Electronic edition compiled by Donnchadh Ó Corráin, Audrey Murphy
Funded by University College, Cork and
Professor Marianne McDonald via the CELT Project
2. Second draft.
Extent of text: 2537 words
Distributed by CELT online at University College, Cork, Ireland.
Text ID Number: E900022
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Created: by the British representatives (1921-12-01)
Beatrix Färber (ed.)
Beatrix Färber (ed.)
Julianne Nyhan (ed.)
Peter Flynn (ed.)
Beatrix Färber (ed.)
Peter Flynn (ed.)
Mavis Cournane (ed.)
Donnchadh Ó Corráin (ed.)
Audrey Murphy (ed.)
Audrey Murphy (data capture)
The following document is the Draft of the Treaty delivered by the British to the Irish Delegates on December 1st brought to Ireland by them on Friday night, December 2nd, and discussed at Cabinet meetings in Dublin, on December 3rd:
1. Ireland shall have the same national 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 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 set out, the position of the Irish Free State in relation to the Imperial Parliament and Government and otherwise shall be assimilated to that of the Dominion or Canada, and the law and practice governing the exercise in relation to the Dominion of Canada of the powers of the Crown or the representative of the Crown and of the Imperial Parliament shall govern the exercise of those powers in relation to the Irish Free State.
3. The representative of the Crown in Ireland shall be a Governor-General appointed in like manner as the Governor-General of Canada and in accordance with the practice observed in the 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 [gap: blank to be filled/extent: 2/3 words]solemnly swear to bear true faith and allegiance to the Constitution of the Irish Free State; to the Community of Nations known as the British Empire; and to the King as Head of the State and of the Empire.
5. The Irish Free State shall contribute towards 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 such sums as may be fair and equitable, having regard to any just claims on the part of Ireland by way of set-off, the amount of such sums being determined in default of agreement by the arbitration
p.947of one or more independent persons being citizens of the British Empire.
6. Until an arrangement has been made between the British and Irish Governments whereby the Irish Free State undertakes her own coastal defence, the defence by sea of the British Islands, including Ireland, shall be undertaken exclusively by His Majesty's Imperial Forces.
7. The Government of the Irish Free State shall afford to His Majesty's Imperial Forces:
8. If the Government of the Irish Free State establishes and maintains a local 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.
9. The Government of the Irish Free State agrees to afford such facilities as the British Government may require for maintaining and developing the means of defence and communication by air.
10. No protective customs duties shall be imposed in Great Britain on Irish goods nor in Ireland on British goods, but this provisions shall not be construed as preventing the imposition of customs duties designed to prevent dumping or other unfair competition.
11. Neither Great Britain nor the Irish Free State shall impose restrictions for protective purposes upon the flow of transport, trade and commerce between Great Britain and Ireland.
12. 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 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.
13. During the period of transition, that is to say, a period of 12 months after the date hereof, or such shorter period as His Majesty in Council in pursuance of a resolution passed by both Houses of Parliament of Northern Ireland may by Order fix, the powers of the Parliament and Government of the Irish Free State shall not be exercisable as respects 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, remain in full force and effect, and no elections shall be held for the return of members
p.948to 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 favour of the holding of such elections before the end of the period of transition.
14. If after the expiration of six months and before the expiration of twelve months from the date hereof 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 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 shall be appointed by the British Government to 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, I920 and of this instrument, the boundary of Northern Ireland shall be such as may be determined by such Commission.
15. For the purposes of the last two foregoing articles 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.
16. After the expiration of the period of transition, if no such address as is mentioned in Article 14 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 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, subject however to the provisions:
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 constituencies 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 the 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 embodied in the necessary legislation.
The following are the specific facilities required:
A Convention shall be made between the British Government and the Government of the Irish Free State to give effect to the following conditions: