REMOVAL OF FETTER

Evening Post, Volume CXIX, Issue 133, 7 June 1935, Page 9

REMOVAL OF FETTER

THE IRISH FREE STATE

STATUTE OF WESTMINSTER

KING'S PREROGATIVE

United Press Association—U.v Kleeirlc Tele

erapli—Copyrlßbt. (Received June 7, 10.20 a.m.)

LONDON, June 6.

The effect of tlie Statute of Westminster was to remove the fetter upon the Irish Free State Legislature by reason of the Colonial Laws Validity Act. That Legislature can now pass Acts repugnant to the Imperial Act.

The foregoing is the kernel of an important Privy Council judgment on appeal in.relation to the Irish Free State's fishery-rights held by one Robert Moore under the grants of 1622. The Irish Free State Supreme* Court held that the grants were null and void. The Judicial Committee granted leave to appeal Shortly afterwards the Irish Parliament passed the Constitution (Amendment No. 22) Act. 1933. which Moore petitioned to have declared no bar to the maintenance of the original appeal.

Lord Justice Sankey declared that before the passing of the Statute of Westminster it was not competent for the Irish Free State Parliament to pass an Act abrogating the 1921 Treaty, because the Colonial Laws Validity Act forbade Dominion legislation repugnant to the Imperial Act. Under the Statute of Westminster the Free State could pass, and had passed, a repugnant Act. The Statute gave them power of which they had availed themselves to abrogate the Treaty.

Dealing with the contention that the amendment was invalid because it affected the prerogatives of the King in a matter outside the Dominion and outside the competence of the Free State Parliament, Lord Justice Sankey said:

It is enough here to say that, whatever might be the position of the King's prerogative if it were left as a matter of common law, it is here, in this particular respect, and in this particular enactment,, made a matter of Parliamentary legislation, so that the prerogative is pro tern merged in the Statute, and the Statute gives powers of amendment and altering the statutory prerogative.

The petition was therefore dismissed.