CONSTITUTION OF THE IRISH FREE STATE (SAORSTÁT EIREANN) ACT, 1922.
|
|
|
|
|
|
AN
ACT TO ENACT A CONSTITUTION FOR THE IRISH FREE STATE (SAORSTÁT EIREANN)
AND FOR IMPLEMENTING THE TREATY BETWEEN GREAT BRITAIN AND IRELAND
SIGNED AT LONDON ON THE 6TH DAY OF DECEMBER, 1921.
|
|
|
DÁIL EIREANN sitting as a
Constituent Assembly in this Provisional Parliament, acknowledging that
all lawful authority comes from God to the people and in the confidence
that the National life and unity of Ireland shall thus be restored,
hereby proclaims the establishment of The Irish Free State (otherwise
called Saorstát Eireann) and in the exercise of undoubted right, decrees
and enacts as follows:—
|
|
|
1.
The Constitution set forth in the First Schedule hereto annexed shall
be the Constitution of The Irish Free State (Saorstát Eireann).
|
|
|
2.
The said Constitution shall be construed with reference to the Articles
of Agreement for a Treaty between Great Britain and Ireland set forth
in the Second Schedule hereto annexed (hereinafter referred to as “the Scheduled Treaty”)
which are hereby given the force of law, and if any provision of the
said Constitution or of any amendment thereof or of any law made
thereunder is in any respect repugnant to any of the provisions of the
Scheduled Treaty, it shall, to the extent only of such repugnancy, be
absolutely void and inoperative and the Parliament and the Executive
Council of the Irish Free State (Saorstát Eireann) shall respectively
pass such further legislation and do all such other things as may be
necessary to implement the Scheduled Treaty.
|
|
|
3. This Act may be cited for all purposes as the Constitution of The Irish Free State (Saorstát Eireann) Act, 1922.
|
|
|
FIRST SCHEDULE ABOVE REFERRED TO.
CONSTITUTION OF THE IRISH FREE STATE.
(SAORSTÁT EIREANN.)
|
|
|
Article 1.
|
|
|
The
Irish Free State (otherwise hereinafter called or sometimes called
Saorstát Eireann) is a co-equal member of the Community of Nations
forming the British Commonwealth of Nations.
|
|
|
Article 2.
|
|
|
All
powers of government and all authority, legislative, executive, and
judicial, in Ireland are derived from the people of Ireland, and the
same shall be exercised in the Irish Free State (Saorstát Eireann)
through the organisations established by or under, and in accord with,
this Constitution.
|
|
|
Article 3.
|
|
|
Every
person, without distinction of sex, domiciled in the area of the
jurisdiction of the Irish Free State (Saorstát Eireann) at the time of
the coming into operation of this Constitution, who was born in Ireland
or either of whose parents was born in Ireland or who has been
ordinarily resident in the area of the jurisdiction of the Irish Free
State (Saorstát Eireann) for not less than seven years, is a citizen of
the Irish Free State (Saorstát Eireann) and shall within the limits of
the jurisdiction of the Irish Free State (Saorstát Eireann) enjoy the
privileges and be subject to the obligations of such citizenship:
Provided that any such person being a citizen of another State may elect
not to accept the citizenship hereby conferred; and the conditions
governing the future acquisition and termination of citizenship in the
Irish Free State (Saorstát Eireann) shall be determined by law.
|
|
|
Article 4.
|
|
|
The
National language of the Irish Free State (Saorstát Eireann) is the
Irish language, but the English language shall be equally recognised as
an official language. Nothing in this Article shall prevent special
provisions being made by the Parliament of the Irish Free State
(otherwise called and herein generally referred to as the “Oireachtas”) for districts or areas in which only one language is in general use.
|
|
|
Article 5.
|
|
|
No
title of honour in respect of any services rendered in or in relation to
the Irish Free State (Saorstát Eireann) may be conferred on any citizen
of the Irish Free State (Saorstát Eireann) except with the approval or
upon the advice of the Executive Council of the State.
|
|
|
Article 6.
|
|
|
The
liberty of the person is inviolable, and no person shall be deprived of
his liberty except in accordance with law. Upon complaint made by or on
behalf of any person that he is being unlawfully detained, the High
Court and any and every judge thereof shall forthwith enquire into the
same and may make an order requiring the person in whose custody such
person shall be detained to produce the body of the person so detained
before such Court or judge without delay, and to certify in writing as
to the cause of the detention and such Court or judge shall thereupon
order the release of such person unless satisfied that he is being
detained in accordance with the law:
|
|
|
Provided,
however, that nothing in this Article contained shall be invoked to
prohibit, control or interfere with any act of the military forces of
the Irish Free State (Saorstát Eireann) during the existence of a state
of war or armed rebellion.
|
|
|
Article 7.
|
|
|
The dwelling of each citizen is inviolable and shall not be forcibly entered except in accordance with law.
|
|
|
Article 8.
|
|
|
Freedom
of conscience and the free profession and practice of religion are,
subject to public order and morality, guaranteed to every citizen, and
no law may be made either directly or indirectly to endow any religion,
or prohibit or restrict the free exercise thereof or give any
preference, or impose any disability on account of religious belief or
religious status, or affect prejudicially the right of any child to
attend a school receiving public money without attending the religious
instruction at the school, or make any discrimination as respects State
aid between schools under the management of different religious
denominations, or divert from any religious denomination or any
educational institution any of its property except for the purpose of
roads, railways, lighting, water or drainage works or other works of
public utility, and on payment of compensation.
|
|
|
Article 9.
|
|
|
The
right of free expression of opinion as well as the right to assemble
peaceably and without arms, and to form associations or unions is
guaranteed for purposes not opposed to public morality. Laws regulating
the manner in which the right of forming associations and the right of
free assembly may be exercised shall contain no political, religious or
class distinction.
|
|
|
Article 10.
|
|
|
All citizens of the Irish Free State (Saorstát Eireann) have the right to free elementary education.
|
|
|
Article 11.
|
|
|
All
the lands and waters, mines and minerals, within the territory of the
Irish Free State (Saorstát Eireann) hitherto vested in the State, or any
department thereof, or held for the public use or benefit, and also all
the natural resources of the same territory (including the air and all
forms of potential energy), and also all royalties and franchises within
that territory shall, from and after the date of the coming into
operation of this Constitution, belong to the Irish Free State (Saorstát
Eireann), subject to any trusts, grants, leases or concessions then
existing in respect thereof, or any valid private interest therein, and
shall be controlled and administered by the Oireachtas, in accordance
with such regulations and provisions as shall be from time to time
approved by legislation, but the same shall not, nor shall any part
thereof, be alienated, but may in the public interest be from time to
time granted by
way of lease or licence to be worked or enjoyed under the authority and
subject to the control of the Oireachtas: Provided that no such lease or
licence may be made for a term exceeding ninety-nine years, beginning
from the date thereof, and no such lease or licence may be renewable by
the terms thereof.
|
|
|
Article 12.
|
|
|
A
Legislature is hereby created, to be known as the Oireachtas. It shall
consist of the King and two Houses, the Chamber of Deputies (otherwise
called and herein generally referred to as “Dáil Eireann”) and the Senate (otherwise called and herein generally referred to as “Seanad Eireann”).
The sole and exclusive power of making laws for the peace, order and
good government of the Irish Free State (Saorstát Eireann) is vested in
the Oireachtas.
|
|
|
Article 13.
|
|
|
The Oireachtas shall sit in or near the city of Dublin or in such other place as from time to time it may determine.
|
|
|
Article 14.
|
|
|
All
citizens of the Irish Free State (Saorstát Eireann) without distinction
of sex, who have reached the age of twenty-one years and who comply with
the provisions of the prevailing electoral laws, shall have the right
to vote for members of Dáil Eireann, and to take part in the Referendum
and Initiative. All citizens of the Irish Free State (Saorstát Eireann)
without distinction of sex who have reached the age of thirty years and
who comply with the provisions of the prevailing electoral laws, shall
have the right to vote for members of Seanad Eireann. No voter may
exercise more than one vote at an election to either House, and the
voting shall be by secret ballot. The mode and place of exercising this
right shall be determined by law.
|
|
|
Article 15.
|
|
|
Every
citizen who has reached the age of twenty-one years and who is not
placed under disability or incapacity by the Constitution or by law
shall be eligible to become a member of Dáil Eireann.
|
|
|
Article 16.
|
|
|
No
person may be at the same time a member both of Dáil Eireann and of
Seanad Eireann, and if any person who is already a member of either
House is elected to be a member of the other House, he shall forthwith
be deemed to have vacated his first seat.
|
|
|
Article 17.
|
|
|
The oath to be taken by members of the Oireachtas shall be in the following form:—
|
|
|
I
_______________ do solemnly swear true faith and allegiance to the
Constitution of the Irish Free State as by law established, and that I
will be faithful to H. M. King George V., his heirs and successors by
law in virtue of the common citizenship of Ireland with Great Britain
and her adherence to and membership of the group of nations forming the
British Commonwealth of Nations.
|
|
|
Such
oath shall be taken and subscribed by every member of the Oireachtas
before taking his seat therein before the Representative of the Crown or
some other person authorised by him.
|
|
|
Article 18.
|
|
|
Every
member of the Oireachtas shall, except in case of treason, felony, or
breach of the peace, be privileged from arrest in going to and returning
from, and while within the precincts of either House, and shall not, in
respect of any utterance in either House, be amenable to any action or
proceeding in any Court other than the House itself.
|
|
|
Article 19.
|
|
|
All
official reports and publications of the Oireachtas or of either House
thereof shall be privileged, and utterances made in either House
wherever published shall be privileged.
|
|
|
Article 20.
|
|
|
Each
House shall make its own Rules and Standing Orders, with power to attach
penalties for their infringement and shall have power to ensure freedom
of debate, to protect its official documents and the private papers of
its members, and to protect itself and its members against any person or
persons interfering with, molesting or attempting to corrupt its
members in the exercise of their duties.
|
|
|
Article 21.
|
|
|
Each
House shall elect its own Chairman and Deputy Chairman, and shall
prescribe their powers, duties, remuneration, and terms of office.
|
|
|
Article 22.
|
|
|
All
matters in each House shall, save as otherwise provided by this
Constitution, be determined by a majority of the votes of the members
present other than the Chairman or presiding member, who shall have and
exercise a casting vote in the case of an equality of votes. The number
of members necessary to constitute a meeting of either House for the
exercise of its powers shall be determined by its Standing Orders.
|
|
|
Article 23.
|
|
|
The
Oireachtas shall make provision for the payment of its members, and may
in addition provide them with free travelling facilities to any part of
Ireland.
|
|
|
Article 24.
|
|
|
The
Oireachtas shall hold at least one session each year. The Oireachtas
shall be summoned and dissolved by the Representative of the Crown in
the name of the King and subject as aforesaid Dáil Eireann shall fix the
date of re-assembly of the Oireachtas and the date of the conclusion of
the session of each House: Provided that the sessions of Seanad Eireann
shall not be concluded without its own consent.
|
|
|
Article 25.
|
|
|
Sittings
of each House of the Oireachtas shall be public. In cases of special
emergency either House may hold a private sitting with the assent of
two-thirds of the members present.
|
|
|
Article 26.
|
|
|
Dáil
Eireann shall be composed of members who represent constituencies
determined by law. The number of members shall be fixed from time to
time by the Oireachtas, but the total number of members of Dáil Eireann
(exclusive of members for the Universities) shall not be fixed at less
than one member for each thirty thousand of the population, or at more
than one member for each twenty thousand of the population: Provided
that the proportion between the number of members to be elected at any
time for each constituency and the population of each constituency, as
ascertained at the last preceding census, shall, so far as possible, be
identical throughout the country. The members shall be elected upon
principles of Proportional Representation. The Oireachtas shall revise
the constituencies at least once in every ten years, with due regard to
changes in distribution of the population, but any alterations in the
constituencies
shall not take effect during the life of Dáil Eireann sitting when such
revision is made.
|
|
|
Article 27.
|
|
|
Each
University in the Irish Free State (Saorstát Eireann), which was in
existence at the date of the coming into operation of this Constitution,
shall be entitled to elect three representatives to Dáil Eireann upon a
franchise and in a manner to be prescribed by law.
|
|
|
Article 28.
|
|
|
At a
General Election for Dáil Eireann the polls (exclusive of those for
members for the Universities) shall be held on the same day throughout
the country, and that day shall be a day not later than thirty days
after the date of the dissolution, and shall be proclaimed a public
holiday. Dáil Eireann shall meet within one month of such day, and
shall, unless earlier dissolved, continue for four years from the date
of its first meeting, and not longer. Dáil Eireann may not at any time
be dissolved except on the advice of the Executive Council.
|
|
|
Article 29.
|
|
|
In
case of death, resignation or disqualification of a member of Dáil
Eireann, the vacancy shall be filled by election in manner to be
determined by law.
|
|
|
Article 30.
|
|
|
Seanad
Eireann shall be composed of citizens who shall be proposed on the
grounds that they have done honour to the Nation by reason of useful
public service or that, because of special qualifications or
attainments, they represent important aspects of the Nation's life.
|
|
|
Article 31.
|
|
|
The
number of members of Seanad Eireann shall be sixty. A citizen to be
eligible for membership of Seanad Eireann must be a person eligible to
become a member of Dáil Eireann, and must have reached the age of
thirty-five years. Subject to any provision for the constitution of the
first Seanad Eireann the term of office of a member of Seanad Eireann
shall be twelve years.
|
|
|
Article 32.
|
|
|
One-fourth
of the members of Seanad Eireann shall be elected every three years
from a panel constituted as hereinafter mentioned at an election at
which the area of the jurisdiction of the Irish Free State (Saorstát
Eireann) shall form one electoral area, and the elections shall be held
on principles of Proportional Representation.
|
|
|
Article 33.
|
|
|
Before each election of members of Seanad Eireann a panel shall be formed consisting of:—
|
|
|
(a)
Three times as many qualified persons as there are members to be
elected, of whom two-thirds shall be nominated by Dáil Eireann voting
according to principles of Proportional Representation and one-third
shall be nominated by Seanad Eireann voting according to principles of
Proportional Representation; and
|
|
|
(b)
Such persons who have at any time been members of Seanad Eireann
(including members about to retire) as signify by notice in writing
addressed to the President of the Executive Council their desire to be
included in the panel.
|
|
|
The
method of proposal and selection for nomination shall be decided by Dáil
Eireann and Seanad Eireann respectively, with special reference to the
necessity for arranging for the representation of important interests
and institutions in the country: Provided that each proposal shall be in
writing and shall state the qualifications of the person proposed and
that no person shall be proposed without his own consent. As soon as the
panel has been formed a list of the names of the members of the panel
arranged in alphabetical order with their qualifications shall be
published.
|
|
|
Article 34.
|
|
|
In
case of the death, resignation or disqualification of a member of Seanad
Eireann his place shall be filled by a vote of Seanad Eireann. Any
member of Seanad Eireann so chosen shall retire from office at the
conclusion of the three years period then running and the vacancy thus
created shall be additional to the places to be filled under Article 32
of this Constitution. The term of office of the members chosen at the
election after the first fifteen elected shall conclude at the end of
the period or periods at which the member or members of Seanad Eireann,
by whose death or withdrawal the vacancy or vacancies was or were
originally created, would be due to retire: Provided that the sixteenth
member shall be deemed to have filled the vacancy first created in order
of time and so on.
|
|
|
Article 35.
|
|
|
Dáil
Eireann shall in relation to the subject matter of Money Bills as
hereinafter defined have legislative authority exclusive of Seanad
Eireann.
|
|
|
A
Money Bill means a Bill which contains only provisions dealing with all
or any of the following subjects, namely, the imposition, repeal,
remission, alteration or regulation of taxation; the imposition for the
payment of debt or other financial purposes of charges on public moneys
or the variation or repeal of any such charges; supply; the
appropriation, receipt, custody, issue or audit of accounts of public
money; the raising or guarantee of any loan or the repayment thereof;
subordinate matters incidental to those subjects or any of them. In this
definition the expressions “taxation,” “public money” and “loan” respectively do not include any taxation, money or loan raised by local authorities or bodies for local purposes.
|
|
|
The
Chairman of Dáil Eireann shall certify any Bill which in his opinion is a
Money Bill to be a Money Bill, but, if within three days after a Bill
has been passed by Dáil Eireann two-fifths of the members of either
House by notice in writing addressed to the Chairman of the House of
which they are members so require, the question whether the Bill is or
is not a Money Bill shall be referred to a Committee of Privileges
consisting of three members elected by each House with a Chairman who
shall be the senior judge of the Supreme Court able and willing to act,
and who, in the case of an equality of votes, but not otherwise, shall
be entitled to vote. The decision of the Committee on the question shall
be final and conclusive.
|
|
|
Article 36.
|
|
|
Dáil
Eireann shall as soon as possible after the commencement of each
financial year consider the Estimates of receipts and expenditure of the
Irish Free State (Saorstát Eireann) for that year, and, save in so far
as may be provided by specific enactment in each case, the legislation
required to give effect to the Financial Resolutions of each year shall
be enacted within that year.
|
|
|
Article 37.
|
|
|
Money
shall not be appropriated by vote, resolution or law, unless the purpose
of the appropriation has in the same session been recommended by a
message from the Representative of the Crown acting on the advice of the
Executive Council.
|
|
|
Article 38.
|
|
|
Every
Bill initiated in and passed by Dáil Eireann shall be sent to Seanad
Eireann and may, unless it be a Money Bill, be amended in Seanad Eireann
and Dáil Eireann shall consider any such amendment; but a Bill passed
by Dáil Eireann and considered by Seanad Eireann shall, not later than
two hundred and seventy days after it shall have been first sent to
Seanad Eireann, or such longer period as may be agreed upon by the two
Houses, be deemed to be passed by both Houses in the form in which it
was last passed by Dáil Eireann: Provided that every Money Bill shall be
sent to Seanad Eireann for its recommendations and at a period not
longer than twenty-one days after it shall have been sent to Seanad
Eireann, it shall be returned to Dáil Eireann which may pass it,
accepting or rejecting all or any of the recommendations of Seanad
Eireann, and as so passed or if not returned within such period of
twenty-one days shall be
deemed to have been passed by both Houses. When a Bill other than a
Money Bill has been sent to Seanad Eireann a Joint Sitting of the
Members of both Houses may on a resolution passed by Seanad Eireann be
convened for the purpose of debating, but not of voting upon, the
proposals of the Bill or any amendment of the same.
|
|
|
Article 39.
|
|
|
A Bill
may be initiated in Seanad Eireann and if passed by Seanad Eireann
shall be introduced into Dáil Eireann. If amended by Dáil Eireann the
Bill shall be considered as a Bill initiated in Dáil Eireann. If
rejected by Dáil Eireann it shall not be introduced again in the same
session, but Dáil Eireann may reconsider it on its own motion.
|
|
|
Article 40.
|
|
|
A Bill passed by either House and accepted by the other House shall be deemed to be passed by both Houses.
|
|
|
Article 41.
|
|
|
So
soon as any Bill shall have been passed or deemed to have been passed by
both Houses, the Executive Council shall present the same to the
Representative of the Crown for the signification by him, in the King's
name, of the King's assent, and such Representative may withhold the
King's assent or reserve the Bill for the signification of the King's
pleasure: Provided that the Representative of the Crown shall in the
withholding of such assent to or the reservation of any Bill, act in
accordance with the law, practice, and constitutional usage governing
the like withholding of assent or reservation in the Dominion of Canada.
|
|
|
A Bill
reserved for the signification of the King's Pleasure shall not have
any force unless and until within one year from the day on which it was
presented to the Representative of the Crown for the King's Assent, the
Representative of the Crown signifies by speech or message to each of
the Houses of the Oireachtas, or by proclamation, that it has received
the Assent of the King in Council.
|
|
|
An
entry of every such speech, message or proclamation shall be made in the
Journal of each House and a duplicate thereof duly attested shall be
delivered to the proper officer to be kept among the Records of the
Irish Free State (Saorstát Eireann).
|
|
|
Article 42.
|
|
|
As
soon as may be after any law has received the King's assent, the clerk,
or such officer as Dáil Eireann may appoint for the purpose, shall cause
two fair copies of such law to be made, one being in the Irish language
and the other in the English language (one of which copies shall be
signed by the Representative of the Crown to be enrolled for record in
the office of such officer of the Supreme Court as Dáil Eireann may
determine), and such copies shall be conclusive evidence as to the
provisions of every such law, and in case of conflict between the two
copies so deposited, that signed by the Representative of the Crown
shall prevail.
|
|
|
Article 43.
|
|
|
The
Oireachtas shall have no power to declare acts to be infringements of
the law which were not so at the date of their commission.
|
|
|
Article 44.
|
|
|
The Oireachtas may create subordinate legislatures with such powers as may be decided by law.
|
|
|
Article 45.
|
|
|
The
Oireachtas may provide for the establishment of Functional or Vocational
Councils representing branches of the social and economic life of the
Nationa. A law establishing any such Council shall determine its powers,
rights and duties, and its relation to the government of the Irish Free
State (Saorstát Eireann).
|
|
|
Article 46.
|
|
|
The
Oireachtas has the exclusive right to regulate the raising and
maintaining of such armed forces as are mentioned in the Scheduled
Treaty in the territory of the Irish Free State (Saorstát Eireann) and
every such force shall be subject to the control of the Oireachtas.
|
|
|
Article 47.
|
|
|
Any
Bill passed or deemed to have been passed by both Houses may be
suspended for a period of ninety days on the written demand of
two-fifths of the members of Dáil Eireann or of a majority of the
members of Seanad Eireann presented to the President of the Executive
Council not later than seven days from the day on which such Bill shall
have been so passed or deemed to have been so passed. Such a Bill shall
in accordance with regulations to be made by the Oireachtas be submitted
by Referendum to the decision of the people if demanded before the
expiration of the ninety days either by a resolution of Seanad Eireann
assented to by three-fifths of the members of Seanad Eireann, or by a
petition signed by not less than one-twentieth of the voters then on the
register of voters, and the decision of the people by a majority of the
votes recorded on such Referendum shall be conclusive. These provisions
shall not apply to Money
Bills or to such Bills as shall be declared by both Houses to be
necessary for the immediate preservation of the public peace, health or
safety.
|
|
|
Article 48.
|
|
|
The
Oireachtas may provide for the Initiation by the people of proposals for
laws or constitutional amendments. Should the Oireachtas fail to make
such provision within two years, it shall on the petition of not less
than seventy five thousand voters on the register, of whom not more than
fifteen thousand shall be voters in any one constituency, either make
such provisions or submit the question to the people for decision in
accordance with the ordinary regulations governing the Referendum. Any
legislation passed by the Oireachtas providing for such Initiation by
the people shall provide (1) that such proposals may be initiated on a
petition of fifty thousand voters on the register, (2) that if the
Oireachtas rejects a proposal so initiated it shall be submitted to the
people for decision in accordance with the ordinary regulations
governing the Referendum; and (3) that if the Oireachtas enacts a
proposal so initiated,
such enactment shall be subject to the provisions respecting ordinary
legislation or amendments of the Constitution as the case may be.
|
|
|
Article 49.
|
|
|
Save
in the case of actual invasion, the Irish Free State (Saorstát Eireann)
shall not be committed to active participation in any war without the
assent of the Oireachtas.
|
|
|
Article 50.
|
|
|
Amendments
of this Constitution within the terms of the Scheduled Treaty may be
made by the Oireachtas, but no such amendment, passed by both Houses of
the Oireachtas, after the expiration of a period of eight years from the
date of the coming into operation of this Constitution, shall become
law, unless the same shall, after it has been passed or deemed to have
been passed by the said two Houses of the Oireachtas, have been
submitted to a Referendum of the people, and unless a majority of the
voters on the register shall have recorded their votes on such
Referendum, and either the votes of a majority of the voters on the
register, or two-thirds of the votes recorded, shall have been cast in
favour of such amendment. Any such amendment may be made within the said
period of eight years by way of ordinary legislation and as such shall
be subject to the provisions of Article 47 hereof.
|
|
|
Article 51.
|
|
|
The
Executive Authority of the Irish Free State (Saorstát Eireann) is hereby
declared to be vested in the King, and shall be exercisable, in
accordance with the law, practice and constitutional usage governing the
exercise of the Executive Authority in the case of the Dominion of
Canada, by the Representative of the Crown. There shall be a Council to
aid and advise in the government of the Irish Free State (Saorstát
Eireann) to be styled the Executive Council. The Executive Council shall
be responsible to Dáil Eireann, and shall consist of not more than
seven nor less than five Ministers appointed by the Representative of
the Crown on the nomination of the President of the Executive Council.
|
|
|
Article 52.
|
|
|
Those
Ministers who form the Executive Council shall all be members of Dáil
Eireann and shall include the President of the Council, the
Vice-President of the Council and the Minister in charge of the
Department of Finance.
|
|
|
Article 53.
|
|
|
The
President of the Council shall be appointed on the nomination of Dáil
Eireann. He shall nominate a Vice-President of the Council, who shall
act for all purposes in the place of the President, if the President
shall die, resign, or be permanently incapacitated, until a new
President of the Council shall have been elected. The Vice-President
shall also act in the place of the President during his temporary
absence. The other Ministers who are to hold office as members of the
Executive Council shall be appointed on the nomination of the President,
with the assent of Dáil Eireann, and he and the Ministers nominated by
him shall retire from office should he cease to retain the support of a
majority in Dáil Eireann, but the President and such Ministers shall
continue to carry on their duties until their successors shall have been
appointed: Provided, however, that the Oireachtas shall not be
dissolved on the advice of an
Executive Council which has ceased to retain the support of a majority
in Dáil Eireann.
|
|
|
Article 54.
|
|
|
The
Executive Council shall be collectively responsible for all matters
concerning the Departments of State administered by Members of the
Executive Council. The Executive Council shall prepare Estimates of the
receipts and expenditure of the Irish Free State (Saorstát Eireann) for
each financial year, and shall present them to Dáil Eireann before the
close of the previous financial year. The Executive Council shall meet
and act as a collective authority.
|
|
|
Article 55.
|
|
|
Ministers
who shall not be members of the Executive Council may be appointed by
the Representative of the Crown, and shall comply with the provisions of
Article 17 of this Constitution. Every such Minister shall be nominated
by Dáil Eireann on the recommendation of a Committee of Dáil Eireann
chosen by a method to be determined by Dáil Eireann, so as to be
impartially representative of Dáil Eireann. Should a recommendation not
be acceptable to Dáil Eireann, the Committee may continue to recommend
names until one is found acceptable. The total number of Ministers,
including the Ministers of the Executive Council, shall not exceed
twelve.
|
|
|
Article 56.
|
|
|
Every
Minister who is not a member of the Executive Council shall be the
responsible head of the Department or Departments under his charge, and
shall be individually responsible to Dáil Eireann alone for the
administration of the Department or Departments of which he is the head:
Provided that should arrangements for Functional or Vocational Councils
be made by the Oireachtas these Ministers or any of them may, should
the Oireachtas so decide, be members of, and be recommended to Dáil
Eireann by, such Councils. The term of office of any Minister, not a
member of the Executive Council, shall be the term of Dáil Eireann
existing at the time of his appointment, but he shall continue in office
until his successor shall have been appointed, and no such Minister
shall be removed from office during his term otherwise than by Dáil
Eireann itself, and then for stated reasons, and after the proposal to
remove him has been
submitted to a Committee, chosen by a method to be determined by Dáil
Eireann, so as to be impartially representative of Dáil Eireann, and the
Committee has reported thereon.
|
|
|
Article 57.
|
|
|
Every Minister shall have the right to attend and be heard in Seanad Eireann.
|
|
|
Article 58.
|
|
|
The
appointment of a member of Dáil Eireann to be a Minister shall not
entail upon him any obligation to resign his seat or to submit himself
for re-election.
|
|
|
Article 59.
|
|
|
Ministers
shall receive such remuneration as may from time to time be prescribed
by law, but the remuneration of any Minister shall not be diminished
during his term of office.
|
|
|
Article 60.
|
|
|
The
Representative of the Crown, who shall be styled the Governor-General of
the Irish Free State (Saorstát Eireann) shall be appointed in like
manner as the Governor-General of Canada and in accordance with the
practice observed in the making of such appointments. His salary shall
be of the like amount as that now payable to the Governor-General of the
Commonwealth of Australia and shall be charged on the public funds of
the Irish Free State (Saorstát Eireann) and suitable provision shall be
made out of those funds for the maintenance of his official residence
and establishment.
|
|
|
Article 61.
|
|
|
All
revenues of the Irish Free State (Saorstát Eireann) from whatever source
arising, shall, subject to such exception as may be provided by law,
form one fund, and shall be appropriated for the purposes of the Irish
Free State (Saorstát Eireann) in the manner and subject to the charges
and liabilities imposed by law.
|
|
|
Article 62.
|
|
|
Dáil
Eireann shall appoint a Comptroller and Auditor-General to act on behalf
of the Irish Free State (Saorstát Eireann). He shall control all
disbursements and shall audit all accounts of moneys administered by or
under the authority of the Oireachtas and shall report to Dáil Eireann
at stated periods to be determined by law.
|
|
|
Article 63.
|
|
|
The
Comptroller and Auditor-General shall not be removed except for stated
misbehaviour or incapacity on resolutions passed by Dáil Eireann and
Seanad Eireann. Subject to this provision, the terms and conditions of
his tenure of office shall be fixed by law. He shall not be a member of
the Oireachtas, nor shall he hold any other office or position of
emolument.
|
|
|
Article 64.
|
|
|
The
judicial power of the Irish Free State (Saorstát Eireann) shall be
exercised and justice administered in the public Courts established by
the Oireachtas by judges appointed in manner hereinafter provided. These
Courts shall comprise Courts of First Instance and a Court of Final
Appeal to be called the Supreme Court. The Courts of First Instance
shall include a High Court invested with full original jurisdiction in
and power to determine all matters and questions whether of law or fact,
civil or criminal, and also Courts of local and limited jurisdiction,
with a right of appeal as determined by law.
|
|
|
Article 65.
|
|
|
The
judicial power of the High Court shall extend to the question of the
validity of any law having regard to the provisions of the Constitution.
In all cases in which such matters shall come into question, the High
Court alone shall exercise original jurisdiction.
|
|
|
Article 66.
|
|
|
The
Supreme Court of the Irish Free State (Saorstát Eireann) shall, with
such exceptions (not including cases which involve questions as to the
validity of any law) and subject to such regulations as may be
prescribed by law, have appellate jurisdiction from all decisions of the
High Court. The decision of the Supreme Court shall in all cases be
final and conclusive, and shall not be reviewed or capable of being
reviewed by any other Court, Tribunal or Authority whatsoever: Provided
that nothing in this Constitution shall impair the right of any person
to petition His Majesty for special leave to appeal from the Supreme
Court to His Majesty in Council or the right of His Majesty to grant
such leave.
|
|
|
Article 67.
|
|
|
The
number of judges, the constitution and organisation of, and distribution
of business and jurisdiction among, the said Courts and judges, and all
matters of procedure shall be as prescribed by the laws for the time
being in force and the regulations made thereunder.
|
|
|
Article 68.
|
|
|
The
judges of the Supreme Court and of the High Court and of all other
Courts established in pursuance of this Constitution shall be appointed
by the Representative of the Crown on the advice of the Executive
Council. The judges of the Supreme Court and of the High Court shall not
be removed except for stated misbehaviour or incapacity, and then only
by resolutions passed by both Dáil Eireann and Seanad Eireann. The age
of retirement, the remuneration and the pension of such judges on
retirement and the declarations to be taken by them on appointment shall
be prescribed by law. Such remuneration may not be diminished during
their continuance in office. The terms of appointment of the judges of
such other courts as may be created shall be prescribed by law.
|
|
|
Article 69.
|
|
|
All
judges shall be independent in the exercise of their functions, and
subject only to the Constitution and the law. A judge shall not be
eligible to sit in the Oireachtas, and shall not hold any other office
or position of emolument.
|
|
|
Article 70.
|
|
|
No one
shall be tried save in due course of law, and extraordinary courts
shall not be established, save only such Military Tribunals as may be
authorised by law for dealing with Military offenders against military
law. The jurisdiction of Military Tribunals shall not be extended to or
exercised over the civil population save in time of war, or armed
rebellion, and for acts committed in time of war or armed rebellion, and
in accordance with the regulations to be prescribed by law. Such
jurisdiction shall not be exercised in any area in which all civil
courts are open or capable of being held, and no person shall be removed
from one area to another for the purpose of creating such jurisdiction.
|
|
|
Article 71.
|
|
|
A
member of the armed forces of the Irish Free State (Saorstát Eireann)
not on active service shall not be tried by any Court Martial or other
Military Tribunal for an offence cognisable by the Civil Courts, unless
such offence shall have been brought expressly within the jurisdiction
of Courts Martial or other Military Tribunal by any code of laws or
regulations for the enforcement of military discipline which may be
hereafter approved by the Oireachtas.
|
|
|
Article 72.
|
|
|
No
person shall be tried on any criminal charge without a jury save in the
case of charges in respect of minor offences triable by law before a
Court of Summary Jurisdiction and in the case of charges for offences
against military law triable by Court Martial or other Military
Tribunal.
|
|
|
TRANSITORY PROVISIONS.
|
|
|
Article 73.
|
|
|
Subject
to this Constitution and to the extent to which they are not
inconsistent therewith, the laws in force in the Irish Free State
(Saorstát Eireann) at the date of the coming into operation of this
Constitution shall continue to be of full force and effect until the
same or any of them shall have been repealed or amended by enactment of
the Oireachtas.
|
|
|
Article 74.
|
|
|
Nothing
in this Constitution shall affect any liability to pay any tax or duty
payable in respect of the financial year current at the date of the
coming into operation of this Constitution or any preceding financial
year, or in respect of any period ending on or before the last day of
the said current financial year, or payable on any occasion happening
within that or any preceding year, or the amount of such liability; and
during the said current financial year all taxes and duties and arrears
thereof shall continue to be assessed, levied and collected in like
manner in all respects as immediately before this Constitution came into
operation, subject to the like adjustments of the proceeds collected as
were theretofore applicable; and for that purpose the Executive Council
shall have the like powers and be subject to the like liabilities as
the Provisional Government.
|
|
|
Goods
transported during the said current financial year from or to the Irish
Free State (Saorstát Eireann) to or from any part of Great Britain or
the Isle of Man shall not, except so far as the Executive Council may
otherwise direct, in respect of the forms to be used and the information
to be furnished, be treated as goods exported or imported, as the case
may be.
|
|
|
For the purpose of this Article, the expression “financial year”
means, as respects income tax (including super-tax) the year of
assessment, and as respects other taxes and duties, the year ending on
the thirty-first day of March.
|
|
|
Article 75.
|
|
|
Until
Courts have been established for the Irish Free State (Saorstát Eireann)
in accordance with this Constitution, the Supreme Court of Judicature,
County Courts, Courts of Quarter Sessions and Courts of Summary
Jurisdiction, as at present existing, shall for the time being continue
to exercise the same jurisdiction as heretofore, and any judge or
justice, being a member of any such Court, holding office at the time
when this Constitution comes into operation, shall for the time being
continue to be a member thereof and hold office by the like tenure and
upon the like terms as heretofore, unless, in the case of a judge of the
said Supreme Court or of a County Court, he signifies to the
Representative of the Crown his desire to resign. Any vacancies in any
of the said Courts so continued may be filled by appointment made in
like manner as appointments to judgeships in the Courts established
under this Constitution:
Provided that the provisions of Article 66 of this Constitution as to
the decisions of the Supreme Court established under this Constitution
shall apply to decisions of the Court of Appeal continued by this
Article.
|
|
|
Article 76.
|
|
|
If any
judge of the said Supreme Court of Judicature or of any of the said
County Courts on the establishment of Courts under this Constitution, is
not with his consent appointed to be a judge of any such Court, he
shall, for the purpose of Article 10 of the Scheduled Treaty, be treated
as if he had retired in consequence of the change of Government
effected in pursuance of the said Treaty, but the rights so conferred
shall be without prejudice to any rights or claims that he may have
against the British Government.
|
|
|
Article 77.
|
|
|
Every
existing officer of the Provisional Government at the date of the coming
into operation of this Constitution (not being an officer whose
services have been lent by the British Government to the Provisional
Government) shall on that date be transferred to and become an officer
of the Irish Free State (Saorstát Eireann), and shall hold office by a
tenure corresponding to his previous tenure.
|
|
|
Article 78.
|
|
|
Every
such existing officer who was transferred from the British Government by
virtue of any transfer of services to the Provisional Government shall
be entitled to the benefit of Article 10 of the Scheduled Treaty.
|
|
|
Article 79.
|
|
|
The
transfer of the administration of any public service, the administration
of which was not before the date of the coming into operation of this
Constitution transferred to the Provisional Government, shall be
deferred until the 31st day of March, 1923, or such earlier date as may,
after one month's previous notice in the Official Gazette, be fixed by
the Executive Council; and such of the officers engaged in the
administration of those services at the date of transfer as may be
determined in the manner hereinafter appearing shall be transferred to
and become officers of the Irish Free State (Saorstát Eireann); and
Article 77 of this Constitution shall apply as if such officers were
existing officers of the Provisional Government who had been transferred
to that Government from the British Government. The officers to be so
transferred in respect of any services shall be determined in like
manner as if the
administration of the services had before the coming into operation of
the Constitution been transferred to the Provisional Government.
|
|
|
Article 80.
|
|
|
As
respects departmental property, assets, rights and liabilities, the
Government of the Irish Free State (Saorstát Eireann) shall be regarded
as the successors of the Provisional Government, and, to the extent to
which functions of any department of the British Government become
functions of the Government of the Irish Free State (Saorstát Eireann),
as the successors of such department of the British Government.
|
|
|
Article 81.
|
|
|
After
the date on which this Constitution comes into operation the House of
the Parliament elected in pursuance of the Irish Free State (Agreement)
Act, 1922 (being the constituent assembly for the settlement of this
Constitution), may, for a period not exceeding one year from that date,
but subject to compliance by the members thereof with the provisions of
Article 17 of this Constitution, exercise all the powers and authorities
conferred on Dáil Eireann by this Constitution, and the first election
for Dáil Eireann under Articles 26, 27 and 28 hereof shall take place as
soon as possible after the expiration of such period.
|
|
|
Article 82.
|
|
|
Notwithstanding
anything contained in Articles 14 and 33 hereof, the first Seaned
Eireann shall be constituted immediately after the coming into operation
of this Constitution in the manner following, that is to say:—
|
|
|
(a) The first Seanad Eireann shall consist of sixty members, of whom thirty shall be elected and thirty shall be nominated.
|
|
|
(b)
The thirty nominated members of Seanad Eireann shall be nominated by
the President of the Executive Council who shall, in making such
nominations, have special regard to the providing of representation for
groups or parties not then adequately represented in Dáil Eireann.
|
|
|
(c)
The thirty elected members of Seanad Eireann shall be elected by Dáil
Eireann voting on principles of Proportional Representation.
|
|
|
(d)
Of the thirty nominated members, fifteen to be selected by lot shall
hold office for the full period of twelve years, the remaining fifteen
shall hold office for the period of six years.
|
|
|
(e)
Of the thirty elected members the first fifteen elected shall hold
office for the period of nine years, the remaining fifteen shall hold
office for the period of three years.
|
|
|
(f)
At the termination of the period of office of any such members, members
shall be elected in their place in manner provided by Article 32 of
this Constitution.
|
|
|
(g) Casual vacancies shall be filled in manner provided by Article 34 of this Constitution.
|
|
|
Article 83.
|
|
|
The
passing and adoption of this Constitution by the Constituent Assembly
and the British Parliament shall be announced as soon as may be, and not
later than the sixth day of December, Nineteen hundred and twenty-two,
by Proclamation of His Majesty, and this Constitution shall come into
operation on the issue of such Proclamation.
|
|
|
AN DARA SGEIDEAL DÁ DTAGARTAR THUAS.
Second Schedule above referred to.
Airtiogail Chó-aontuithe do Chonnradh idir an Bhreatain Mhóir agus Eire.
(Articles of Agreement for a Treaty between Great Britain and Ireland).
|
|
|
1.
Ireland shall have the same constitutional status in the Community of
Nations known as the British Empire as the Dominion of Canada, the
Commonwealth of Australia, the Dominion of New Zealand, and the Union of
South Africa, with a Parliament having powers to make laws for the
peace, order and good government of Ireland, and an Executive
responsible to that Parliament, and shall be styled and known as the
Irish Free State.
|
|
|
2.
Subject to the provisions hereinafter set out the position of the Irish
Free State in relation to the Imperial Parliament and Government and
otherwise shall be that of the Dominion of Canada, and the law, practice
and constitutional usage governing the relationship of the Crown or the
representative of the Crown and of the Imperial Parliament to the
Dominion of Canada shall govern their relationship to the Irish Free
State.
|
|
|
3.
The representative of the Crown in Ireland shall be appointed in like
manner as the Governor-General of Canada and in accordance with the
practice observed in the making of such appointments.
|
|
|
4. The oath to be taken by Members of the Parliament of the Irish Free State shall be in the following form:—
|
|
|
I
________ do solemnly swear true faith and allegiance to the
Constitution of the Irish Free State as by law established and that I
will be faithful to H.M. King George V., his heirs and successors by
law, in virtue of the common citizenship of Ireland with Great Britain
and her adherence to and membership of the group of nations forming the
British Commonwealth of Nations.
|
|
|
5.
The Irish Free State shall assume liability for the service of the
Public Debt of the United Kingdom as existing at the date hereof and
towards the payment of war pensions as existing at that date in such
proportion as may be fair and equitable, having regard to any just
claims on the part of Ireland by way of set off or counter-claim, the
amount of such sums being determined in default of agreement by the
arbitration of one or more independent persons being citizens of the
British Empire.
|
|
|
6.
Until an arrangement has been made between the British and Irish
Governments whereby the Irish Free State undertakes her own coastal
defence, the defence by sea of Great Britain and Ireland shall be
undertaken by His Majesty's Imperial Forces. But this shall not prevent
the construction or maintenance by the Government of the Irish Free
State of such vessels as are necessary for the protection of the Revenue
or the Fisheries.
|
|
|
The
foregoing provisions of this Article shall be reviewed at a Conference
of Representatives of the British and Irish Governments to be held at
the expiration of five years from the date hereof with a view to the
undertaking by Ireland of a share in her own coastal defence.
|
|
|
7. The Government of the Irish Free State shall afford to His Majesty's Imperial Forces:—
|
|
|
(a)
In time of peace such harbour and other facilities as are indicated in
the Annex hereto, or such other facilities as may from time to time be
agreed between the British Government and the Government of the Irish
Free State; and
|
|
|
(b)
In time of war or of strained relations with a Foreign Power such
harbour and other facilities as the British Government may require for
the purpose of such defence as aforesaid.
|
|
|
8.
With a view to securing the observance of the principle of
international limitation of armaments, if the Government of the Irish
Free State establishes and maintains a military defence force, the
establishments thereof shall not exceed in size such proportion of the
military establishments maintained in Great Britain as that which the
population of Ireland bears to the population of Great Britain.
|
|
|
9.
The ports of Great Britain and the Irish Free State shall be freely
open to the ships of the other country on payment of the customary port
and other dues.
|
|
|
10.
The Government of the Irish Free State agrees to pay fair compensation
on terms not less favourable than those accorded by the Act of 1920 to
judges, officials, members of Police Forces and other Public Servants
who are discharged by it or who retire in consequence of the change of
government effected in pursuance hereof.
|
|
|
Provided
that this agreement shall not apply to members of the Auxiliary Police
Force or to persons recruited in Great Britain for the Royal Irish
Constabulary during the two years next preceding the date hereof. The
British Government will assume responsibility for such compensation or
pensions as may be payable to any of these excepted persons.
|
|
|
11.
Until the expiration of one month from the passing of the Act of
Parliament for the ratification of this instrument, the powers of the
Parliament and the government of the Irish Free State shall not be
exercisable as respects Northern Ireland and the provisions of the
Government of Ireland Act, 1920, shall, so far as they relate to
Northern Ireland, remain of full force and effect, and no election shall
be held for the return of members to serve in the Parliament of the
Irish Free State for constituencies in Northern Ireland, unless a
resolution is passed by both Houses of the Parliament of Northern
Ireland in favour of the holding of such elections before the end of the
said month.
|
|
|
12.
If before the expiration of the said month an address is presented to
His Majesty by both Houses of the Parliament of Northern Ireland to that
effect, the powers of the Parliament and Government of the Irish Free
State shall no longer extend to Northern Ireland, and the provisions of
the Government of Ireland Act, 1920, (including those relating to the
Council of Ireland) shall, so far as they relate to Northern Ireland,
continue to be of full force and effect, and this instrument shall have
effect subject to the necessary modifications.
|
|
|
Provided
that if such an address is so presented a Commission consisting of
three persons, one to be appointed by the Government of the Irish Free
State, one to be appointed by the Government of Northern Ireland and
one, who shall be Chairman, to be appointed by the British Government
shall determine in accordance with the wishes of the inhabitants, so far
as may be compatible with economic and geographic conditions, the
boundaries between Northern Ireland and the rest of Ireland, and for the
purposes of the Government of Ireland Act, 1920, and of this
instrument, the boundary of Northern Ireland shall be such as may be
determined by such Commission.
|
|
|
13.
For the purpose of the last foregoing article, the powers of the
Parliament of Southern Ireland under the Government of Ireland Act,
1920, to elect members of the Council of Ireland shall after the
Parliament of the Irish Free State is constituted be exercised by that
Parliament.
|
|
|
14.
After the expiration of the said month, if no such address as is
mentioned in Article 12 hereof is presented, the Parliament and
Government of Northern Ireland shall continue to exercise as respects
Northern Ireland the powers conferred on them by the Government of
Ireland Act, 1920, but the Parliament and Government of the Irish Free
State shall in Northern Ireland have in relation to matters in respect
of which the Parliament of Northern Ireland has not power to make laws
under that Act (including matters which under the said Act are within
the jurisdiction of the Council of Ireland) the same powers as in the
rest of Ireland subject to such other provisions as may be agreed in
manner hereinafter appearing.
|
|
|
15.
At any time after the date hereof the Government of Northern Ireland
and the provisional Government of Southern Ireland hereinafter
constituted may meet for the purpose of discussing the provisions
subject to which the last foregoing article is to operate in the event
of no such address as is therein mentioned being presented, and those
provisions may include:—
|
|
|
(a) Safeguards with regard to patronage in Northern Ireland;
|
|
|
(b) Safeguards with regard to the collection of revenue in Northern Ireland;
|
|
|
(c) Safeguards with regard to import and export duties affecting the trade or industry of Northern Ireland;
|
|
|
(d) Safeguards for minorities in Northern Ireland;
|
|
|
(e) The settlement of the financial relations between Northern Ireland and the Irish Free State.
|
|
|
(f)
The establishment and powers of a local militia in Northern Ireland and
the relation of the Defence Forces of the Irish Free State and of
Northern Ireland respectively;
|
|
|
and if at any such
meeting provisions are agreed to, the same shall have effect as if they
were included amongst the provisions subject to which the Powers of the
Parliament and Government of the Irish Free State are to be exercisable
in Northern Ireland under Article 14 hereof.
|
|
|
16.
Neither the Parliament of the Irish Free State nor the Parliament of
Northern Ireland shall make any law so as either directly or indirectly
to endow any religion or prohibit or restrict the free exercise thereof
or give any preference or impose any disability on account of religious
belief or religious status or affect prejudicially the right of any
child to attend a school receiving public money without attending the
religious instruction at the school or make any discrimination as
respects state aid between schools under the management of different
religious denominations or divert from any religious denomination or any
educational institution any of its property except for public utility
purposes and on payment of compensation.
|
|
|
17.
By way of provisional arrangement for the administration of Southern
Ireland during the interval which must elapse between the date hereof
and the constitution of a Parliament and Government of the Irish Free
State in accordance therewith, steps shall be taken forthwith for
summoning a meeting of members of Parliament elected for constituencies
in Southern Ireland since the passing of the Government of Ireland Act,
1920, and for constituting a provisional Government, and the British
Government shall take the steps necessary to transfer to such
provisional Government the powers and machinery requisite for the
discharge of its duties, provided that every member of such provisional
Government shall have signified in writing his or her acceptance of this
instrument But this arrangement shall not continue in force beyond the
expiration of twelve months from the date hereof.
|
|
|
18.
This instrument shall be submitted forthwith by His Majesty's
Government for the approval of Parliament and by the Irish signatories
to a meeting summoned for the purpose of the members elected to sit in
the House of Commons of Southern Ireland, and if approved shall be
ratified by the necessary legislation.
|
|
|
|
On behalf of the British Delegation.
|
On behalf of the Irish Delegation.
|
|
(Signed)
|
(Signed)
|
|
D. LLOYD GEORGE.
|
ART O GRÍOBHTHA
|
|
AUSTEN CHAMBERLAIN.
|
(Arthur Griffith).
|
|
BIRKENHEAD.
|
MÍCHEÁL O COILEÁIN.
|
|
WINSTON S. CHURCHILL.
|
RIOBÁRD BARTÚN.
|
|
L. WORTHINGTON-EVANS.
|
EUDHMONN S. O'DÚGÁIN.
|
|
HAMAR GREENWOOD.
|
SEÓRSA GHABHÁIN UÍ
|
|
GORDON HEWART.
|
DHUBHTHAIGH.
|
|
December 6, 1921.
|
|
|
|
|
ANNEX.
|
|
|
|
|
|
1. The following are the specific facilities required.
|
|
|
DOCKYARD PORT AT BEREHAVEN.
|
|
|
|
|
|
(a)
Admiralty property and rights to be retained as at the date hereof.
Harbour defences to remain in charge of British care and maintenance
parties.
|
|
|
QUEENSTOWN.
|
|
|
|
|
|
(b)
Harbour defences to remain in charge of British care and maintenance
parties. Certain mooring buoys to be retained for use of His Majesty's
ships.
|
|
|
BELFAST LOUGH.
|
|
|
|
|
|
(c) Harbour defences to remain in charge of British care and maintenance parties.
|
|
|
LOUGH SWILLY.
|
|
|
|
|
|
(d) Harbour defences to remain in charge of British care and maintenance parties.
|
|
|
AVIATION.
|
|
|
|
|
|
(e) Facilities in the neighbourhood of the above Ports for coastal defence by air.
|
|
|
OIL FUEL STORAGE.
|
|
|
|
|
|
|
(f) Haulbowline
|
}
|
To
be offered for sale to commercial companies under guarantee that
purchasers shall maintain a certain mininum stock for Admiralty
purposes.
|
|
Rathmullen
|
|
|
|
2.
A Convention shall be made between the British Government and the
Government of the Irish Free State to give effect to the following
conditions:—
|
|
|
(a)
That submarine cables shall not be landed or wireless stations for
communication with places outside Ireland be established except by
agreement with the British Government; that the existing cable landing
rights and wireless concessions shall not be withdrawn except by
agreement with the British Government; and that the British Government
shall be entitled to land additional submarine cables or establish
additional wireless stations for communication with places outside
Ireland.
|
|
|
(b)
That lighthouses, buoys, beacons, and any navigational marks or
navigational aids shall be maintained by the Government of the Irish
Free State as at the date hereof and shall not be removed or added to
except by agreement with the British Government.
|
|
|
(c)
That war signal stations shall be closed down and left in charge of
care and maintenance parties, the Government of the Irish Free State
being offered the option of taking them over and working them for
commercial purposes subject to Admiralty inspection, and guaranteeing
the upkeep of existing telegraphic communication therewith.
|
|
|
3. A Convention shall be made between the same Governments for the regulation of Civil Communication by Air.
|
No comments:
Post a Comment