The Irish Constitution Part 7

SECTION V.--TRANSITORY PROVISIONS.

ARTICLE 72.

Subject to this Const.i.tution and to the extent to which they are not inconsistent therewith, the laws in force in the Irish Free State/Saorstat Eireann at the date of the coming into operation of this Const.i.tution shall continue to be of full force and effect until the same or any of them shall have been repealed or amended by enactment of the Parliament/Oireachtas.

ARTICLE 73.

Until Courts have been established for the Irish Free State/Saorstat Eireann in accordance with this Const.i.tution, the Supreme Court of Judicature, County Courts, Courts of Quarter Sessions and Courts of Summary Jurisdiction, as at present existing, shall for the time being continue to exercise the same jurisdiction as heretofore, and any judge or justice, being a member of any such Court, holding office at the time when this Const.i.tution comes into operation, shall for the time being continue to be a member thereof and hold office by the like tenure and upon the like terms as heretofore, unless, in the case of a judge of the said Supreme Court or of a County Court, he signifies to the Representative of the Crown his desire to resign. Any vacancies in any of the said Courts so continued may be filled by appointment made in like manner as appointments to judgeships in the Courts established under this Const.i.tution.

Provided that the provisions of Article 65 as to the decisions of the Supreme Court established under this Const.i.tution shall apply to decisions of the Court of Appeal continued by this Article.

ARTICLE 74.

If any judge of the said Supreme Court of Judicature or of any of the said County Courts resigns as aforesaid, or if any such judge, on the establishment of Courts under this Const.i.tution, is not with his consent appointed to be a judge of any such Court, he shall, for the purpose of Article 10 of the Scheduled Treaty, be treated as if he had retired in consequence of the change of Government effected in pursuance of the said Treaty, but the rights so conferred shall be without prejudice to any rights or claims that he may have against the British Government.

ARTICLE 75.

Every existing Officer of the Provisional Government who has been transferred to that Government from the British Government and every existing Officer of the British Government, who, at the date of the coming into operation of this Const.i.tution, is engaged or employed in the administration of public services which on that date become public services of the Irish Free State/Saorstat Eireann (except those whose services have been lent by the British Government to the Provisional Government) shall on that date be transferred to and become an Officer of the Irish Free State/Saorstat Eireann and shall hold office by a tenure corresponding to his previous tenure, and shall be ent.i.tled to the benefit of Article 10 of the Scheduled Treaty.

ARTICLE 76.

As respects departmental property, a.s.sets, rights, and liabilities, the Government of the Irish Free State/Saorstat Eireann shall be regarded as the successors of the Provisional Government, and, to the extent to which functions of any department of the British Government become functions of the Government of the Irish Free State/Saorstat Eireann, as the successors of such department of the British Government.

ARTICLE 77.

After the date on which this Const.i.tution comes into operation the House of the Parliament elected in pursuance of the Irish Free State (Agreement) Act, 1922 (being the const.i.tuent a.s.sembly for the settlement of this Const.i.tution), may, for a period not exceeding one year from that date, but subject to compliance by the Members thereof with the provisions of Article 17 of this Const.i.tution, exercise all the powers and authorities conferred on the Chamber/Dail Eireann by this Const.i.tution, and the first election for the Chamber/Dail Eireann under Articles 26 and 27 hereof shall take place as soon as possible after the expiration of such period.

ARTICLE 78.

The first Senate/Seanad Eireann shall be const.i.tuted immediately after the coming into operation of this Const.i.tution in the manner following, that is to say:--

(a) The first Senate/Seanad shall consist of two members elected by each of the Universities in the Irish Free State/Saorstat Eireann and fifty-six other members, of whom twenty-eight shall be elected and twenty-eight shall be nominated.

(b) The twenty-eight nominated members of the Senate/Seanad shall be nominated by the President of the Executive Council who shall, in making such nominations, have special regard to the providing of representation for groups or parties not then adequately represented in the Chamber/Dail.

(c) The twenty-eight elected members of the Senate/Seanad shall be elected by the Chamber/Dail Eireann voting on principles of Proportional Representation.

(d) Of the University members one member elected by each University, to be elected by lot, shall hold office for six years, the remaining University members shall hold office for the full period of twelve years.

(e) Of the twenty-eight nominated members, fourteen, to be selected by lot, shall hold office for the full period of twelve years, the remaining fourteen shall hold office for the period of six years.

(f) Of the twenty-eight elected members the first fourteen elected shall hold office for the period of nine years, the remaining fourteen shall hold office for the period of three years.

(g) At the termination of the period of office of any such members, members shall be elected in their place in manner provided by Article 31.

(h) Casual vacancies shall be filled in manner provided by Article 33.

(i) For the purpose of the election of members for any University under this Article, all persons whose names appear on the register for the University in force at the date of the coming into operation of this Const.i.tution shall, notwithstanding anything in Article 14, be ent.i.tled to vote.

ARTICLE 79.

The pa.s.sing and adoption of this Const.i.tution by the Const.i.tuent a.s.sembly and the British Parliament shall be announced as soon as may be, and not later than the sixth day of December, Nineteen hundred and twenty-two, by Proclamation of His Majesty and this Const.i.tution shall come into operation on the issue of such Proclamation.

SCHEDULE

ARTICLES OF AGREEMENT FOR A TREATY BETWEEN GREAT BRITAIN AND IRELAND, DATED THE SIXTH DAY OF DECEMBER, NINETEEN HUNDRED AND TWENTY-ONE.

1. Ireland shall have the same const.i.tutional 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.

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 that of the Dominion of Canada, and the law, practice and const.i.tutional 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 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 ...... do solemnly swear true faith and allegiance to the Const.i.tution 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.

5. The Irish Free State shall a.s.sume 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 counterclaim, 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 Irish 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 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

(_b_) In time of war or of strained relations with a Foreign Power such harbour 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 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 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 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.

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 a.s.sume 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 pa.s.sing 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 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 const.i.tuencies in Northern Ireland, unless a resolution is pa.s.sed by both Houses of the Parliament of Northern Ireland in favour 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 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 const.i.tuted be exercised by that Parliament.