CONSTITUTION'S TERMS

Auckland Star, Volume LIII, Issue 142, 17 June 1922, Page 7

CONSTITUTION'S TERMS

ELECTING THE MINISTRY,

LETTER OF THE TREATT. MUST 3E ADHERED TO. ,Pr Cable I'r. -< A--... 1.111,.; CopyrUli ' LONDON. .lun.- Id. The preamble uf the Cun-t itm iun „ talcs tloi! the loiisl ilui ion shall lie ..tistruol with reference to ti rticle-. „f the treaty between ihe Hrii.-h i; o\ - .■rmnciil and the Irish l-'re.- Slate attached to 1 in- ( oust ii m ion. which lierchy shall be given Ihe force uf law. If any pruvi-iun ..' \r.e Constitution. any amendment thereof, .o any law inauc (hereunder. - in an\ respccl repugnant to the schedule containing ihe treaty, il shall to ihe i-m.-ui ~f - u ,b repugnancy br- absolutely void and ' m . operative. The lir-l four articles delinc Ihe power?, terms i.f cit i/.ciiship. and language of the new Stat.-. Tlie Irish Free State is a co-cipial member uf the community of nation* forming the British Commonwealth. Kveryune domiciled in the Fr.-c Stat.- aro.i who is of Irish liirth or has been domiciled for seven years is a rili/cn. The national Iniiifnage is Irish, but ICngli-h is ci|ually recognised a- an official language.

Article •"> states t hat no title of honour in respect ol any service rendered in relation to the Irish Free State mnv be .•(inferred on any citizen of the Stale except with the approval and advice of tlie Executive Council of the State.

Articles ij and 7 ordain that liberty of the person is inviolable, an.l the dwellins of each citizen i- inviolable, and -hall not be forcibly entered except in accordance with the law.

NO RELIGIOUS ENDOWMENT. Article S states tbnt freedom of con-K-iencc and free profession and practice of religion and inviolable rights of every citizen, and no law may be made cither directly or indirectly tv 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 affect the ri_rht of any child to attend a school receiving public money without at'ending schools for religious instruction.

Article 0 ordains that the right of free expression of opinion and the right tn assemble peaceably without arms and to form associations are guaranteed for purposes nut opposed to public morality, and that tbe laws regulating associations shall not contain any political, religious, or class distinction. All citizens have the right to free elementary education.

Article 11 states thai the rights of the State in natural resources, the use of which is of national importance, shall not be alienated, and their exploitation by private individuals shall only be permitted under State supervision.

VOTES FOR SENATE AT 30. Articles ]2 to 17 deal with Parliament, which shall consist of the King, a Chamber of Deputies, and a Senate. All members shall take an oath to be faithful lo King ('eorge and his heirs nnd Micce.ssors in virtue of Irish membership of the British Commonwealth. All citizens, without distinction uf sex, who have reached the age of 21

years shall have the right to vote for members of the Chamber of Deputies and to take part in the referendum or initiative. All citizens who have reached the age of .10 shall have the right to vote for members of the Senate. Voting shall bo by secret ballot. Every citizen of 21 years and over shall be eligible fur membership of the Chamber nf Deputies which shall be known a s tbe Dail Eirann.

Articles 18 to 23 deal with the rights, privileges, and methods of conducting Parliament, including provision for the payment of members nnd free travelling facilities in any part uf Ireland. Parliament must hold at least one session yearly. Its sitting snail be public, but in cases of emergency it may hold private sittings with the assent of twothirds of the members.

Article 20 states that the total number of members nf the Chamber of Deputies shall not be less than one member for each 30,000 of the .population, or more than one member fur each 20.000. Members shall be elected on the principles of proportional representation and Parliament shall revise Hie constituencies at least once every 10 years, foils shall be held on the same day throughout the country. POWERS OF THE SENATE. Articles 20 to 33 deal will, the Senate, which shall be composed of citizens who have clone honour to the nation by reason of useful public service, or who because of special qualifications and attainments represent, important aspects of the nation's life. Hath university fhall elect two representatives and the "umber uf Senators, excluding representatives of the universities, shall be 5)1. A Senator must have leached the age of 35, and shall hold I'fliee for Is! years.

Article ;jl states that one-fourth uf the members of the tjenate, exclusive uf the representatives of the universities, shall be elected every three yarn by nieans of proportional representation from a panel for which the whole of Ireland shall be as a single electorate. 'ihe panel shall con.iist of three times as many qualified candidates as members needed, of which the Chamber nf Deputies shall nominate two-thirds and the Senate one-third.

Articles 14 to 43 deal with legislation. The Chamber of Deputies shall have exclusive legislative authority in regard to money bills, luxation and public debt. Every bill passed by the Chamber nf Deputies shall be sent to the .Senate, nnd unless it is a money bill it may be amended by tlie Senate, but a bill passed by the Chamber of Deputies shall within 275 days after it has been scut to the Senate'be deemed to be passed by both Houses in the form in which il was by the Chamber.

Article 41 empowers Parliament to create subordinate legislatures not possessing powers over defence, the Post Office." Custom-, or excise. Article 1-1 empowers Parliament to establish functional or vocational councils represent - "i? branches of Ihe nation's social and economic life with prescribed rights »nd duties. RAISING ARMED FORCES. Article 43 gives Parliament exclusive right to regulate the raising and maintaining of the armed forces mentioned in the treaty in tbe territory of tbe r ree State, and every stub force shall be subject to the control of Parliament. Articles 46 lv 411 deal with the referendum and initiative. Any bill passed ■*_)' botli Houses may be suspended for IH) days on a written demand by twofifths of the members of the Chamber

ol llep'.ilie- or by n majority ~f the member- of tin- Senate. ' Such a bill shall be submitted l.y referendum to the derision uf the people before the expiration ot !UI days either by resolution of the Sena;,, us-cni c,| i,, by i hree-tiftlis oi ihe Senators or by a petition signed by not less than onc-lweiit icth nf the

w.n-rs. T| M . decision of tlie people e\ pressed by such referendum shall be .(inclusive. Tbc-c pro. i*ion«. shall no! apply to money hills ~,- sttc-h bills as b"th llou-es declare arc necessary for tlie immediate |ire«'rva<iun uf public pence, boiillh. and -at-; v.

Parliament may provide for initiation by the people „f proposals for laws or Constitutional amendment. Such pro posals may be initiated on a pel it ion by ."iii.OOO voters. F.vory amendmenl to the Const itiilioti miisi be submitted to a referendum, and shall not puss unless :, majority uf the voters on the register or two-thirds ,ii the voters recorded are in favour of the amemlnient.

Save in a .-use ~f actual invasion the Free State shall not be committed to active participation in any war without lm- assent „f Parliament.

MINISTERIAL ELECTIONS. Articles .",(1 and ..f) deal with the Executive Council. Executive authority -ball be vested iv the Kin-, advised by nil Executive Council, responsible to tbe I'hanibcr of Deputies, consisting of l_! Ministers, uf .-.horn four siiall be members of ihe chamber.and eigln not member- of Parliament. The eight who arc no: members of Parliament shall lie chosen by a committee of the chamber. These Miui-ters shall be chosen with due regard K> ilicir suitability for office. ami as far :is possible they shall be representative oi the Irish l-'rcc Stale as a whole rather than of groups coparties, should any nomination not be accept able io the Chamber of Deputies the >'iminiii tee of the chamber shall propose names until one i- found acceptable. Ministers who are not members of Parliament shall lie Ihe responsible beads of their executive departments. I heir term of oflice being the term of tbe chamber of Deputies, but they shall continue in office until a successor is appointed. The Ministers who are members of Parliament shall alone be responsible fur external affairs.

The salary of the (lovcrnur-Gcneral shall be the same as that of the (iover-nor-Oeneral of Australia.

Articles Oil to 71 deal with the Judiciary. The decision of the Supreme Court shall be iinal provided that nothing ill t,lijs Constitution impairs the right of any person tv petition the King for special leave to ap]ieal from the Supreme Court to His Majesty in Council.

The remainder of tbe clauses deal with transitory provisions, including the method of ejecting the first Senate, which shall consist of university members. 28 members nominated by the president of the Executive Council, and 28 elected by the Chamber of Deputies voting by proportional representation.

SOUTHERN UNIONIST VIEW,

MINORITY NOT SAFEGUARDED. ENGLISH PRESS DOUBTS. LOKDOX. June 16. "Mr. Arthur l.riflith. interviewed before returning to Dublin, declared that the, new Constitution was that of a free; democratic State under which Ireland fori the first time in centuries bad secured power to control and develop her own 1 resources and lead her own national life. The Enrl of Midlcton. the Karl of Dououghmoro. Dr. .1. 11. Bernard (Provost of Trinity College. Dublin), and Mr. Andrew Jameson (ex-governor of the Bunk of Ireland I. the representatives of the Southern Irish I'nionists. whom Mr. Winston Churchill consulted, have issued the following statement: •'While given an opportunity of seeing and discussing portions of the 1-Yce State Constitution affecting the composition and relations of the two Houses. We never saw the other articles. While recognising that desire ha-s been shown to meet our views, we regret that the precedent of the Semite under the Act of lIKO has nut been followed. We are not satisfied that Ihe new Senate will afford genuine protection lv Irish minorities. The •Morning Post" declares: 'There is no previous example of a British Dominion receiving a Constitution while it,- forces were actually fighting the British Army, and when violence and ' nothing else is governing the country. Where is the sense of discussing tbe terms uf the Constitution, which, like the treaty, is a lie and deception in its very nature, and in nowise affects! the Irish situation." Thi' "Daily News" asserts that no one honestly willing tv sec autonomy | granted tv Ireland can well quarrel with the Constitution: conversely, those so doing must at heart be opposed to granting any real freedom to Ireland. The "Daily Nov.," doubts the wisdom uf the referendum aud initiative provi-

The -U uls i lir iii-.-le declares c.:i-. tiv:' Ministers as a departure from Parliamentary practice thai is premature in a country which has nut yet put tbe older method in working order. It dec-lares that the safeguard.-: fur Protestants arc 'ou thin, on the ground thai the -senate '.s practically a mere advisory body and i* only aide In postpone, legislation 270 days. Il points out the Dail to lie elected to-day may considerably amend tbe draft.

The "Westminster Ouzel to" declares: "The I'i'ce Stale Constitut ion conforms with the Treat*. This i- ill we want to know. The treaty made us right with Ireland nnd the res! of th.-' world. If <'oe is worse governed under the new than the old regime, that is her affair." (A. and X.Z. Cable.J

The "'rimes." in a leader commenting on the Constitution, thinks tbe situation is still 1 no clouded and obscure fur coiilidence. Tbe difli.-uities ari<si;>._. out of the extremists' power and the weakness of Irish public opinion are f-till must menacing, vet whatever obstacles still exiist il is a. mallei- of real importance that Irishmen have placed upon record an instrument which, if faithfully upheld, may prove a practical solution of an age-lung problem. - i "Times.** i

IRISH PRESS VIEWS. A MAGNIFICENT CHARTER. SOVEREIGNTY OF THE PEOPLE. LONDON, .lune Hi. The "Belfast News Letter" states that the constitution has apparently been improved in consequence of conversations in Downing Street, but all depends on how those arc interpreted in practice and what effort the Free State Government makes to protect Protestants from persecution and spoliation.

Tbe '■Northern Whig" says that tbe constitution embodies advanced democratic principles and the latest and most

ingenious devices lv make the people sovereign. The "Irish Time-" regards the constitution as a magnificent charter vi liberty, which stretches the principles of domestic government within the Empire to the furthest joint. If the oath be taken sincerely parliamentarians of new Ireland stand on the threshold of a splendid career.

"Freeman's Journal" is cautious. It points out that the constitution is il] only n draft. It- appearance bus furnished ihe final argument ior the election of the best men.

The "Irish JtulpprmiplU" eon<iders tinprovisions in regard to the composition and election i>l the Senate elaborate and injrenions. liut tlie mrtliotl of Hect-iuu i- unwieldy. - (A. ami N.Z. Cable.) ARSON AND LOOTING. i.Rprivf-,1 11..■:<■> n.m.l I-ONDON. -f mi.' Hi. l.urjic Miap anil lamile workw in IVlfasi Wfro (lostroved liv inenuliurirs 10-day. Tlie ninli took of tJic tiro in I 00l ii. number nl ,-iiop> In I lie lui-nlity. - IA. nnci N.Z. ( ahle.)