GRANDE-BRETAGNE, IRLANDE

Traité concernant la situation constitutionnelle de l'Etat libre d'Irlande; signé à Londres, le 6 décembre 1921.*)

League af Nations. Treaty Séries XXVI, p. 10.

I. Ireland shall hâve the same sonstitutional 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 hàving powers to make iaws for the peace, order and good government of Ireland and an Executive responsible to that Parliament, and shall be styled and known as the lrish Free State.

II. Subject to the provisions hereinafter set out, the position of the lrish Free State in relation to the Impérial Parliament and Government and otherwise shall be that of the Dominion of Canada, and the law, practice and constitutional usage governing the relationsbip of the Crown or the représentative of the Crown and of the Impérial Parliament to the Dominion of Canada shall govern their relationship to the lrish Free State.

III. The représentative of the Crown in Ireland shall be appointed io like manner as the Governox-General of Canada and in accordance with the practice observed in the making of such appointments.

IV. The oath to be taken by Members of the Parliament of the lrish Free State shall be in the followiug form:

I do solemnly swear true faith and aliegiance to the

Constitution of the lrish Free State as by law established and

that I will be faithful to H.M. King George Y., his heirs and

successors by law, in virtue of the conrmon citizenship of Ireland

with Great Britain and her adhérence to and membership of the

group of nations forming the British Commonwealth of Nations.

Y. The lrish Free State shall assume liability for the service of the

Public Debt of the United Kingdom as existing at the date hereof ànd

towards the payment of war pensions as existing at that date in such

proportion as may be fair and équitable, 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.

YI. Until an arrangement has been made between the British and lrish Governments whereby the lrish Free State undertakes her own coastal defence, the defence by sea of Great Britain and Ireland shall be under-

*) Le Traité est entré eD vigueur le 31 mars 1922.

328 Grande-Bretagne, Irlande,

taken by His Majesty's Impérial 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 Conférence of Représentatives of the British and lrish Governments to be held at the expiration of five years from the date hereof with a view to the undertaking by Irelaud of a share in her own coastal defence.

VII. The Government of the Irish Free State shall afford to His Majesty's Impérial Forces:

(a) In time of peace such harbour and other facilities as are indi-

cated 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.

VIII. 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.

IX. The ports of Great Britain and the Irish Free State shall be freely open to the ships of the other country on payraent of the customary port and other dues.

X. The Government of the Irish Free State agrées to pay fair compensation on terms not less favourable than those accorded by the Act of 1920 to judges, officiais, members of Police Forces and other Public Servants who are discharged by it or who retire in conséquence 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 thèse excepted persons.

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 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 élection shall be held for the return of members to serve in the Parliament of the Irish Free State for constituencies in Northern Ireland, uniess a resolution is passed by both Houses of the Parliament of Northern Ireland in favour of the holding of such élections before the end of the said month.

Situation constitutionnelle de V Irlande. J2y

XII. If, before the expiration of tbe 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 sball 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 bave 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 détermine in accordance with the wishes of the inhabitants, so far as may be compatible with économie and géographie 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.

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.

XIV. After the expiration of the said month, if no such address as is mentioned in Article XII hereof is presented, tbe 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 hâve 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 to such other provisions as may be agreed in manner hereinafter appearing.

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 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 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 :

the trade or industry of Northern Ireland:

(d) Safeguards for minorities in Northern Ireland:

(e) The seulement of the financial relations between Northern

Ireland and the Irish Free State:

330 Grande-Bretagne, Irlande.

(f) The establishment and powers of a local militia in Northern Ireland and the relation of the Defence Forces of the [rish Free State and of Northern Ireland respectively: and if at any such meeting provisions are agreed to, the same shall hâve effect as if they vere included amongst the provisions subject to which the powers of the Parliament and Government of the lrish Frec State are to be exercisable in Northern Ireland under Article XIV hereof.

XVI. Neither the Parliament of the lrish 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 préférence 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 witbout attending the religious instruction at the school or make any discrimination as respects State aid between schools under the management of différent religious dénominations or divert from any religious dénomination or any educational institution any of its property except for public utility purposes and on payment of compensation.

XVII. 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 lrish 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 provisonal 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, providêd that every member of such provisional Government shall hâve 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.

XVIII. This instrument shall be submitted forthwith by His Majesty's Government for the approval of Parliament and by the lrish 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 législation.

On behalf of the British Délégation:

(Signed) D. Lloyd George.

Austm Chamberlain.

Birkenhead.

Winston S. Churchill.