APPENDIX 10 CONFERENCE ON IRELAND
2 Whitehall Gardens, S.W.
2nd December, 1921
PROPOSED 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, 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 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 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........................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 the 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 or counter claim, the amount of such suns 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 the British Islands, including Ireland, shall be undertaken exclusively by His Majesty's Imperial Forces.
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 ten years from the date hereof.
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 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. No protective customs duties shall be imposed in Great Britain on Irish goods nor in Ireland on British Goods, but this provision shall not be construed as preventing the imposition of customs duties designed to prevent dumping or other unfair competition.
10. 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.
11. 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 assume responsibility for such compensation or pensions as may be payable to any of these excepted persons.
12. 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 the 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 of full force and effect, and no elections 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 favour of the holding of such elections before the end of the period of transition.
13. 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 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.
14. For the purpose 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.
15. After the expiration of the period of transition, if no such address as is mentioned in Article 13 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 following provisions:—
(a) The Government of Northern Ireland shall exercise the powers of patronage with respect to offices in the public services administered by the Government of the Irish Free State (including judicial offices) the functions of which are discharged either wholly or mainly in Northern Ireland.
(b) The Government of Northern Ireland shall be charged with the duty of collecting all taxes leviable in Northern Ireland.
(A further clause dealing with the allocation between Northern and Southern Ireland of amounts collected and with discriminatory taxation will be circulated later.)
(c) No export duties shall without the consent of the Parliament of Northern Ireland be imposed on any manufactures of Northern Ireland.
(d) No import duties shall without the consent of the Parliament of Northern Ireland be imposed on goods used as raw material for manufactures in Northern Ireland.
(e) It shall be lawful for the Government of Northern Ireland to raise and maintain in addition to and for the purpose of the support of any police forces raised by them a local militia, so however that the establishments thereof shall not exceed in size such proportion of the establishments of any local military defence force maintained by the Government of the Irish Free State as that which the population of Northern Ireland bears to the population of the rest of Ireland, and no part of any local military defence force raised by the Government of the Irish Free State shall be stationed in Northern Ireland without the consent of the Government of Northern Ireland.
16. Neither the Parliament of the Irish Free State nor the Parliament of Northern Ireland shall make any laws 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 a 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 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 ratified by the necessary legislation.
The following are the specific facilities required.
Dockyard Port at Berehaven
(a) Admiralty property and rights to be retained as at the date hereof. Harbour defences to remain in charge of British care and maintenance parties.
(b) Harbour defences to remain in charge of British care and maintenance parties. Certain mooring buoys to be retained for use of His Majesty's Ships.
(c) Harbour defences to remain in charge of British care and maintenance parties.
(d) Harbour defences to remain in charge of British care and maintenance parties.
(e) Facilities in the neighbourhood of the above Ports for coastal defence by air.
Oil Fuel Storage
2. A Convention shall be made between the British Government and the Government of the Irish Free State to give effect to the following conditions:—
(a) That Submarine cables shall not be landed or wireless stations for communication with places outside Ireland be established except by agreement with the British Government; that the existing cable landing rights and wireless concessions shall not be withdrawn except by agreement with the British Government; and that the British Government shall be entitled to land additional submarine cables or establish additional wireless stations for communication with places outside Ireland.
(b) That lighthouses, buoys, beacons, and any navigational marks or navigational aids shall be maintained by the Government of the Irish Free State as at the date hereof and shall not be removed or added to except by agreement with the British Government.
(c) That war signal stations shall be closed down and left in charge of care and maintenance parties, the Government of the Irish Free State being offered the option of taking them over and working them for commercial purposes subject to Admiralty inspection, and guaranteeing the upkeep of existing telegraphic communication therewith.
3. A Convention shall be made between the same Governments for the regulation of Civil Communication by Air.