NEWER IRELAND

Evening Post, Volume CXXV, Issue 28, 3 February 1938, Page 5

NEWER IRELAND

FRESH CONSTITUTION

SIGNIFICANCE OF CHANGE

PEOPLE APATHETIC

Today Ireland enters upon a new era; it is Constitution Day in what, for the past fifteen years, we have called the Irish Free State, wrote Edward F. MacSweeney in the "Daily Telegraph and Morning Post" on December 29. Today that name disappears from official usage; Eire—the old Gaelic .iame for Ireland—takes its place. The Constitution of 1922, based on the provisions of the Anglo-Irish Treaty of the previous year, which ended the years of intermittent warfare between Britain and Ireland, is no more; it will disappear from official book shelves to the cellar archives. In its place will be the new Constitution, a long and portentous document, in which Mr. de Valera has embodied his aims for a free and independent Ireland. He has already declared that not a single comma of this document-would need to be altered if a republic were to be declared, in Ireland—an event which is still remote. • One strange'feature of this new Constitution, however, is the fact that it covers the whole of Ireland—the six counties of-Northern Ireland (which, of course, remain under the jurisdiction of the unwritten Constitution of the United Kingdom) as well as the 26 counties which formed the Irish Free State. Since it is impracticable to work his new Constitution fully while Northern Ireland remains in the United kingdom with a Parliament of its own, as well as representatives at Westminster, Mr.' de Valera says that the Constitution will operate in the Free State area only—"pending the reintegration of the national territory." WORKING THROUGH BRITAIN. ■Taking no direct cognisance of the King as head of the Empire, the Dublin Government will' still continue to make use of the, Crown "for external purposes," such as the appointment of diplomatic representatives abroad, and to permit the use of British consular service's in places wh^re it is not represented by'its own officials. ■At the present -time: the Free State has only six Ministers in foreign capitals—another will be appointed to Rome in triel near future—a High Commissioner 'in.'- London,' a; representative accredited1 tothe League of Nations and consular officers' ,iri four cities in the United-States. 'The'benefits to be ob : tairied .by ..membership of' the British Commonwealth 'of * Na'tions, such as Imperial preference, will still be available to Eire. ./.,.. • Under the'new Constitution, Mr. de Valera. (and his successors in the office hitherto known as President of the Executive Council} will "be known as Taoiseach (Prime . Minister)', and the head. of the State will' be .known as Uachtaran Mr.'de Valera, has declared on a number of occasions, that this office of President of Eire shall be "above politics," but this pious hope is virtually impossible of achievement in the present, state of Irish politics.- ' ■■.". There is no hope of a coalition between Mr. de Valera arid'the Leader of the Opposition, Mr.' William Cosgrave, jwho was'President of the Executive Council for the first ten years of the Free State's history. , In'_ the" circumstances, therefore, there is -ittle likelihood of an "agreed candidate" for the office being found. •■ • ' • ■ ! ■■ s?lie. two names which have been mentioned in connection with the post (which must be filled i within six 'months 'from today) are' those' of the VicerPresident .of the: Executive ;Council,and Minister:for Local,Government and'Public. Health. (Mr. Sean T. O'Kelly) and the' Lord 'Mayor of Dublin' (Alderman" Alfred Byrne, an Independent member of the Dail). THE GOVERNMENT NOMINEE. Mr'. O'Kelly would, of course, be the Government party nominee and, as such,- would have all the backing oi the party machine which has been developed during the past few years and which secured the Government 603,172 votes'in-tlie General Election of last July, against the 720,892 .votes of the other combined parties. ' , His appointment,' in many quarters, would not be regarded as^a happy- one; a "sabre-rattling" speech against Northern Ireland to a small branch meeting of his.party. in Dublin a :;ear or so ago achieved wide publicity and is still bitterly resented in,the North. . On;the other hand, there is the per-sonally-popular, hand-shaking little man who has been Lord Mayor of Dublin for eight years.. In Dublin he would sweep the ; polls ,'against any candidate the Government put up, but I it is doubtful if he is sufficiently well known in, the country districts where Mr. de Valera and his party have^such a strong, following. •The entry of a Labour candidate into the field would still further complicate matters and might divert a sufficient number of the country votes from the Government nominee to allow'Alderman Byrne to snatch a victory-" But whatever the : "field," if it is nominated' on these lines, Ireland must expect a bitter political campaign and say good-bye to the ideal of a President who,, is "above politics." The Constitution itself was passed by the Dail last June and submitted to a.plebiscite on the day of the General Election on July 1. It was not the sweeping success for which Mr. de Valera and his associates had hoped; it was passed by a majority of only 158,160 out of a total poll of 1,212,050. -Five areas voted against its acceptance—Dublin Townships, ' Dublin County, Cork West, Sligo, and Wicklow. ' ' ENOUGH FOR POWER. Despite the small size of the majority it is sufficient to give Mr. de Valera the power td describe his acts under the Constitution as an "implementation of the people's will"—and just a few years ago he was referring in the Dail to "the so-called will of the people." Strangely enough, it was his bitter opponent, Mr. Cosgrave (then President of the Executive Council) who paved the way for Mr. de Valera's Constitution. This is how it happened: . Apparently lulled into a false sense of security by seven years of office, and not perceiving the people's slowlychanging attitude towards his Government, Mr. Cosgrave introduced an amendment to the Constitution—one of the 25 made within the past 15 years —in 1929; In its original form Article 50 provided that after the expiration of eight years from its coming into operation (1.e., 1930) no changes could be made in the Constitution by ordinary legislation unless subsequently approved by a Referendum. The amendment provided for an extension' of this period for a further eight years, and thus Mr. de Valera found a chance to push through his earlier changes in .the Constitution of 1922, such as the Removal of the Oath Of Allegiance to the King. Finally, he found himself able to present the country with a new document of his own. Amongst the features of the new Constitution there is a provision for a. Council of State—a kind of Privy

Council—and another which women believe may have a restrictive influence on their activities in industry; yet another section, it is alleged, may prejudice the freedom, of the Press, although Mr. de Valera did consent, to modify the conditions.of this: section during the passage of the Draft Constitution through'the Dail. The general feeling in Ireland about this much-heralded Constitution is one of little concern: Its coming into, operation will be marked only1 by the issue of a special commemorative postage stamp. Nobody feels that it is going to change his daily life. It is not going to, put food into the mouths of the 92,000 ' unemployed, nor is it going to affect the liberty of the average citizen. ■ It is largely a political gesture which goes some part of the' way towards satisfying the idealist mind. of Mr. de Valera, who is probably the biggest idealist amongst modern politicians, and towards satisfying that section of his supporters which has been clamouring for a Republic, regardless of the financial and other complications which, such a step might bring in its wake. Yet it is a .singular fact that throughout the many pages which form the document of the new Constitution not a single mention is made of the word "Republic."