new

nomination.

(3) If the place of a senator becomes vacant before the expiration of

his term of office, the Lord Lieutenant shall, unless the place becomes

vacant not more than six months before the expiration of that term of

office, nominate a senator in the stead of the senator whose place is

vacant, but any senator so nominated to fill a vacancy shall hold

office only so long as the senator in whose stead he is nominated would

have held office.

[Sidenote: Composition of Irish House of Commons.]

9.--(1) The Irish House of Commons shall consist of one hundred and

sixty-four members, returned by the constituencies in Ireland named in

the First Part of the First Schedule to this Act in accordance with

that Schedule, and elected by the same electors and in the same manner

as members returned by constituencies in Ireland to serve in the

Parliament of the United Kingdom.

(2) The Irish House of Commons when summoned shall, unless sooner

dissolved, have continuance for five years from the day on which the

summons directs the House to meet and no longer.

(3) After _three years from the passing of this Act_, the Irish

Parliament may alter, as respects the Irish House of Commons, the

qualification of the electors, the mode of election, the

constituencies, and the distribution of the members of the House among

the constituencies, provided that in any new distribution the number of

the members of the House shall not be altered, and due regard shall be

had to the population of the constituencies other than University

constituencies.

[Sidenote: Money Bills.]

10.--(1) Bills appropriating revenue or money, or imposing taxation,

shall originate only in the Irish House of Commons, but a Bill shall

not be taken to appropriate revenue or money, or to impose taxation by

reason only of its containing provisions for the imposition or

appropriation of fines or other pecuniary penalties, or for the payment

or appropriation of fees for licences or fees for services under the

Bill.

(2) The Irish House of Commons shall not adopt or pass any 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 the

vote, resolution, address, or Bill is proposed.

(3) The Irish Senate may not reject any Bill which deals only with the

imposition of taxation or appropriation of revenue or money for the

services of the Irish Government, and may not amend any Bill so far as

the Bill imposes taxation or appropriates revenue or money for the

services of the Irish Government, and the Irish Senate may not amend

any Bill so as to increase any proposed charges or burden on the

people.

(4) Any Bill which appropriates revenue or money for the ordinary

annual services of the Irish Government shall deal only with that

appropriation.

[Sidenote: Disagreement between two Houses of Irish Parliament.]

11.--(1) If the Irish House of Commons pass any Bill and the Irish

Senate reject or fail to pass it, or pass it with amendments to which

the Irish House of Commons will not agree, and if the Irish House of

Commons in the next session again pass the Bill with or without any

amendments which have been made or agreed to by the Irish Senate, and

the Irish Senate reject or fail to pass it, or pass it with amendments

to which the Irish House of Commons will not agree, the Lord Lieutenant

may during that session convene a joint sitting of the members of the

two Houses.

(2) The members present at any such joint sitting may deliberate and

shall vote together upon the Bill as last proposed by the Irish House

of Commons, and upon the amendments (if any) which have been made

therein by the one House and not agreed to by the other; and any such

amendments which are affirmed by a majority of the total number of

members of the two Houses present at the sitting shall be taken to have

been carried.

(3) If the Bill with the amendments (if any) so taken to have been

carried is affirmed by a majority of the total number of members of the

two Houses present at any such sitting, it shall be taken to have been

duly passed by both Houses.

[Sidenote: Privileges, qualifications, &c. of members of Irish

Parliament.]

12.--(1) The powers, privileges, and immunities of the Irish Senate and

of the Irish House of Commons, and of the members and of the committees

of the Irish Senate and the Irish House of Commons, shall be such as

may be defined by Irish Act, but so that they shall never exceed those

for the time being held and enjoyed by the Commons House of Parliament

of the United Kingdom and its members and committees, and, until so

defined, shall be those held and enjoyed by the Commons House of

Parliament of the United Kingdom, and its members and committees at the

date of _the passing of this Act_.

(2) The law, as for the time being in force, relating to the

qualification and disqualification of members of the Commons House of

Parliament of the United Kingdom, and the taking of any oath required

to be taken by a member of that House, shall apply to members of the

Irish House of Commons.

(3) Any peer, whether of the United Kingdom, Great Britain, England,

Scotland, or Ireland, shall be qualified to be a member of either

House.

(4) A member of either House shall be incapable of being nominated or

elected, or of sitting, as a member of the other House, but an Irish

Minister who is a member of either House shall have the right to sit

and speak in both Houses, but shall vote only in the House of which he

is a member.

(5) A member of either House may resign his seat by giving notice of

resignation to the person and in the manner directed by standing orders

of the House, or if there is no such direction, by notice in writing of

resignation sent to the Lord Lieutenant, and his seat shall become

vacant on notice of resignation being given.

(6) The powers of either House shall not be affected by any vacancy

therein, or by any defect in the nomination, election, or

qualification, of any member thereof.

(7) His Majesty may by Order in Council declare that the holders of the

offices in the Irish Executive named in the Order shall not be

disqualified for being members of either House of the Irish Parliament

by reason of holding office under the Crown, and except as otherwise

provided by Irish Act, the Order shall have effect as if it were

enacted in this Act, but on acceptance of any such office the seat of

any such person in the Irish House of Commons shall be vacated unless

he has accepted the office in succession to some other of the said

offices.

_Irish Representation in the House of Commons._

[Sidenote: Representation of Ireland in the House of Commons of the

United Kingdom.]

13. Unless and until the Parliament of the United Kingdom otherwise

determine, the following provisions shall have effect:--

(1) After the appointed day the number of members returned by

constituencies in Ireland to serve in the Parliament of the

United Kingdom shall be forty-two and the constituencies

returning those members shall (in lieu of the existing

constituencies) be the constituencies named in the second

Part of the First Schedule to this Act, and no University

in Ireland shall return a member to the Parliament of the

United Kingdom.

(2) The election laws and the laws relating to the qualification

of parliamentary electors shall not, so far as they relate

to elections of members returned by constituencies in

Ireland to serve in the Parliament of the United Kingdom, be

altered by the Irish Parliament, but this enactment shall

not prevent the Irish Parliament 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

His Majesty by Order in Council to arrange for the issue of

any such writs, and the writs issued in pursuance of the

Order shall be of the same effect as if issued in manner

heretofore accustomed.

* * * * *

So far for the constitutional clauses. The clauses from 14 to 26 are

occupied with finance. They are so technical that it will be more

convenient to substitute the terms of the very clear Memorandum issued

by the Government:--

OUTLINE OF FINANCIAL PROVISIONS.

_Present Irish Revenue and Expenditure._

It is estimated that the revenue to be derived from Ireland in the year

1912-13 will be as follows:--

£

Customs 3,230,000

Excise 3,320,000

Income tax 1,512,000

Estate duties 939,000

Stamps 347,000

Miscellaneous 137,000

Post Office 1,354,000

-----------

Total 10,839,000

-----------

It is estimated that the expenditure for Irish purposes in the year

1912-13 will amount to £12,354,000. The expenditure may be divided for

the purposes of this Memorandum as follows:--

£

All purposes not separately specified 5,462,000

Post Office 1,600,000

Old Age Pensions 2,664,000

Charges under the Land Purchase Acts 761,000

National Insurance and Labour Exchanges 191,500

Royal Irish Constabulary 1,377,500

Collection of revenue 298,000

----------

Total 12,354,000

----------

The expenditure therefore exceeds the revenue by £1,515,000.

It is anticipated that in a period of ten or fifteen years the charges

under the existing Land Purchase Acts will increase by £450,000, and

under the National Insurance Act by £300,000. On the other hand, it is

estimated that within twenty years the cost of Old Age Pensions will

decrease by £200,000.

_Charges upon the Irish Exchequer._

The Bill provides for the establishment of an Irish Exchequer and an

Irish Consolidated Fund.

From the Irish Exchequer will be defrayed the whole of the present and

future cost of Irish government, with the exception of the expenditure

on certain services, termed in the Bill Reserved Services.

_Charges upon the Imperial Exchequer._

The Imperial Government will retain the control, and the Imperial

Exchequer will continue to bear the cost, of the Reserved Services,

namely, Old Age Pensions, National Insurance, Labour Exchanges, Land

Purchase, and Collection of Taxes. For a period of six years the Royal

Irish Constabulary will also be one of the Reserved Services.

There are provisions for the transfer to the Irish Government of

certain of the Reserved Services under the conditions stated below.

_Revenue of the Irish Exchequer._

The Bill provides, in the first instance, for the period during which

the yield of Irish taxes is less than the cost of Irish administration,

and contemplates certain modifications after a financial equilibrium

has been attained.

During that period the revenue of the Irish Exchequer will consist of a

sum transferred annually from the Imperial Exchequer, and termed in the

Bill the Transferred Sum, together with the receipts of the Irish Post

Office.

The Transferred Sum will be fixed at the outset at such amount as will

cover, with the addition of the Post Office revenue, the present

expenditure on Irish Government, with the exception of the cost of the

Reserved Services. Included in the Transferred Sum will also be a

specified sum as surplus. The amount of this surplus will be £500,000

annually for a period of three years, then diminishing by £50,000 a

year for six years till it reaches £200,000, at which sum it will

remain.

Subject to this variation in the amount of the surplus and to certain

minor variations specified in the Bill, and subject also to any changes

consequent upon the exercise by the Irish Parliament of the powers of

increasing or reducing taxation which are defined below, the amount of

the Transferred Sum, fixed in the first year after the passing of the

Act, will remain the same until an equilibrium is reached between the

total revenue derived from Ireland and the total expenditure on Irish

purposes.

_Revenue of the Imperial Exchequer from Ireland._

The Bill provides that until such equilibrium is established the whole

of the proceeds of all Irish taxes shall be collected by the Treasury

of the United Kingdom, and be paid into the Imperial Exchequer. (This

provision does not apply to Post Office revenue.)

The revenue so collected should be sufficient to cover the Transferred

Sum and to provide a balance sufficient to defray a part of the cost of

the Reserved Services. As the revenue from Ireland increases in the

future, the receipts of the Imperial Exchequer will increase

proportionately, and the yearly deficit which will fall at the outset

upon the Imperial Exchequer will gradually be lessened and ultimately

disappear.

_Joint Exchequer Board._

The Bill establishes a Joint Exchequer Board of Great Britain and

Ireland, consisting of two members appointed by the Imperial Treasury

and two by the Irish Treasury, with a Chairman appointed by His Majesty

the King.

The duty of the Board will be to determine certain questions of fact

arising from time to time under the financial provisions of the Bill.

The figures given in this Paper are estimates only, and do not purport

to be final. The Bill, therefore, does not rest upon these figures, but

enables fuller returns to be obtained after the passing of the Act, and

it provides that the amounts of Irish Revenue and Expenditure for the

purposes of the Act shall be, not the figures given in this Paper, but

such sums as may be determined after the passing of the Act, upon the

basis of these fuller returns and of the more accurate figures of

Revenue and Expenditure which will then be available, by the Joint

Exchequer Board.

_Revenue and Expenditure Accounts._

If, however, the estimates given above are assumed, for purposes of

illustration, to be the figures finally determined, the Irish

Government's Budget in the first year would balance as follows:--

------------------------------+------------------------------

_Revenue._ | _Expenditure._

£ | £

Transferred Sum 6,127,000 | All purposes not

Post Office 1,354,000 | separately

| specified - 5,462,000

Fee Stamps 81,000 | Post Office - 1,600,000

| ----------

| 7,062,000

| Surplus - 500,000*

---------- | ----------

Total - 7,562,000 | Total - 7,562,000

------------------------------+-------------------------------

* Subject to subsequent reduction as stated above.

The Imperial Government's receipts and expenditure on Irish account

would balance as follows:--

------------------------------+--------------------------------

_Revenue._ | _Expenditure._

£ | £

Irish Revenue | Transferred Sum 6,127,000

(excluding Post | Old Age Pensions 2,664,000

Office and fee | National Insurance

stamps) 9,404,000 | and Labour

Deficit 2,015,000 | Exchanges 191,500

| Land Purchase--

| (1.) Land

| Commission 592,000

| (2.) Other

| Charges 169,000

| Constabulary 1,377,500

| Collection of

| Revenue 298,000

---------- | ----------

11,419,000 | Total 11,419,000

------------------------------+--------------------------------

_Powers of Varying Taxation._

The Bill confers on the Irish Parliament the following financial

powers:--

1. It may add to the rates of Excise Duties, Customs Duties on beer and

spirits, Stamp Duties (with certain exceptions), Land Taxes, or

Miscellaneous Taxes, imposed by the Imperial Parliament.

2. It may add to an extent not exceeding 10 per cent, to the Income

Tax, Death Duties, or Customs Duties other than the duties on beer and

spirits, imposed by the Imperial Parliament.

3. It may levy any new taxes, other than new Customs Duties.

4. It may reduce any tax levied in Ireland, with the exception of

certain Stamp Duties.

The Imperial Treasury will collect the revenue arising from any

increases in taxation enacted by the Irish Parliament in the exercise

of these powers; and an addition will be made to the Transferred Sum of

such amount as the Joint Exchequer Board may determine to be the

produce of the additional taxation. Similarly, if taxation, is reduced

by the Irish Parliament, a deduction will be made from the Transferred

Sum corresponding to the loss of revenue due to the repeal of a tax or

to collection at the lower rates.

The Irish Exchequer will therefore gain or lose by any increase or

decrease in taxation enacted by the Irish Parliament, and the net

revenue of the Imperial Exchequer will remain unaffected by such

changes.

If Excise or Customs Duties are imposed at different rates in Great

Britain and Ireland respectively, provision is made for the adjustment

of the taxes paid in respect of articles passing from one country to

the other.

As administrative difficulties might arise in certain cases if the 10

per cent. limitation mentioned above were in terms to prohibit

additions to the taxes in question to an extent of more than 10 per

cent. of the rates of tax, the Bill effects the object in view by

enacting that only such proceeds of the tax as do not exceed 10 per

cent. of the yield of the Imperial tax shall be transferred to the

Irish Exchequer.

The Bill makes no specific reference to the powers of the Imperial

Parliament to levy taxation in Ireland. The provision in clause 1 that

the supreme power and authority of the Parliament of the United Kingdom

shall remain unaffected retains the existing powers of the Imperial

Parliament in this regard.

_Transfer of the Reserved Services to the Irish Government._

After six years, the control of the Royal Irish Constabulary will pass

to the Irish Executive. The Irish Parliament is empowered to assume at

any time, with twelve months' notice, legislative and executive control

with respect to Old Age Pensions, to National Health Insurance, or to

Unemployment Insurance, together with Labour Exchanges. When any such

transfer of Reserved Services is effected, the financial burden will be

assumed by the Irish Exchequer, and an addition will be made to the

Transferred Sum corresponding to the financial relief given to the

Imperial Exchequer.

_Loans and Capital Liabilities._

Loans made for the purposes of land purchase and loans made before the

passing of the Act for other Irish purposes will be among the Reserved

Services, and the payment of interest and sinking fund charges will be

made by the Imperial Exchequer.

New loans may be raised by the Irish Parliament on the security of the

Irish revenue. Provision is also made for enabling the joint Exchequer

Board, if so authorised by the Irish Parliament, to issue the loans and

to meet the interest and sinking fund charges by means of deductions

from the Transferred Sum.

The Bill provides for the apportionment between the two Exchequers of

liability for existing loans raised for Irish services.

_Readjustment when Financial Equilibrium is reached._

When the total revenue received from Ireland by the Imperial Treasury

has been sufficient, during three consecutive years, to meet the total

charges for Irish purposes, the Exchequer Board shall report the fact

with a view to a revision of the financial arrangements. Since it is

impossible now to foresee what services may remain at that time as

Reserved Services, what loans may have been contracted during the

intervening years, and what changes may have been made in the rates of

taxation, the Bill does not attempt to enact the modifications which

may then be desirable.

It contemplates, however, as part of the present financial settlement,

that Parliament will then consider, on the one hand, the fixing of such

contribution by Ireland to the common expenses of the United Kingdom as

may be equitable, and, on the other hand, the transfer to the Irish

Legislature and Government of the control and collection of such taxes

as may be deemed advisable.

The remaining clauses--from 27 to 47--are concerned with readjustments

as to judges, civil servants, police and other matters, and do not vary

substantially from the corresponding clauses in the Bill of 1893

(published in Appendix D). The first meeting of the Irish Parliament

is fixed for the first Tuesday in September, 1913.

There are only two other clauses which require special notice, as

adding fresh provisions to those laid down in the Bill of 1893.

The first is the 26th clause, which gives to the Irish special powers

of representation at Westminster in the case of a revision of the

financial arrangements:--

"For the purpose of revising the financial provisions of this Act in

pursuance of this section, there shall be summoned to the Commons House

of Parliament of the United Kingdom such number of members of the Irish

House of Commons as will make the representation of Ireland in the

Commons House of Parliament of the United Kingdom equivalent to the

representation of Great Britain on the basis of population; and the

members of the Irish House of Commons so summoned shall be deemed to be

members of the Commons House of Parliament of the United Kingdom for

the purpose of any such revision."

The second--Clause 42--provides that Irish laws shall be interpreted

always in legal subordination to Acts of the Imperial Parliament:--

"(2) Where any Act of the Irish Parliament deals with any matter with

respect to which the Irish Parliament have power to make laws which is

dealt with by any Act of the Parliament of the United Kingdom passed

after the passing of this Act and extending to Ireland, the Act of the

Irish Parliament shall be read subject to the Act of the Parliament of

the United Kingdom, and so far as it is repugnant to that Act, but no

further, shall be void."

APPENDIX B

THE SHRINKAGE OF IRELAND

(1.) THE DECREASE IN POPULATION SINCE 1841.

------+--------------+-----------+-----------+------------------------

Year. | Population. | Decrease. | Decrease | Great Britain.

| | | per cent. | Increase per cent.

| | | +-----------+------------

| | | | England. | Scotland.

------+--------------+-----------+-----------+-----------+------------

1841 | 8,196,597 | -- | -- | -- | --

1851 | 6,574,278 | 1,622,319 | 19.8 | 12.65 | 10.2

1861 | 5,798,967 | 775,311 | 11.8 | 11.9 | 6.0

1871 | 5,412,377 | 386,590 | 6.7 | 13.21 | 9.7

1881 | 5,174,836 | 237,541 | 4.4 | 14.36 | 11.2

1891 | 4,704,750 | 470,086 | 9.1 | 11.65 | 7.8

1901 | 4,458,775 | 245,975 | 5.2 | 12.17 | 11.1

1911 | 4,381,951 | 76,824 | 1.7 | 10.9 | 6.4

------+--------------+-----------+-----------+-----------+------------

N.B.--This Table is compiled from the Preliminary Reports of the Census

of 1911, which give the population returns only as far back as 1841.

There was, of course, a Census of the United Kingdom as early as 1801,

but the official returns extended at first only to England and

Scotland, and it was not until 1813 that there was any official census

of Ireland. Even then it was far from correct. The first trustworthy

Irish Census was that of 1821. For 1821 and 1831 the Census figures are

given in "Whitaker" as follows:--

1821 6,801,827

1831 7,767,401

It is probable that the apparent rise of the population from 1821 to

1841 amounts to little more than the more correct taking of the Census

among an illiterate population. But on the whole subject of the rise of

population between 1821 and 1841, see my remarks in Chapter VIII. p.

105. It was due of course very largely to the creation of faggot votes

by Protestant landlords desirous of being returned to Parliament under

the old law before the passing of Catholic Emancipation in 1829. It was

an artificial rise in the poorest section of the population going along

with a steady decline in the general material prosperity of Ireland.

Hence the great collapse of the famine period.

(2.) IRISH FAMILIES SINCE 1841.

(From Preliminary Census Report, 1911.)

----------------+----------------------------------------

Year. | Number of Families.

----------------+----------------------------------------

1841 | 1,472,787

1851 | 1,204,319

1861 | 1,128,300

1871 | 1,067,598

1881 | 995,074

1891 | 932,113

1901 | 910,256

1911 | 912,711 _First Increase since 1841._

----------------+----------------------------------------

(3.) INHABITED HOUSES SINCE 1841.

(From same source.)

----------------+----------------------------------------

Year. | Number of Inhabited Houses.

----------------+----------------------------------------

1841 | 1,328,839

1851 | 1,046,223

1861 | 995,156

1871 | 961,380

1881 | 914,108

1891 | 870,578

1901 | 858,158

1911 | 861,057 _First Increase since 1841._

----------------+----------------------------------------

(4.) EMIGRATION.

For Decennial Periods, 1852-1910.

----------+----------------------+-------------------

Period. | Average Number of | Per 1,000 of

| Emigrants, per year. | Population.

----------+----------------------+-------------------

1852-9 | 115,842 | 15.2

1860-9 | 85,960 | 15.2

1870-9 | 60,327 | 11.2

1880-9 | 80,491 | 16.0

1890-9 | 44,955 | 9.7

1900-9 | 35,886 | 8.1

1910 | 32,457 | 7.4

1911 | 31,058 | 7.

----------+----------------------+-------------------

APPENDIX C

TEXT OF THE ACT OF UNION

An Act for the Union of Great Britain and Ireland.--[2d July 1800.]

WHEREAS in pursuance of His Majesty's most gracious Recommendation to

the Two Houses of Parliament in _Great Britain_ and _Ireland_

respectively, to consider of such Measures as might best tend to

strengthen and consolidate the Connection between the Two Kingdoms, the

Two Houses of the Parliament of _Great Britain_ and the Two Houses of

the Parliament of _Ireland_ have severally agreed and resolved, that,

in order to promote and secure the essential Interests of _Great

Britain_ and _Ireland_, and to consolidate the Strength, Power, and

Resources of the _British_ Empire, it will be advisable to concur in

such Measures as may best tend to unite the Two Kingdoms of _Great

Britain_ and _Ireland_ into One Kingdom, in such Manner, and on such

Terms and Conditions, as may be established by the Acts of the

respective Parliaments of _Great Britain_ and _Ireland:_

And whereas, in furtherance of the said Resolution, both Houses of the

said Two Parliaments respectively have likewise agreed upon certain

Articles for effectuating and establishing the said Purposes, in the

Tenor following:

ARTICLE FIRST.

[Sidenote: That _Great Britain_ and _Ireland_ shall, upon _Jan. 1,

1801_, be united into One Kingdom; and that the Titles appertaining to

the Crown &c., shall be such as His Majesty shall be pleased to

appoint.]

That it be the First Article of the Union of the Kingdoms of _Great

Britain_ and _Ireland_, that the said Kingdoms of _Great Britain_ and

_Ireland_ shall, upon the First Day of _January_ which shall be in the

Year of our Lord One thousand eight hundred and one, and for ever

after, be united into One Kingdom, by the Name of _The United Kingdom

of Great Britain and Ireland;_ and that the Royal Stile and Titles

appertaining to the Imperial Crown of the said United Kingdom and its

Dependencies; and also the Ensigns, Armorial Flags and Banners thereof,

shall be such as His Majesty, by His Royal Proclamation under the Great

Seal of the United Kingdom, shall be pleased to appoint.

ARTICLE SECOND.

[Sidenote: That the Succession to the Crown shall continue limited and

settled as at present.]

That it be the Second Article of Union, that the Succession to the

Imperial Crown of the said United Kingdom, and of the Dominions

thereunto belonging, shall continue limited and settled in the same

Manner as the Succession to the Imperial Crown of the said Kingdoms of

_Great Britain_ and _Ireland_ now stands limited and settled, according

to the existing Laws, and to the Terms of Union between _England_ and

_Scotland_.

ARTICLE THIRD.

[Sidenote: That the United Kingdom be represented in One Parliament.]

That it be the Third Article of Union, that the said United Kingdom be

represented in One and the same Parliament, to be stiled _The

Parliament of the United Kingdom of Great Britain and Ireland._

ARTICLE FOURTH.

[Sidenote: That the Number of Lords Spiritual and Temporal, and of

Commoners herein specified, shall sit and vote on the Part of _Ireland_

in the Parliament of the United Kingdom.]

That it be the Fourth Article of Union, that Four Lords Spiritual of

_Ireland_ by Rotation of Sessions, and Twenty-eight Lords Temporal of

_Ireland_ elected for Life by the Peers of _Ireland_, shall be the

Number to sit and vote on the Part of _Ireland_ in the House of Lords

of the Parliament of the United Kingdom; and One hundred Commoners (Two

for each County of _Ireland_, Two for the City of _Dublin_, Two for the

City of _Cork_, One for the University of _Trinity College_, and One

for each of the Thirty-one most considerable Cities, Towns, and

Boroughs), be the Number to sit and vote on the Part of _Ireland_ in

the House of Commons of the Parliament of the United Kingdom:

[Sidenote: That such Act as shall be passed in _Ireland_ to regulate

the Mode of summoning and returning the Lords and Commoners to serve in

the Parliament of the United Kingdom shall be considered as Part of the

Treaty of the Union.]

That such Act as shall be passed in the Parliament of _Ireland_

previous to the Union, to regulate the Mode by which the Lords

Spiritual and Temporal, and the Commons, to serve in the Parliament of

the United Kingdom on the Part of _Ireland_, shall be summoned and

returned to the said Parliament, shall be considered as forming Part of

the Treaty of Union, and shall be incorporated in the Acts of the

respective Parliaments by which the said Union shall be ratified and

established:

Here follow clauses making provision (1) that the House of Lords shall

decide all questions of rotation or election in regard to Peers from

Ireland, (2) that Irish Peers not sitting in the Lords may be elected

to Commons, but loses thereby all privileges of Peerage, (3) that the

Crown may create Irish Peerages in proportion of one for each three

that become extinct until the Irish Peerage is reduced to 100, when

they can go on creating enough to keep up to the 100.

The rest of this article consists of machinery provisions.

ARTICLE FIFTH.

[Sidenote: The Churches of _England_ and _Ireland_ to be united into

One Protestant Episcopal Church, and the Doctrine of the Church of

_Scotland_ to remain as now established.]

That it be the Fifth Article of Union, That the Churches of _England_

and _Ireland_, as now by Law established, be united into One Protestant

Episcopal Church, to be called, _The United Church of England and

Ireland_; and that the Doctrine, Worship, Discipline, and Government of

the said United Church shall be, and shall remain in full force for

ever, as the same are now by Law established for the Church of

_England_; and that the Continuance and Preservation of the said United

Church, as the established Church of _England_ and _Ireland_, shall be

deemed and taken to be an essential and fundamental Part of the Union;

and that in like Manner the Doctrine, Worship, Discipline, and

Government of the Church of _Scotland_, shall remain and be preserved

as the same are now established by Law, and by the Acts for the Union

of the Two Kingdoms of _England_ and _Scotland_.

ARTICLE SIXTH

places Irish subjects under same laws and provisions in regard to trade

and navigation prohibitions and bounties, imports and exports, and

provides for the gradual abolition of customs duties between Great

Britain and Ireland.

ARTICLE SEVENTH

provides that the Irish National Debt shall be kept distinct from the

British National Debt. It fixes the proportions of contributions to

revenue at 15 for Great Britain as to 2 for Ireland for 20 years. To be

revised at the end of 20 years on a variety of alternative bases of

calculation (Customs, trade, income, etc.). The contributions to be

raised in both countries by taxes fixed by the United Parliament, and

Parliament to have power to vary taxes, unify debt, and any Irish

surplus to be reduced by reduction of taxation. Loans in future to be

common.

ARTICLE EIGHTH

first recites that all present laws to remain in force till repealed.

Provides also that these Articles not to become Act until passed by

Parliament.

Ends by reciting the measure to be passed through Irish Parliament

regulating the representation of Ireland at Westminster after 1801.

APPENDIX D

THE HOME RULE BILLS OF 1886 AND 1893

(1) THE BILL OF 1886.

[Sidenote: A.D. 1886]

A Bill to Amend the provision for the future Government of Ireland.

BE it 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 established in Ireland

a Legislature consisting of Her Majesty the Queen and an Irish

Legislative Body.

[Sidenote: Powers of Irish Legislature.]

2. With the exceptions and subject to the restrictions in this Act

mentioned, it shall be lawful for Her Majesty the Queen, by and with

the advice of the Irish Legislative Body, to make laws for the peace,

order, and good government of Ireland, and by any such law to alter and

repeal any law in Ireland.

[Sidenote: Exceptions from powers of Irish Legislature.]

3. The Legislature of Ireland shall not make laws relating to the

following matters or any of them:--

(1.) The status or dignity of the Crown, or the succession to

the Crown, or a Regency;

(2.) The making of peace or war;

(3.) The army, navy, militia, volunteers, or other military or

naval forces, or the defence of the realm;

(4.) Treaties and other relations with foreign States, or the

relations between the various parts of Her Majesty's

dominions;

(5.) Dignities or titles of honour;

(6.) Prize or booty of war;

(7.) Offences against the law of nations; or offences committed

in violation of any treaty made, or hereafter to be made,

between Her Majesty and any foreign State; or offences

committed on the high seas;

(8.) Treason, alienage, or naturalization;

(9.) Trade, navigation, or quarantine;

(10.) The postal and telegraph service, except as hereafter in

this Act mentioned with respect to the transmission of

letters and telegrams in Ireland;

(11.) Beacons, lighthouses, or sea marks;

(12.) The coinage; the value of foreign money; legal tender; or

weights and measures; or

(13.) Copyright, patent rights, or other exclusive rights to the

use or profits of any works or inventions.

Any law made in contravention of this section shall be void.

[Sidenote: Restrictions on powers of Irish Legislature.]

4. The Irish Legislature shall not make 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 derogating from 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.) Impairing, without either the leave of Her Majesty in

Council first obtained on an address presented by the

Legislative Body of Ireland, or the consent of the

corporation interested, the rights, property, or privileges

of any existing corporation incorporated by royal charter

or local and general Act of Parliament; or

(6.) Imposing or relating to duties of customs and duties of

excise, as defined by this Act, or either of such duties or

affecting any Act relating to such duties or any of them;

or

(7.) Affecting this Act, except in so far as it is declared to

be alterable by the Irish Legislature.

[Sidenote: Prerogatives of Her Majesty as to Irish Legislative Body.]

5. Her Majesty the Queen shall have the same prerogatives with respect

to summoning, proroguing, and dissolving the Irish Legislative Body as

Her Majesty has with respect to summoning, proroguing, and dissolving

the Imperial Parliament.

[Sidenote: Duration of the Irish Legislative Body.]

6. The Irish Legislative Body whenever summoned may have continuance

for _five years_ and no longer, to be reckoned from the day on which

any such Legislative Body is appointed to meet.

_Executive Authority._

[Sidenote: Constitution of the Executive Authority.]

7.--(1.) The Executive Government of Ireland shall continue vested in

Her Majesty, and shall be carried on by the Lord Lieutenant on behalf

of Her Majesty with the aid of such officers and such council as to Her

Majesty may from time to time seem fit.

(2.) Subject to any instructions which may from time to time be given

by Her Majesty, the Lord Lieutenant shall give or withhold the assent

of Her Majesty to Bills passed by the Irish Legislative Body, and shall

exercise the prerogatives of Her Majesty in respect of the summoning,

proroguing, and dissolving of the Irish Legislative Body, and any

prerogatives the exercise of which may be delegated to him by Her

Majesty.

[Sidenote: Use of Crown lands by Irish Government.]

8. Her Majesty may, by Order in Council, from time to time place under

the control of the Irish Government, for the purposes of that

Government, any such lands and buildings in Ireland as may be vested in

or held in trust for Her Majesty.

_Constitution of Legislative Body._

[Sidenote: Constitution of Irish Legislative Body.]

9.--(1.) The Irish Legislative Body shall consist of a first and second

order.

(2.) The two orders shall deliberate together, and shall vote together,

except that, if any question arises in relation to legislation or to

the Standing Orders or Rules of Procedure or to any other matter in

that behalf in this Act specified, and such question is to be

determined by vote, each order shall, if a majority of the members

present of either order demand a separate vote, give their votes in

like manner as if they were separate Legislative Bodies; and if the

result of the voting of the two orders does not agree the question

shall be resolved in the negative.

[Sidenote: First order.]

10.--(1.) The first order of the Irish Legislative Body shall consist

of one hundred and three members, of whom seventy-five shall be

elective members and twenty-eight peerage members.

(2.) Each elective member shall at the date of his election and during

his period of membership be bonâ fide possessed of property which--

(a.) if realty, or partly realty and partly personalty,

yields two hundred pounds a year or upwards, free of all

charges; or

(b.) if personalty yields the same income, or is of the

capital value of four thousand pounds or upwards, free of

all charges.

(2.) For the purpose of electing the elective members of the first

order of the Legislative Body, Ireland shall be divided into the

electoral districts specified in the First Schedule to this Act, and

each such district shall return the number of members in that behalf

specified in that Schedule.

(3.) The elective members shall be elected by the registered electors

of each electoral district, and for that purpose a register of electors

shall be made annually.

(4.) An elector in each electoral district shall be qualified as

follows, that is to say, he shall be of full age and not subject to any

legal incapacity, and shall have been during the twelve months next

preceding the _twentieth day of July_ in any year the owner or occupier

of some land or tenement within the district of a net annual value of

twenty-five pounds or upwards.

(5.) The term of office of an elective member shall be _ten years_.

(6.) In every fifth year thirty-seven or thirty-eight of the elective

members, as the case requires, shall retire from office, and their

places shall be filled by election; the members to retire shall be

those who have been members for the longest time without re-election.

(7.) The offices of the peerage members shall be filled as follows;

that is to say,--

(a.) Each of the Irish peers who on the appointed day is one

of the twenty-eight Irish representative peers, shall, on

giving his written assent to the Lord Lieutenant, become a

peerage member of the first order of the Irish Legislative

Body; and if at any time within _thirty years_ after the

appointed day any such peer vacates his office by death or

resignation, the vacancy shall be filled by the election

to that office by the Irish peers of one of their number

in manner heretofore in use respecting the election of

Irish representative peers, subject to adaptation as

provided by this Act, and if the vacancy is not so filled

within the proper time it shall be filled by the election

of an elective member.

(b.) If any of the twenty-eight peers aforesaid does not

within _one month_ after the appointed day give such assent

to be a peerage member of the first order, the vacancy so

created shall be filled up as if he had assented and

vacated his office by resignation.

(8.) A peerage member shall be entitled to hold office during his life

or until the expiration of _thirty years_ from the appointed day,

whichever period is the shortest. At the expiration of such _thirty

years_ the offices of all the peerage members shall be vacated as if

they were dead, and their places shall be filled by elective members

qualified and elected in manner provided by this Act with respect to

elective members of the first order, and such elective members may be

distributed by the Irish Legislature among the electoral districts, so,

however, that care shall be taken to give additional members to the

most populous places.

(9.) The offices of members of the first order shall not be vacated by

the dissolution of the Legislative Body.

(10.) The provisions in the Second Schedule to this Act relating to

members of the first order of the Legislative Body shall be of the same

force as if they were enacted in the body of this Act.

[Sidenote: Second order.]

11.--(1.) Subject as in this section hereafter mentioned, the second

order of the Legislative Body shall consist of two hundred and four

members.

(2.) The members of the second order shall be chosen by the existing

constituencies of Ireland, two by each constituency, with the exception

of the city of Cork, which shall be divided into two divisions in

manner set forth in the Third Schedule to this Act, and two members

shall be chosen by each of such divisions.

(3.) Any person who, on the appointed day, is a member representing an

existing Irish constituency in the House of Commons shall, on giving

his written assent to the Lord Lieutenant, become a member of the

second order of the Irish Legislative Body as if he had been elected by

the constituency which he was representing in the House of Commons.

Each of the members for the city of Cork, on the said day, may elect

for which of the divisions of that city he wishes to be deemed to have

been elected.

(4.) If any member does not give such written assent within _one month_

after the appointed day, his place shall be filled by election in the

same manner and at the same time as if he had assented and vacated his

office by death.

(5.) If the same person is elected to both orders, he shall, within

_seven days_ after the meeting of the Legislative Body, or if the Body

is sitting at the time of the election, within _seven days_ after the

election, elect in which order he will serve, and his membership of the

other order shall be void and be filled by a fresh election.

(6.) Notwithstanding anything in this Act, it shall be lawful for the

Legislature of Ireland at any time to pass an Act enabling the Royal

University of Ireland to return not more than two members to the second

order of the Irish Legislative Body in addition to the number of

members above mentioned.

(7.) Notwithstanding anything in this Act, it shall be lawful for the

Irish Legislature, after the first dissolution of the Legislative Body

which occurs, to alter the constitution or election of the second order

of that body, due regard being had in the distribution of members to

the population of the constituencies; provided that no alteration

shall be made in the number of such order.

Clauses 12 to 20 are the Finance Clauses, which are dealt with at the

end of this Appendix.

_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.

Clause 22 reserves to the Crown the power of erecting forts, dockyards,

etc.

_Legislative Body._

[Sidenote: Veto by first order of Legislative Body, how over-ruled.]

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: Ceaser 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.

Clause 25 refers constitutional questions to the Judicial Committee of

the Privy Council.

Clause 26 abolishes religious test for the Lord Lieutenant.

Clauses 27-30 safeguards interests of Judges and Civil Servants.

Clauses 31-36, transitory and miscellaneous.

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 save as aforesaid, whose power and authority in relation

thereto shall in nowise be diminished or restrained by anything herein

contained.

Clause 38 continues existing laws, courts and officers.

[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.

Clause 40, definition clause.

_Summary of Finance Provisions._

(Clauses 12-20.)

Clause 13. The Irish Parliament is to have the right to impose all

taxes except customs and excise.

The Irish Parliament to pay annually to the British Exchequer these

sums, fixed at the level for the following 30 years:--

£1,466,000 as interest on the Irish share in the National Debt.

1,666,000 towards the Army and Navy.

110,000 towards the Imperial Civil expenditure.

1,000,000 towards the Irish Constabulary.

----------

£4,242,000 in all.

The Irish Exchequer to pay annually £360,000 towards the reduction of

the National Debt, and their payment of interest to be reduced in

proportion.

If any reduction takes place in Army and Navy to the extent of reducing

British proportions below 15 times the Irish, then the Irish to be

reduced by 1-15th.

The Irish Government to receive the revenues of Crown Lands in Ireland.

If the Irish Constabulary is reduced, then the Irish contribution

towards Constabulary to be reduced accordingly.

Clause 14. The first charge for the Irish contributions to be on the

customs and excise collected in Ireland. The rest to go to the Irish

Government.

The first charge on other Irish taxes to be (1) any deficit in Irish

contribution to British Exchequer, (2) any interest on any Irish debt,

(3) Irish public service, (4) Irish judges, etc.

Duty laid upon Irish Government to raise taxes equal to paying these

charges.

Clauses 16 and 17. Provisions as to Irish Church Fund and Irish loans

(now obsolete).

Clause 18. In case of war Irish Government "_may_" contribute more

money for the prosecution of war.

Clauses 19 and 20. Machinery clauses.

(2) THE BILL OF 1893.

[Sidenote: A.D. 1893.]

A Bill intitled an Act to amend the provision for the Government of

Ireland.

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:

_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. Provided that, notwithstanding anything in this Act contained,

the supreme power and authority of the Parliament of the United Kingdom

of Great Britain and Ireland shall remain unaffected and undiminished

over all persons, matters, and things within the Queen's dominions.

[Sidenote: Exceptions from powers of Irish Legislature.]

3. The Irish Legislature shall not have power to make laws in 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 the regulation of the conduct of any portion of

Her Majesty's subjects during the existence of hostilities

between foreign states with which Her Majesty is at peace,

in respect of such hostilities; or

(3.) Navy, army, militia, volunteers, and any other military

forces, or the defence of the realm, or forts, permanent

military camps, magazines, arsenals, dockyards, and other

needful buildings, or any places purchased for the erection

thereof; or

(4.) Authorising either the carrying or using of arms for

military purposes, or the formation of associations for

drill or practice in the use of arms for military purposes;

or

(5.) Treaties or any relations with foreign States, or the

relations between different parts of Her Majesty's

dominions, or offences connected with such treaties or

relations, or procedure connected with the extradition of

criminals under any treaty; or

(6.) Dignities or titles of honour; or

(7.) Treason, treason-felony, alienage, aliens as such, or

naturalization; or

(8.) Trade with any place out of Ireland; or quarantine, or

navigation, including merchant shipping (except as respects

inland waters and local health or harbour regulations); or

(9.) Lighthouses, buoys, or beacons within the meaning of the

Merchant Shipping Act, 1854, and the Acts amending the same

(except so far as they can consistently with any general

Act of Parliament be constructed or maintained by a local

harbour authority); or

(10.) Coinage; legal tender; or any change in the standard of

weights and measures; or

(11.) Trade marks, designs, merchandise marks, copyright, or

patent rights.

Provided always, that nothing in this section shall prevent the passing

of any Irish Act to provide for any charges imposed by Act of

Parliament, or to prescribe conditions regulating importation from any

place outside Ireland for the sole purpose of preventing the

introduction of any contagious disease.

It is hereby declared that the exceptions from the powers of the Irish

Legislature contained in this section are set forth and enumerated for

greater certainty, and not so as to restrict the generality of the

limitation imposed in the previous section on the powers of the Irish

Legislature.

Any law made in contravention of this section shall be void.

4. The powers of the Irish Legislature shall not extend to the making

of any law--

(1.) Respecting the establishment or endowment of religion,

whether directly or indirectly, or prohibiting the free

exercise thereof; or

(2.) Imposing any disability, or conferring any privilege,

advantage, or benefit, on account of religious belief, or

raising or appropriating directly or indirectly, save as

heretofore, any public revenue for any religious purpose,

or for the benefit of the holder of any religious office as

such; or

(3.) Diverting the property or without its consent altering the

constitution of any religious body; or

(4.) Abrogating or prejudicially affecting the right to

establish or maintain any place of denominational education

or any denominational institution or charity; or

(5.) Whereby there may be established and endowed out of public

funds any theological professorship or any university or

college in which the conditions set out in the University

of Dublin Tests Act, 1873, are not observed; or

(6.) Prejudicially affecting the right of any child to attend a

school receiving public money, without attending the

religious instruction at that school; or

(7.) Directly or indirectly imposing any disability, or

conferring any privilege, benefit, or advantage upon any

subject of the Crown on account of his parentage or place

of birth, or of the place where any part of his business is

carried on, or upon any corporation or institution

constituted or existing by virtue of the law of some part

of the Queen's dominions, and carrying on operations in

Ireland, on account of the persons by whom or in whose

favour or the place in which any of its operations are

carried on; or

(8.) Whereby any person may be deprived of life, liberty, or

property without due process of law in accordance with

settled principles and precedents, or may be denied the

equal protection of the laws, or whereby private property

may be taken without just compensation; or

(9.) Whereby any existing corporation incorporated by Royal

Charter or by any local or general Act of Parliament 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 in accordance with

settled principles and precedents, and so far as respects

property without just compensation. Provided nothing in

this subsection shall prevent the Irish Legislature from

dealing with any public department, municipal corporation,

or local authority, or with any corporation administering

for public purposes taxes, rates, cess, dues, or tolls, so

far as concerns the same.

Any law made in contravention of this section shall be void.

_Executive Authority._

5.--(1.) The executive power in Ireland shall continue vested in Her

Majesty the Queen, and the Lord Lieutenant, or other chief executive

officer or officers for the time being appointed in his place, 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, at least

once in every year, prorogue, and dissolve the Irish Legislature; and

every instrument conveying any such delegation of any prerogative or

other executive power shall be presented to the two Houses of

Parliament as soon as conveniently may be. Provided always that the

lieutenants of counties shall be appointed by the Lord Lieutenant of

Ireland as representing Her Majesty.

(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 under the Crown as

Her Majesty or, if so authorised, the Lord Lieutenant may think fit,

save as may be otherwise 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.

6. All the powers and jurisdiction to be exercised in accordance with

the provisions of the Foreign Enlistment Act, 1870, and the Fugitive

Offenders Act, 1881, by the Lord Lieutenant or Lord Justices, or other

Chief Governor or Governors of Ireland, or the Chief Secretary of the

Lord Lieutenant, shall be exercised by the Lord Lieutenant in pursuance

of instructions given by Her Majesty.

_Constitution of Legislature._

7.--(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.

(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.

8.--(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.

9. 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._

10. 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.) 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.

Clauses 11-20 are the finance clauses, which are dealt with at the end

of this Appendix.

Clauses 21 and 22 substitute the Judicial Committee of the Privy

Council as Court of Appeal for Ireland in place of House of Lords.

Clause 23 abolishes religious test for the Lord Lieutenant.

Clauses 25-28 safeguard interests of Judges, Civil Servants.

29.--(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 Fifth

Schedule to this Act, be gradually reduced and ultimately cease to

exist as mentioned in that Schedule; and thereupon the Acts relating to

such forces shall be repealed, and no forces organised and armed in

like manner, or otherwise than according to the accustomed manner of a

civil police, shall be created under any Irish Act; and after the

passing of this Act, no officer or man shall be appointed to either of

those 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.

Sections (2) to (5) safeguard interests of existing police.

Clauses 30-33. Miscellaneous.

34.--(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, waterworks, 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 court in Ireland (other

than one of the Exchequer judges) shall be made in pursuance of a

warrant from Her Majesty countersigned as heretofore.

Clause 35. Transitory.

Clause 39. Definitions, etc.

_Summary of Finance Provisions._

(Clauses 11-20.)

The General Revenue of Ireland to be kept apart as specified. One-third

to be allocated to Imperial expenditure. Two-thirds to form the special

revenue of Ireland and to be spent in purely Irish expenditure.

War taxes to be imposed on Ireland simultaneously and identically with

Great Britain and to be paid into the British exchequer.

After six years all taxation except customs and excise to be

transferred to Ireland and all these arrangements to be revised.

APPENDIX E

THE IRISH BOARD OF AGRICULTURE

This Board was set up in 1899 by the Agriculture and Technical

Instruction (Ireland) Act.

The constructive clauses of this Act are the following:--

Clause 1 establishes a Department of Agriculture, its powers to be

exercised either by the President or Vice-President.

Clauses 2, 3, 4 and 5 define its powers.

Part II. creates the advisory machinery to which reference is made in

the text, and they run as follows:--

_Consultative Council, Agricultural Board and Board of Technical

Instruction, and Financial Provisions._

7. For the purpose of assisting the Department in carrying out the

objects of this Act there shall be established--

(a) a Council of Agriculture;

(b) an Agricultural Board; and

(c) a Board of Technical Instruction.

8.--(1.) The Council of Agriculture shall consist of the following

members:--

(a) Two persons to be appointed by the county council of each

county (other than a county borough) in each province; and

(b) A number of persons resident in each province equal to the

number of counties (exclusive of county boroughs) in the

province, to be appointed by the Department with due regard

to the representation on the council of any agricultural or

industrial organisations in the province.

(2.) For the purposes of this section the county of Cork shall be

regarded as two counties, and four persons shall be appointed by the

council of that county.

(3.) The members representing each province shall constitute separate

committees on the Council and shall be styled the provincial committees

of the respective provinces.

9. The Agricultural Board shall consist of the following members:--

(a.) Two persons to be appointed by the provincial committee

of each province; and

(b.) Four persons to be appointed by the Department.

10. The Board of Technical Instruction shall consist of the following

members:--

(a.) Three persons to be appointed by the county council of

each of the county boroughs of Dublin and Belfast;

(b.) One person to be appointed by a joint committee of the

councils of the several urban county districts in the

county of Dublin; such committee to consist of one member

chosen out of their body by the council of each such

district;

(c.) One person to be appointed by the council of each county

borough not above mentioned;

(d.) One person to be appointed by the provincial committee of

each province;

(e.) One person to be appointed by the Commissioners of National

Education;

(f.) One person to be appointed by the Intermediate Education

Board; and

(g.) Four persons to be appointed by the Department.

11. The Council of Agriculture shall meet at least once a year for the

purpose of discussing matters of public interest in connexion with any

of the purposes of this Act.

12. The Agricultural Board shall advise the Department with respect to

all matters and questions submitted to them by the Department in

connexion with the purposes of agriculture and other rural industries.

13. The Board of Technical Instruction shall advise the Department with

respect to all matters and questions submitted to them by the

Department in connexion with technical instruction.

APPENDIX F

THE REDUCTION IN IRISH PAUPERISM OWING TO OLD AGE PENSIONS

The Report of the Irish Local Government Board for 1911 shows a

reduction in Irish pauperism between March, 1910, and March 26th, 1911,

amounting to over 18,000:--

March 26th, 1910 99,607

March 25th, 1911 80,942

------

18,665

An analysis of the figures shows that the reduction is almost entirely

due to the Old-age Pensions Act. There is little or no reduction in

children, lunatics, or mothers, while there are the following

reductions in aged and infirm paupers:--

-----------------------------------+---------+---------+------------

| 1910. | 1911. | Reduction.

-----------------------------------+---------+---------+------------

Aged and infirm in work-houses | 13,478 | 11,291 | 2,187

| | |

Aged and infirm on out-door relief | 51,304 | 35,681 | 15,623

-----------------------------------+---------+---------+------------

Total | 17,810

+------------

leaving only 855 of the reduction unaccounted for.

APPENDIX G

THE LAND LAW (IRELAND) ACT, 1881

The provisions which have revolutionised the land system of Ireland are

contained in Clause 8 of the Land Act of 1881, which runs as follows:--

8.--(1.) The tenant of any present tenancy to which this Act applies,

or such tenant and the landlord jointly, or the landlord, after having

demanded from such tenant an increase of rent which the tenant has

declined to accept, or after the parties have otherwise failed to come

to an agreement, may from time to time during the continuance of such

tenancy apply to the court to fix the fair rent to be paid by such

tenant to the landlord for the holding, and thereupon the court, after

hearing the parties, and having regard to the interest of the landlord

and tenant respectively, and considering all the circumstances of the

case, holding, and district, may determine what is such fair rent.

(2.) The rent fixed by the court (in this Act referred to as the

judicial rent) shall be deemed to be the rent payable by the tenant as

from the period commencing at the rent day next succeeding the decision

of the court.

(3.) Where the judicial rent of any present tenancy has been fixed by

the court, then, until the expiration of a term of fifteen years from

the rent day next succeeding the day on which the determination of the

court has been given (in this Act referred to as a statutory term),

such present tenancy shall (if it so long continue to subsist) be

deemed to be a tenancy subject to statutory conditions, and having the

same incidents as a tenancy subject to statutory conditions consequent

on an increase of rent by a landlord.

APPENDIX H

THE IRISH CONGESTED DISTRICTS BOARD

The present Congested Districts Board, so often referred to in the

text, is constituted under the following clauses of the Irish Land Act

of 1909:--

45.--(1.) From and after the appointed day, the Congested Districts

Board shall consist of the following members:--

(a.) The Chief Secretary, the Under Secretary to the Lord

Lieutenant, and the Vice-President of the Department of

Agriculture and Technical Instruction for Ireland, who

shall be ex officio members:

(b.) Nine members appointed by His Majesty (in this Act

referred to as appointed members):

(c.) Two paid members appointed by His Majesty (in this Act

referred to as permanent members).

(2.) An appointed member shall hold office for five years, and shall be

eligible for re-appointment. On a casual vacancy occurring by reason of

the death, resignation, or incapacity of an appointed member or

otherwise, the person appointed by His Majesty to fill the vacancy

shall continue in office until the member in whose place he was

appointed would have retired, and shall then retire.

46.--(1.) For the purposes of the Congested Districts Board (Ireland)

Acts, as amended by this Act, each of the following administrative

counties, that is to say, the counties of Donegal, Sligo, Leitrim,

Roscommon, Mayo, Galway, and Kerry, shall be a congested districts

county, the six rural districts of Ballyvaghan, Ennistymon, Kilrush,

Scariff, Tulla, and Killadysert, in the county of Clare, shall together

form one congested districts county, and the four rural districts of

Bantry, Castletown, Schull, and Skibbereen, in the county of Cork,

shall together form one congested districts county.

(2.) No electoral division shall, after the passing of this Act, be or

form part of a congested districts county, unless it is included in a

congested districts county constituted under this section.

The Act follows closely on the lines of the Report of the 1908

Commission, and places a third of Ireland under the Board.

APPENDIX J

(1.) RECOMMENDATION IN REGARD TO IRELAND OF THE ROYAL COMMISSION ON

CANALS AND INLAND NAVIGATION

(1.) That such waterways in Ireland as, on a review of all the facts,

your Majesty's Government may deem of importance to the cause of cheap

inland transport, should come under State control; and

(2.) That a Controlling Authority should be constituted for the purpose

of taking over those inland waterways which are already under the

control of the State, of Local Authorities, or of a public trust, and

of acquiring such other waterways as are determined to be of importance

either to the drainage of the country, or to the cause of cheap inland

transport.

(2.) IN REGARD TO IRISH RAILWAYS

The principal recommendation of the Majority Report of the Viceregal

Commission on Irish Railways (1910) runs as follows:--

(1.) That an Irish Authority be instituted to acquire the

Irish Railways and work them as a single system.

(2.) That this Authority be a Railway Board of twenty

Directors, four nominated and sixteen elected.

(3.) That the general terms of purchase be those prescribed by

the Regulation of Railways Act of 1844 (7 and 8 Vic. cap. 85.

sec. 2), with supplementary provisions as to redemption of

guarantees, and purchase of non-dividend paying or non-profit

earning lines.

(4.) That the financial medium be a Railway Stock; and that

such stock be charged upon (1) the Consolidated Fund; (2) the

net revenues of the unified Railway system; (3) an annual grant

from the Imperial Exchequer; and (4) a general rate, to be

struck by the Irish Railway Authority if and when required.

APPENDIX K

(1.) HOME RULE PARLIAMENTS IN THE BRITISH EMPIRE

Canada 10

Australia 7

South Africa 5

Newfoundland 1

New Zealand 1

--

Total 24

--

Besides these Autonomous Parliaments--

(1.) India has also now seven "Legislative Councils," partly

elective.

(2.) The Isle of Man has "House of Keys," with almost complete

legislative power.

(3.) The Channel Islands have their own semi-independent

governing Assemblies.

(4.) The Crown Colonies have Assemblies possessing a

considerable local representative element.

WYMAN & SONS, LTD., Printers, Fetter Lane, London, E.C.; and Reading.

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Home Rule Second Edition · 第 10 / 10 章