Constitution of the Irish Free State ARTICLES OF AGREEMENT

New Zealand Tablet, 15 December 1921, Page 18

Constitution of the Irish Free State ARTICLES OF AGREEMENT

In the agreement, which is entitled “The Treaty between Great Britain and Ireland,” signed on December 6, the first article states; Ireland shall have the same constitutional status in the comity of nations known as the British Empire, as Canada, Australia, New Zealand, and South Africa, with a Parliament having powers to make laws for the peace, order, and good government of Ireland, and an executive responsible to that Parliament, and shall be styled the Irish Free State. .The second article states: Subject to the provisions hereinafter stated, the position of the Irish Free State in relation to the Imperial Parliament shall be that of Canada. Article three states: The representative of the Crown in Ireland shall be appointed in like manner to the Gov-ernor-General of Canada. The fourth article gives the text of the oath as follows : I do solemnly swear my true faith and allegiance to the constitution of the Irish Free State as by law established, and that I will be faithful to George V., his heirs and successors, in virtue of the common citizenship of Ireland with Great Britain and her adherence to the membership of the group of nations forming the British Commonwealth of nations. The fifth article states; The Irish Free State shall assume its liability in the public debt to the United Kingdom to the present date, and. the payment of war pensions in such proportion as may be fair and equitable, the amount being determined in default of an agreement by arbitration by independent citizens of the Empire. Article six; Until an arrangement is made between the British and Irish Governments, by which the Free State undertakes its own coastal defence, the sea defence of Great Britain and Ireland shall be undertaken by his Majesty’s Imperial forces. This does not prevent Ireland from maintaining vessels which are necessary for the protection of its revenue and fisheries. This article to be reviewed five years hence with a view to Ireland undertaking a share in her own coastal defence. Article seven: The Irish Government shall afford his Majesty’s Imperial forces in time of peace harbor and other facilities, and in time of war or strained relations with a foreign Power such harbor and other facilities as Great Britain may require for purposes of defence. Article eight: "With a view to securing the observance of the principle of the international limitation of armaments, if the Irish Government establishes a military defence force, the establishments thereof shall not exceed such proportion of the British establishments as that which the population of . Ireland bears to the population of Great Britain. Article nine: The ports of Britain and the Irish Free State shall be freely open to the ships of other countries on payment of the customary port dues. Article 10: The Irish Government agrees to pay fair compensation, not less favorable than the Act of 1920, to judges, officials, police, and other public servants who are discharged or are retiring in consequence of the change of Government. This agreement does not apply to members of the auxiliary police force or persons recruited in Great Britain for the Irish, Constabulary during the last two years. The British Government assumes the responsibility for such compensation. . , Article II: Until the expiration of a month from the passing of the Act and Parliament ratifying the treaty, the powers of the Irish Free State, shall not be exercisable in respect to northern Ireland, and. the provisions of the 1920 Act relating to Northern Ireland shall remain in full force.' No election shall be held lor the return of members to serve in the Parliament of the Free State for

the constituencies of Northern Ireland unless both Houses in Northern Ireland pass a resolution in favor of holding such elections before the end of the said month. Article 12: If before the expiration of the said month both Houses of the Northern Parliament present an address to his Majesty, the powers of Parliament and the government of the Free State shall no longer extend to Northern Ireland, and the provisions of the Act of 1920, including those relating to the Council of Ireland, shall, so far as they relate to Northern Ireland, continue in full force, provided, if such address is presented, a commission of three people, one appointed by the Free State, another by Northern Ireland, and the third (the chairman)'appointed by the British Government, shall determine in accordance with the wishes of the inhabitants, so far as they may be compatible with the economic and geographical conditions, the boundaries between Northern and the rest of Ireland, such boundary to apply for the purposes of the 1920 Act, as well as this instrument. Article 13: For the purposes of the foregoing article, the powers of the Parliament of Southern Ireland, under the Act of 1920, to elect the members of the Council of Ireland, shall be exercised by the Parliament of the Free State. Article 14: If no address is presented in a month, the Parliament and the Government of Northern Ireland shall continue to exercise the powers conferred by the 1920 Act, but the Parliament and the Government of the Free State shall, in Northern Ireland, have, in relation to matters in respect whereof the Parliament of Northern Ireland has not power to make laws, the same powers as in the rest of Ireland, including matters which, under the 1920 Act, are within the jurisdiction of the Council of Ireland. Article 15: Any time hereinafter the Government of Northern Ireland and the Provincial Government of Southern Ireland, hereinafter constituted, may meet for the purposes of discussing the provisions, including the following: (a) Safeguards regarding patronage in Northern Ireland; (b) safeguards regarding revenue of Northern Ireland; (c) safeguards regarding the import and export duties affecting trade and industry in Northern Ireland; (d) safeguards for the minorities in Northern Ireland; (e) the settlement of financial relations between Northern Ireland and the Free State (f) the establishment of the powers of a local militia in Northern Ireland and the relation of the defence forces of the Free State and of northern Ireland respectively. If at any such meeting the provisions are agreed on they shall have effect as if they were included among the provisions set out in Article 14. Article 16: Neither the Parliament of the Free State nor of Northern Ireland shall make any law, directly or indirectly, endorsing any religion or prohibition, restrictions the free exercise thereof, or give any preference - 'or impose any disability on account of religious belief or religious status, or affect prejudicially the right of any child to attend a school receiving public money without attending religious instruction at the school. The Parliaments shall not make any discrimination respecting State aid between schools under the management of the different religious denominations, or divert from any religious denomination or educational institution any of its property, except for public utility purposes, and after the payment of compensation. Article 17: As provisional arrangement for the administration of Southern Ireland during the interval between the present time and the constitution of the Parliament and Government of .the Free State, steps shall be taken forthwith to summon a' meeting of members of the Parliament elected for the constituencies of Southern Ireland since the 1920 Act, and constituting a Provisional

Government. The British Government shall take the steps necessary to transfer to such Provisional Government the powers and machinery requisite to discharge its duties, provided every member of the Provisional Government shall signify in writing his or her acceptance of this instrument. This arrangement shall not continue in force longer than one year. ' * Article 18: This instrument shall be submitted forthwith for approval by the British Parliament and byNthe Irish signatories to a meeting of the members elected to sit in the House of Commons in Southern Ireland and if approved it shall be ratified by the necessary legislation. The treaty was signed by ‘ Mr. Lloyd George, Lord Birkenhead, Mr. Churchill, Sir L. Worthington Evans, Sir Hamar Greenwood, Sir Gordon Hewart, Mr. Arthur Griffith, Mr. Michael Collins, Mr. R. C. Barton, and Mr. Gavan Duffy.