IRISH FREE STATE

Manawatu Standard, Volume LV, Issue 246, 14 September 1935, Page 7

IRISH FREE STATE

THE NATIONAL OBJECTIVE. REPUBLICAN CONSTITUTION. “ACHIEVEMENT IN SIGHT.” (United Press Association—By Electric Telegraph.—Copyright.) Received September 14, 1.5 p.m. DUBLIN, Sept. 13. “The Constitution will be further revised, producing a republican constitution,” said Mr Eean Lemass at a Lianna Fail meeting. Pie added: We have now reached the stage at which the complete achievement of our national objective is within sight. Hie Free State Constitution, which has undergone many changes is to-day very different from the document ]>ublished on the eve of the civil war, but even at present it is not acceptable to the Irish and accordingly must be revised. Referring to the Privy Council judgment given in June Mr Lemass said the treaty, which the Fianna Fail did not regard ns morally binding, was now recognised as not binding by the supreme British tribunal. The Free State now completely controlled its own affairs except certain formal Acts executed in the name of the British King instead of in the name of the Irish people.

I'be effect of the 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 an Imperial Act. The loregoing was the kernel of an important Privy Council judgment given in June on anneal in relation to Free State fisher rights held bv Robert Moore under grants of 1622. The P’ree State Supreme Court held that the grants were null and void. The Judicial Committee granted leave to appeal. Shortly afterwards the Irish Parliament passed a Constitution amendment (No. 22) , to the Act in 1933, which Mr Moore petitioned to have declared no bar to the maintenance of the original appeal. Lord Sankey declared that before the passing of the Statute of Westminster it was not competent for the Free State Parliament to pass an Act abrogating the 1921 Treaty, because the Colonial Laws Validity Act 'forbade Dominion legislation repugnant to an 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 Ivmg in a matter outside the Dominion and outside the competence of the Free State Parliament, Lord Sankey said: It is enough liere 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 gives powers of amendment and altering the statutory prerogative. The petition was, therefore, dismissed.