FULL TEXT ISSUED

Evening Post, Volume CIII, Issue 141, 17 June 1922, Page 5

FULL TEXT ISSUED

FREEDOM OF SPEECH AND

THOUGHT,

PROVISION FOR REFERENDUM

OWITltf PRESS ASSOCIATION.—COPTRMHT.)

ÜBSIBAMAN • NBff ZEALAND CABLE ASSOCIATION.)

LONDON, 15th. June. The full text of the Irish Constitution lias been published.

The preamble states: "The Constitution shall be construed with reference to the articles of the Treaty attached to the Constitution, which is hereby given the force of law. If any provision in the Constitution, any amendments thereof, or any Jaw made thereunder, shall in any respect be repugnant to the schedule of the. Treaty, it shall, to the extent of such repugnancy, be absolutely void and inoperative."

. The first four articles define the powers, terms of citizenship, and language of the new State. They set out that the Free State is a co-equal member of the community of nations forming the British Commonwealth, and everyone domiciled in the Free State area who is of Irish birth, or has been domiciled there for seven years, is a citizen. The national language is Irish, but English is equally recognised as an official language.

Article 5 states : No title or honour in respect to any services, rendered in relation to the Irish State may be conferred on any citizen in the State except with the approval and advice of ihe (Executive Council of State.

Articles .6 and 7 ordain that the liberty of the person shall be inviolable, and that the dwelling of each citizen shall be inviolable and shall not be forcibly entered except' in accordance .with the law.

Article 8 states that freedom of conscience and the free profession and practice of religion are the inviolable rights of every citizen, and no kvv may be made, either directly or indirectly, to endow any religion, prohibit or restrict the free exercise thereof, or to give any preference and impose any disability on account of religious belief, or to affect the right of any child to attend a school receiving public money, without attending schools of religious instruction.

Article 9 states: The right of free expression of opinion, and the right to assemble peaceably without arms and form associations, is guaranteed for purposes not opposed to public morality. Laws regulating associations shall not contain political, religious, or class distinctions. All' citizens shall have the right to free elementary education.

Article 11 provides that the rights of the State in natural resources of which the use is of national importance shall not be alienated. Their exploitation by private individuals is only to be permitted under State supervision. THE FORM OF PARLIAMENT. . Articles 12 to 17 deal with Parliament. They provide that the Parliament will consist of the King, a Chamber of -Deputies, and a Senate. The members of Parliament are to take an oa.Ui to be faithful to King George' and his heirs, in virtue of Ireland's membership of the British. Commonwealth. All citizens without distinction of sex who have reached the age of 21 years shall have the right to vofc) for members of the Chamber of Deputies and to take part in a referendum or initiative. All citizens aged 30 shall have the right to vote for members of the Senate, voting being by secret ballot. Every citizen of 21 years and over shall be eligible for membership of the Chamber of Deputies, which shall bo known as the Dai] Eireann. Articles 18 to 25 deal with the rights, privileges, and methods of conducting Parliament, including provision for the payment of members and free travelling facilities to any part of Ireland. Parliament must hold at least one session a. year, the sittings being public, but in cases of emergency there may be a pri.vate sitting with the assent of two-thirds .of the members.

, Article 26 states that the total number of members of the Chamber shall be not less than one member to -each 30,000 of the population, or more than one member to each 20,000. The members are to be elected on the principle of proportional representation, and Parliament is to revise, the constituencies at least once in every ten years. The polls are to be held on the same day throughout the country.

SENATE AND ITS POWERS.

/ Articles 29 to 33 deal with the Senate, which shall be composed of citizens who have done honour to. the nation by reason of useful public service, or who," because of special qualifications or attainments, represent important aspects of the nation's life. Each university is to elect two representatives. The number of Senators, excluding those from the universities, is .to be 56. Senators, who must have reached the age of 35, will hold office for twelve years. Article 31 states: One-fourth of the members of the Senate, exclusive of those from the universities, shall be elected every three years by means of proportional representation from a panel, for which the whole of Ireland shall be a single electorate. The panel shall consist of three times as many qualified persons as there are members needed, of whom the Chamber shall nominate twothirds and the Senate one-third.

Abides 34 to 44 deal with legislation. The Chamber has exclusive legislative authority to pass Bills dealing with taxation and the public debt. Every Bill passed by the Chamber shall be sent to the Senate, and, unless it is a money Bill, may be amended by the Senate but a Bill passed by tho Chamber shall, within 275 days after being sent to the Senate, be deemed passed by both Houses in the form in which it is passed by the Chamber.

Article 43 empowers Parliament to create subordinate legislatures not possessing powers over defence, Hie post office, Customs, or excise.

Article 44 empowers Parliament to establish functional or vocational councils representing branches of the nation in its social and economic life, with prescribed rights and duties.

Article 45 gives Parliament exclusive right to regulate the raising and maintaining of armed forces mentioned in the Treaty in the territory of the Free State, and every such force shall be sub- j ject to the control of Parliament. INITIATIVE AND REFERENDUM. ■ Articles 46 to 49 deal with the referendum and initiative. Any Bill passed by both Houses may be suspended for ninety days on a written demand by two-fifths of the members of the Chamber or a majority of the members of the Senate. Such Bill shall be submitted by referendum to the decision of the people before the expiration of ninety days, either by resolution of the Senate assented to by three-fifths of the Senators, or by petition signed by not- less than onetwentieth of the voters. The decision

of the people at such referendum shall be conclusive. These provisions are not to apply to money Bills or such Bills as both Houses declare necessary for the immediate preservation of the public peace, health, or safety. Parliament may provide for the initiation by the people of proposal for laws or constitutional amendments. Such proposals may be initiated on a petition of 50,000 voters. Every amendment to the Constitution must be submitted to a referendum, and shall not pass unless-a majority of voters on the register, or two-thirds of the votes recorded are in favour >f such, amendment. Save in the case of actual invasion, the Free State shall npt be committed to active participation in any war without the assent of Parliament. THE EXECUTIVE COUNCIL. Articles 50 to 59 deal with the Executive Council. Executive authority is vested in the King, advised by an Executive Council, consisting of twelve Ministers, of whom four are to be member's of the Chamber of Deputies, and eight not members of Parliament. The eight will be chosen by a committee of the Chamber. The Ministers who are members of Parliament will alone be responsible for external affairs. The Ministers who are not members of Parliament shall be chosen with due regard to their suitability for the office, and as far as possible shall be representative of the Irish Fre.e State as a whole rather than of groups or parties. Should any nominatior not be acceptable to the Chamber, a committee of the Chamber shall propose names until one is found acceptable. .Ministers who are not members of Parliament' shall be the responsible heads of their executive Departments, their term of office being the term of the Chamber, but each will continue in office until his successor is appointed. The salary of the Governor-General will be the same as that of the Governor-General of Australia (£10,000).

Articles 63 to 71 deal with the judiciary. One provision is: "The decision of the Supreme Court shall be final, provided that nothing in this Constitution impairs the right of any person to petition the King for special leave to appeal from the Supreme Court to ]3is Majesty in Council."

The remainder of the clauses deal with transitory provisions, including the method of electing the first Senate, which will consist of the university members and twenty-eight .members nominated by the President of the Executive Council and twenty-eight elected by the Chamber, the voting being on the basis of-propor-tional representation.