IRISH FREE STATE

New Zealand Herald, Volume LXXII, Issue 22215, 16 September 1935, Page 10

IRISH FREE STATE

WAY TO A REPUBLIC ALTERING CONSTITUTION DUBLIN, Sept. 13 "The Constitution will be further revised to produce a Republican Constitution," said Mr. Sean Lemass, Minister of Industries and Commerce, at a Fianna Fail meeting. Ho added: "Wo have now reached the stage at which the complete achievement of our national objective is within sight.

"The Free State's Constitution, which has undergone many changes, today is very different from the document published on the eve of the civil war, but even at present it is not acceptable to the Irish people. Accordingly it must be revised." Referring to the Privy Council judgment of June 6 Mr. Lemass said the treaty which the Fianna Fail had not regarded as morally binding was now recognised as not binding by the supreme British tribunal. The Free State now completely controlled its own affairs except for certain formal acts executed in the name of the British King instead of in the name of the Irish peoplo.

Judgment was delivered on June 6 by the Privy Council on an appeal in relation to Free State fishery rights held by Robert Moore under grants of 1622. The Free State Supreme Court held that the grants were null and void. The Judicial Committee granted leave to appeal, shortly after which the Irish Parliament passed the Constitution (Amendment No. 22) Act of 1933, which Moore petitioned to have declared no bar to the maintenance of the original appeal. The Privy Council ruled that the effect of the Statute of Westminster was to remove a fetter upou the Irish Free State Legislature by reason of the Colonial Laws Validity Act. That Legislature could now pass Acts repugnant to the Imperial Act. The Lord Chancellor, Viscount Sankey, said 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 tho Colonial Laws Validity Act forbade Dominion legislation repugnant to the Imperial Act. Under the Statute of Westminster the Free State coukl pass, and had passed, a repugnant Act. The statute gave it the power, of which it had availed itself, to. abrogate the treaty.