Page:EB1922 - Volume 31.djvu/625

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IRELAND
587


this invitation, merely adding the words, " our respective posi- tions have been stated and understood."

Thus at last the two sides were brought to the council-table, after three months' parley. Mr. De Valera did not include

himself among the Sinn Fein delegates, and Bail Agreemtat Eireann nominated for this purpose Mr. Arthur Free /r ' S Griffith (in the Gaelic form, Art of Griobhtha), Mr. state. Michael Collins (Michael O. O. Sileain), Mr. Robert

C. Barton (Riobard Bartun), and Mr. George Gavan Duffy (Seorsa Ghabgain ui Dhubhthaigh), with Mr. Erskine Guilders as principal secretary. They duly attended in London, and the conference began as arranged on Oct. u, the British Government being represented by Mr. Lloyd George, Mr. Austen Chamberlain, Lord Birkenhead, Mr. Winston Churchill, Sir L. Worthington-Evans, Sir Gordon Hewart and Sir Hamar Greenwood. For many weeks there were " alarums and excur- sions " in the press as to the way in which the attempts at a settlement were proceeding; and from time to time, owing to " die-hard " criticisms and objections on both sides, and to the unwillingness of Ulster, as now represented by the Parliament of Northern Ireland and its Premier, Sir James Craig, to waive any point in its own newly acquired status, agreement seemed to be unobtainable. It must suffice here to say that, at last, on Dec. 6, a scheme was found to which both the Sinn Fein delega- tion and the British Government's representatives were able to affix their signatures. It was in the form of a definite treaty for the establishment of an Irish Free State, and is of such historic importance that its terms must be set out in full:

Article I. 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, 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 and known as the Irish Free State.

Article II. Subject to provisions hereinafter set 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 rela- tionship 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.

Article III. 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 the making of such appointments.

Article IV. The oath to be taken by members of the Parlia- ment of the Irish Free State shall be in the following form :

" I ... do solemnly swear true faith and allegiance to the Con- stitution of the Irish Free 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."

Article V. The Irish Free State shall assume liability for the serv- ice 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.

Article VI. Until an arrangement has been made between the British and Irish Governments whereby the Irish Free State under- takes 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 Govern- ment 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.

Article VII. The Government of the Irish Free State shall afford to His Majesty's Imperial Forces (a) in time of peace such harbour and other facilities 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 (6) in time of war or of strained relations with a Foreign Power such har- bour and other facilities as the British Government may require for the purposes of such defence, as aforesaid.

Article VI II. With a view to securing the observance of the princi- ple of international limitation of armaments, if the Government of the

Irish Free State establishes and maintains a military defence force, the establishments 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.

Article IX. 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.

Article X. The Government of the Irish Free State agrees to pay fair compensation, on terms not less favourable than those accorded by the Act of 1920, to judges, officials, members of the 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.

Article XI. 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 the Irish Free State shall not be exercisable as respects Northern Ireland, and the pro- visions 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 Parlia- ment 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 favour of holding such elections before the end of said month.

Article XII. 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 North- ern 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 Ire- land and the rest of Ireland, and for the purposes of the Government of Ireland Act, 1920, and of this instrument, the boundary of North- ern Ireland shall be such as may be determined by such Commission.

Article XIII. 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.

Article XIV. After the expiration of the said month, if no such address as is mentioned in Article XI I. hereof is presented, the Parlia- ment and Government of Northern Ireland shall continue to ex- ercise 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, 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 Ireland), the same powers as in the rest of Ireland, sub- ject to such other provisions as may be agreed in manner hereinafter appearing.

Article XV. 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 dis- cussing 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, and those provisions may include: (a) Safeguards with regard to patronage in Northern Ireland; (b) safeguards with regard to the collection of revenue in Northern Ireland; (c) safe- guards 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 financial relations between Northern Ireland and the Irish Free State; (/) 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, re- spectively, and if at any such meeting provisions are agreed to, the same shall have effect as if they were included amongst the provi- sions subject to which the powers of the Parliament and of the Government of the Irish Free State are to be exercisable in North- ern Ireland under Article XIV. hereof.

Article XVI. 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 dis-