The Treaty and the Original Document No. 2

New Zealand Tablet, Volume L, Issue 15, 19 April 1923, Page 26

The Treaty and the Original Document No. 2

[Owing to the ignorance and confusion prevailing concerning what Mr. de Valera did actually propose we publish side by side the Treaty and his Document No. 2.} 1

THE TREATY. TREATY BETWEEN GREAT BRITAIN AND IRELAND. • v ARTICLES OF AGREEMENT. 1. Ireland shall have the same Constitutional status in the community of Nations, known as the British Empire, as the Dominion of Canada, the Commonwealth of Australia, the Dominion of New Zealand, and the Union of South Africa, Avith 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 and known as the Irish Free State. * 2. Subject to the provisions 'hereinafter out, the position of the Irish Free State in relation to the Imperial Parliament and Government and otherwise shall be that of the Dominion of Canada; and the law, practice, and constitutional usage governing the relationship of the Crown or the representative of the Crown and of the Imperial Parliament to the Dominion of Canada shall govern their relationship to the Irish Free State.

3. The representative of the Crown in Ireland shall be appointed in like manner as the Governor-General of Canada, and in accordance with the practice observed in tho making of such appointments., 4. The Oath to be taken by members of the Parliament of the Irish Free State shall be in the following form: "I . . . do solemnly swear true faith and allegiance to the Constitution of the Irish Fr.ee State as by law established, and that I will be faithful to H.M. King George V., his heirs and successors by law in,virtue of the common citizenship of Ireland with Great Britain; and her adherence to, and membership of, the group of nations forming the British Commonwealth of Nations." 5. The Irish. Free State shall assume liability for the service of the Public Debt of the United Kingdom' as existing at the date hereof and towards the payment of war •pensions as existing'at that date,*in such, proportion as may be.fair and equitable, having regard to any just claims on the part of Ireland by way of set-off or counter-claim, the amount,of such sums being determined, in default of agreement, by the arbitration*of one or more independent persons being citizens of the British Empire. 6. Until an arrangement has been made between the British and li;ish Governments whereby the Irish' Free State undertakes her own coastal defence, the-defence by sea of Great Britain and Ireland shall be undertaken by His Majesty's Imperial Forces, but this shall not prevent the construction or maintenance by the Government of the Irish Free State of such vessels as are necessary for the protection of the revenue or the fisheries. The foregoing provisions of-this Article shall be reviewed at a Conference of Representatives of the British and Irish Governments, to be held at the expiration of' five years from the date hereof, with a view to the undertaking by Ireland of a share in her own coastal defence.

~ 7. The Government of the Irish Free State shall afford to Hia'Majesty's Imperial Forces— ' ; '..,' - ' .. (a) In time of peace such harbor and other facilities

DOCUMENT NO. 2. " PROPOSED TREATY OF ASSOCIATION BETWEEN IRELAND AND THE BRITISH COMMONWEALTH PREAMBLE. In order to bring to an end the long and ruinous conflict between Great Britain and Ireland by a sure and lasting peace honorable to both nations; it is agreed: 1. That the legislative, executive, and judicial authority of Ireland shall be derived solely from the people of Ireland.

2. That, for purposes of common concern, Ireland shall be associated with the States of the British Commonwealth, viz.-the Kingdom of Great Britain, the Dominion of Canada, the Commonwealth of Australia, the Dominion of New Zealand, and the Union of South Africa. 3. That when acting as an associate the rights, status, and privileges of Ireland shall be in no respect less than those enjoyed by any of the component States of the'British Commonwealth. 4. That the matters of ''common concern" shall include Defence, Peaqe and War, Political Treaties, and all matters now treated as of common concern among the States of the British Commonwealth, and that in these matters there shall be between Ireland and the States of the British Commonwealth "such .concerted action founded on consultation as the several Governments may determine. 5. That in virtue of this association of Ireland with the States of the British Commonwealth oil izens of Ireland in any of these States shall not be subject to any disabilities which a citizen of one of the component States of the British Commonwealth would not be subject to,' and reciprocally for citizens of these States in Ireland. 6. That for purposes of the Association, Ireland shall recognise His Britannic Majesty as head of the Association. Mr. de Valera also agreed that: ("As a token of that recognition, the Irish Legislature will vote an annual contribution to the King's Personal Revenue.") Oath approved by Mr. de Valera: . "} • • • do swear to bear true faith AND ALLEGIANCE to the Constitution of Ireland and THE TREATY OF ASSOCIATION of Ireland with thte British Commonwealth of Nations and to recognise the KING OF GREAT BRITAIN as HEAD of the Associated States."

13. That Ireland shall assume liability for such share of the present public debt of Great Britain and Ireland and of the payment of war pensions as existing at this date as may be fair and equitable, having regard to any just claims' on the part of Ireland by way of set-off or counter-claim, the amount of such sums being determined, in default of agreement, by the arbitration of one or more independent persons being citizens of Ireland or of the British Commonwealth. 7. That, so far as her resources permit, Ireland shall provide for her. own defence by sea, land, and air, and shall repel by force any attempt by a foreign- Power to violate the integrity of her soil and territorial waters, or to use- them for any purpose hostile to Great Britain arid the other associated States. •: . 8. That for five years, pending the establishment of Irish coastal defence forces, or for period as the Governments of the two countries may later agree upon, facilities for the coastal defence of Ireland shall be given to the British Government as follows: (a) In time of peace such harbor and other facilities as are indicated in the Annex hereto or such other facilities as may from time to time be agreed upon between the British Government and the Government of Ireland. (b) In time of war such harbor and other naval facilities as the British "Government may reasonably require for the purposes of such defence as aforesaid. ' s 9. That within five years from the date of exchange of ratifications of this Treaty a conference between the British and Irish Governments shall - be held in r order to

as are indicated in the Annex hereto, or» such other facilities as may from time to time be agreed between the British Government and the Government of the Irish Free State; and •■". • * - (b) In time of war, or of strained relations with a foreign Power, such harbor and other facilities as the British Government may require for the purposes of such defence as aforesaid. 8. With a view to securing the observance of the principle of International Limitation of Armaments, if the Government of the Irish Free State establishes and maintains a Military Defence Force, the establishment thereof shall not exceed in size such proportion of the military establishments maintained in Great Britain as that which the population of Ireland bears to the population of Great Britain;

*9. The ports of Great Britain and the Irish Free State shall be freely open to the ships of the other country on payment of the customary port and other dues. 10. The Government of the'lrish Free State agrees to pay fair compensation on terms not less favorable than those accorded by the Act of 1920 to judges, officials, members of police forces, and other public servants who are discharged by.it, or who retire in consequence of the change of Government effected in pursuance hereof, provided that this Agreement shall not apply to members of the Auxiliary Police Force, or to persons recruited in Great Britain for the Royal Irish Constabulary during the two years next preceding the date hereof. The British Government will assume - responsibility for such compensation or pensions as may be payable to any of these excepted persons.

\ 11. Until the. expiration of one month from the passing of the Act of Parliament for the. ratification of this in" strument, the powers of the "Parliament and the Government of the Irish Free State shall not he exercisable as respects Northern Ireland; and the provisions of the Government of Ireland Act, 1920, shall, so far as they relate to Northern Ireland, remain of full force and effect and no election shall be held for the return of members to serve in the Parliament" of the Irish Free State for constituencies in Northern Ireland unless a resolution is passed by both Houses of the Parliament of Northern Ireland in favor of the holding of such elections before the.end of the said month. 12. If, before the expiration of the. said month, an address is presented to His Majesty by both Houses of the Parliament of Northern Ireland to that effect, the powers of the Parliament and the Government of the Irish Free State shall no longer extend to Northern Ireland, and the provisions of the Government of Ireland Act, 1920 (including those relating to the Council of Ireland), shall, so far as they relate to Northern Ireland, continue to be of full force and effect, and this instrument shall have effect subject to the necessary modifications; provided that if such an address is so presented a Commission consisting of three persons", one to be appointed by the Government of the Irish Free State, one to be appointed by the Government of Northern Ireland, and one, who shall be chairman, to be appointed by the British Government, shall determine in accordance with the wishes of the inhabitants, so far as may be compatible with economic and geographic conditions, the boundaries between Northern Ireland and the rest of Ireland, and for the purposes of the Government of Ireland Act, 1920, and of this instrument the boundary of Northern Ireland shall be such as may be determined by such Commission.

13. For the purpose of the last foregoing Article the powers of the Parliament of Southern Ireland under the Government of Ireland Act, 1920, to elect members of the Council of Ireland shall, after the Parliament of the Irish Free State is constituted, be exercised by that Parliament. - 14, After the expiration of the said month, if no, such address as is mentioned in Article 12 hereof is presented, the Parliament and Government of Northern Ireland shall, continue to exercise as respects Northern Ireland the powers, conferred on them by the Government of Ireland Act, 1920; but the Parliament and Government of the Irish Free State shall, in Northern Ireland,. have, in relation to matters

hand over the coastal defence of Ireland to the Irish Government,' unless some other arrangement for--naval defence be agreed by both Governments to be desirable in the common interest of Ireland, Great Britain, and the other associated States. $

10. That, in order to co-operate in furthering the principle of international limitation of armaments, the Government of Ireland . shall not.

(a) Build submarines unless by agreement with Great Britain and the other States of the Commonwealth. (b) Maintain a> military defence force, the establishments whereof exceed in size such proportion of the military establishments maintained in Great Britain as that which the population of Ireland bears to the population of Great Britain.

12. That the ports of Great Britain and of Ireland shall be freely open to the of each country on payment of the customary port and other dues. 14. That the Government of Ireland agrees to pay compensation on terms not less favorable than those proposed by the British Government of Ireland Act of 1920 t 6 that Government’s judges, officials, members of Police Forces and other Public Servants who are discharged by the Government of Ireland or who retire in consequence of the change of government effected in pursuance hereof. Provided that this agreement shall not apply to members of,.the Auxiliary Policy Force or to persons recruited in Gieat Britain for the Royal Irish Constabulary during the two years next preceding the date hereof. The British Government will assume responsibility for such compensation or pensions as may be payable to any of these excepted persons.

18. Until the expiration of one month from the passing of the Act of Parliament for the ratification of this instrument, the Powers of the Parliament and the Government of Ireland shall not be exercisable as respects Northern Ireland, and the provisions of the British Government of Ireland Act, 1920, shall, so far as they relate to - Northern Ireland, have full force and effect, and no election shall be hdld for the return i f members to serve in the Parliament of Ireland for constituencies in Northern Ireland unless a resolution is passed by both Houses of Northern Ireland in favor, of the holding of such elections before the end of the said month.

19. If, before the expiration of the said month, an eddresa is presented His Majesty by both Houses of the Parliament of Northern Ireland to that effect, the powers of- the Parliament and the Government of Ireland shall no longer extend to Northern Ireland, and the provisions of the British Government of Ireland Act, 1920 (including those relating to the Council of Ireland), shall, so far as they relate to Northern Ireland, continue to be of full force and effect, and this instrument shall have effect subject to the necessary modifications.

Provided that if such an address is so presented, a Commission consisting of three persons, one to be appointed by the Government of f Ireland? one to be appointed by the Government of Northern Ireland, and one, who shall be Chairman, to be appointed by . the British Government, shall determine in accordance with the wishes of the inhabitants, so far as may be compatible with economic and. geographic conditions, the boundaries between Northern Ireland and; the rest of Ireland, and for the purpose, of the British Government of Ireland Act,. 1920, and of this instrument, the boundary of Northern Ireland shall be such as may be determined by such Commission. ..

20. For, the purpose of the last foregoing Article the power of the Parliament defined fas the Parliament of Southern Ireland under the British Government of Ireland Act, 1920, to elect, members, of the Council of Ireland, shall be exercised, by the . Parliament of Ireland.

21. After the expiration of the said month, .if no such address as is mentioned in Article 19 hereof is presented, the. Parliament and Government of Northern Ireland shall continue to exercise as respects Northern Ireland the powers conferred on them by the British Government of Ireland Act, 1920, but the -Parliament and Government of Ireland shall in Northern Ireland have in relation to matters iri~

in respect of which the Parliament of Northern Ireland has not power to make laws under that Act (including matters which under the said Act are within the jurisdiction of the Council of'lreland, the same .powers as in the. rest of Ireland, subject to such other provisions as may be agreed in manner hereinafter appearing.

15. At any time after the date hereof the Government of Northern Ireland and the Provisional Government of Southern Ireland hereinafter constituted may meet for the purpose of discussing the provisions subject to which the last foregoing article is to operate, in the event of no such address as is therein mentioned being presented, a.id those provisions may include: ' '

(a) Safeguards with regard to patronage in Non-hern Ireland; *

(b) Safeguards with regard to the collection of revenue in Northern Ireland;

(c) Safeguards with regard to import and export duties affecting the trade or industry of Northern Ireland; (d) Safeguards for minorities in Northern Ireland; (e) The settlement of, the financial relations between Northern Ireland and the Irish Free State;

(f) The establishment and powers of a local Militia in Northern Ireland and the relation of the Defence Forces of the Irish Free State and of Northern Ireland, respectively.

And if, at any such meeting, provisions are agreed to, the same shall have effect as if they were included amongst the provisions subject to which the powers of the Parliament and the Government of the Irish Free State are to be exercisable in Northern Ireland under Article 14 hereof.

16. Neither the Parliament of the Irish Free State nor the Parliament of Northern Ireland shall make any law so as either directly or indirectly to endow any religion, or prohibit or restrict the free exercise thereof, or give any preference or impose any disability in account of the religious belief or religious status, or affect prejudicially the right of any child to attend a school receiving public money without attending the religious instruction at the school, or make any discrimination as respects State aid between schools .'under the management of different religious denominations, or divert from any religious denomination or any educational/institution any of its property except for public utility purposes and on payment of compensation. 17. By way of provisional arrangement 'for the administration of Southern Ireland during the interval which must elapse between the date hereof and the constitution of a Parliament and Government of the Irish Free State in accordance therewith,, steps shall be taken forthwith for summoning a meeting of members of Parliament elected for constiuencies in Southern Ireland since the passing of the Government of Ireland Act, 1920, and for constituting a Provisional Government; and the British Government shall take the steps necessary. to transfer to such Provisional Government' the powers and machinery requisite for the discharge of its duties, provided that every member of such Provisional Government shall have signified in writing his or her acceptance of this instrument. But this arrangement shall not continue in force beyond the expiration of twelve*'months from the date hereof. *. 18. This instrument shall be submitted forthwith by His Majesty's Government for the approval of Parliament, and by the Irish signatories to. a meeting summoned for the purpose' of the members elected to sit in the House of Commons of Southern Ireland, and, if approved, shall be ratified by the necessary legislation. * Signed: On behalf of the Irish • Delegation: . Art 0 Griobhtha, Michael' 0 Coileain, Riobard Bartun, Eudhmonn S. ODugairi; Seorsa Ghabhain . TJi Dhubhthaigh.. :v 7 • , On behalf of the British Delegation:' - D. Lloyd George, Austen Chamberlain, Birkenhead, Winston S. Churchill.,- L. Worthington Evans, Hamar Greenwood, Gordon Hewart. - ! ' December 6, 1921. ?.\ • ' i: - ; ;.-'•> '.:■'■■ ■■%■■! •■ ' ■

respect of which the Parliament. of Northern Ireland has not power to make laws under that Act (including matters which under- the said'Act are within the jurisdiction of the Council of Ireland), the same powers as in the rest of Ireland subject to such other provisions as may be agreed in mariner hereinafter appearing. v ; 22. At any time after the date hereof the Government of Northern Ireland and the transitional" Government of Ireland provided for in Article 16, may meet for the purpose of discussing the provisions subject to which the last foregoing Article is to operate in the event of no tuch address as is therein mentioned being presented and those revisions may include:

(a) Safeguards with regard to patronage in Northern Ireland; -

(b) Safeguards with regard to the collection of revenue in Northern Ireland; .

(c) Safeguards with regard to import and export duties affecting the trad© or industry of Northern Ireland; (d) Safeguards for minorities in Northern Ireland; (e) The settlement ofathe financial relations between Northern Ireland and Ireland.

(f) The establishment and powers of a local Militia in Northern Ireland under Article 21 hereof, and the relation of the Defence Forces of Ireland and of Northern Ireland respectively;

And if at any such meeting provisions are agreed to, the same shall have effect as if it were included amongst the provisions subject to which the powers of the Parliament and the Government of Ireland are to be exercisable.

„ 15. That neither the Parliament of Ireland nor any subordinate legislature in Ireland shall make any law so as either directly or indirectly to endow any religion, or prohibit or restrict 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 the religious instruction at the school, or make any discrimination as respects State aid between schools under the management of different religious denominations, or divert from any religious denomination or any educational institution any of its property except for public utility purposes and on payment of compensation. 16. That by way of transitional arrangement for the Administration of Ireland during the interval which must elapse between the date hereof and the setting up of a Parliament and Government of Ireland in accordance herewith, the members elected for constituencies in Ireland since the passing of the British Government of Ireland Act in 1920 shall, at a meeting summoned for the purpose, elect a transitional Government, to which the British Government and Dail Eireann shall transfer the authority, powers, and machinery requisite for the discharge of its duties, provided that every member of such transitional Government shall have signified in writing his or her acceptance of this instrument. But this arrangement shall not continue in force beyond the expiration of twelve months from the date hereof.

23. That this instrument shall be submitted forthwith by His Britannic Majesty’s Government for -the approval of the Parliament at Westminster and by the Cabinet of Dail Eireann to a meeting of the Members elected for the Constituencies in Ireland set forth in the British Government of Ireland Act, 1920, and if approved, shall be rati&ed by the necessary legislation.

Unsigned.