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Spender, Harold / Home Rule Second Edition
It may add to the rates of Excise Duties, Customs Duties on beer and
spirits, Stamp Duties (with certain exceptions), Land Taxes, or
Miscellaneous Taxes, imposed by the Imperial Parliament.

2. It may add to an extent not exceeding 10 per cent, to the Income
Tax, Death Duties, or Customs Duties other than the duties on beer and
spirits, imposed by the Imperial Parliament.

3. It may levy any new taxes, other than new Customs Duties.

4. It may reduce any tax levied in Ireland, with the exception of
certain Stamp Duties.

The Imperial Treasury will collect the revenue arising from any
increases in taxation enacted by the Irish Parliament in the exercise
of these powers; and an addition will be made to the Transferred Sum of
such amount as the Joint Exchequer Board may determine to be the
produce of the additional taxation. Similarly, if taxation, is reduced
by the Irish Parliament, a deduction will be made from the Transferred
Sum corresponding to the loss of revenue due to the repeal of a tax or
to collection at the lower rates.

The Irish Exchequer will therefore gain or lose by any increase or
decrease in taxation enacted by the Irish Parliament, and the net
revenue of the Imperial Exchequer will remain unaffected by such
changes.

If Excise or Customs Duties are imposed at different rates in Great
Britain and Ireland respectively, provision is made for the adjustment
of the taxes paid in respect of articles passing from one country to
the other.

As administrative difficulties might arise in certain cases if the 10
per cent. limitation mentioned above were in terms to prohibit
additions to the taxes in question to an extent of more than 10 per
cent. of the rates of tax, the Bill effects the object in view by
enacting that only such proceeds of the tax as do not exceed 10 per
cent. of the yield of the Imperial tax shall be transferred to the
Irish Exchequer.

The Bill makes no specific reference to the powers of the Imperial
Parliament to levy taxation in Ireland. The provision in clause 1 that
the supreme power and authority of the Parliament of the United Kingdom
shall remain unaffected retains the existing powers of the Imperial
Parliament in this regard.


_Transfer of the Reserved Services to the Irish Government._

After six years, the control of the Royal Irish Constabulary will pass
to the Irish Executive. The Irish Parliament is empowered to assume at
any time, with twelve months' notice, legislative and executive control
with respect to Old Age Pensions, to National Health Insurance, or to
Unemployment Insurance, together with Labour Exchanges. When any such
transfer of Reserved Services is effected, the financial burden will be
assumed by the Irish Exchequer, and an addition will be made to the
Transferred Sum corresponding to the financial relief given to the
Imperial Exchequer.


_Loans and Capital Liabilities._

Loans made for the purposes of land purchase and loans made before the
passing of the Act for other Irish purposes will be among the Reserved
Services, and the payment of interest and sinking fund charges will be
made by the Imperial Exchequer.

New loans may be raised by the Irish Parliament on the security of the
Irish revenue. Provision is also made for enabling the joint Exchequer
Board, if so authorised by the Irish Parliament, to issue the loans and
to meet the interest and sinking fund charges by means of deductions
from the Transferred Sum.

The Bill provides for the apportionment between the two Exchequers of
liability for existing loans raised for Irish services.


_Readjustment when Financial Equilibrium is reached._

When the total revenue received from Ireland by the Imperial Treasury
has been sufficient, during three consecutive years, to meet the total
charges for Irish purposes, the Exchequer Board shall report the fact
with a view to a revision of the financial arrangements. Since it is
impossible now to foresee what services may remain at that time as
Reserved Services, what loans may have been contracted during the
intervening years, and what changes may have been made in the rates of
taxation, the Bill does not attempt to enact the modifications which
may then be desirable.

It contemplates, however, as part of the present financial settlement,
that Parliament will then consider, on the one hand, the fixing of such
contribution by Ireland to the common expenses of the United Kingdom as
may be equitable, and, on the other hand, the transfer to the Irish
Legislature and Government of the control and collection of such taxes
as may be deemed advisable.

The remaining clauses--from 27 to 47--are concerned with readjustments
as to judges, civil servants, police and other matters, and do not vary
substantially from the corresponding clauses in the Bill of 1893
(published in Appendix D). The first meeting of the Irish Parliament
is fixed for the first Tuesday in September, 1913.

There are only two other clauses which require special notice, as
adding fresh provisions to those laid down in the Bill of 1893.

The first is the 26th clause, which gives to the Irish special powers
of representation at Westminster in the case of a revision of the
financial arrangements:--

"For the purpose of revising the financial provisions of this Act in
pursuance of this section, there shall be summoned to the Commons House
of Parliament of the United Kingdom such number of members of the Irish
House of Commons as will make the representation of Ireland in the
Commons House of Parliament of the United Kingdom equivalent to the
representation of Great Britain on the basis of population; and the
members of the Irish House of Commons so summoned shall be deemed to be
members of the Commons House of Parliament of the United Kingdom for
the purpose of any such revision."

The second--Clause 42--provides that Irish laws shall be interpreted
always in legal subordination to Acts of the Imperial Parliament:--

"(2) Where any Act of the Irish Parliament deals with any matter with
respect to which the Irish Parliament have power to make laws which is
dealt with by any Act of the Parliament of the United Kingdom passed
after the passing of this Act and extending to Ireland, the Act of the
Irish Parliament shall be read subject to the Act of the Parliament of
the United Kingdom, and so far as it is repugnant to that Act, but no
further, shall be void."




APPENDIX B

THE SHRINKAGE OF IRELAND


(1.) THE DECREASE IN POPULATION SINCE 1841.


------+--------------+-----------+-----------+------------------------
Year. | Population. | Decrease. | Decrease | Great Britain.
| | | per cent. | Increase per cent.
| | | +-----------+------------
| | | | England. | Scotland.
------+--------------+-----------+-----------+-----------+------------
1841 | 8,196,597 | -- | -- | -- | --
1851 | 6,574,278 | 1,622,319 | 19.8 | 12.65 | 10.2
1861 | 5,798,967 | 775,311 | 11.8 | 11.9 | 6.0
1871 | 5,412,377 | 386,590 | 6.7 | 13.21 | 9.7
1881 | 5,174,836 | 237,541 | 4.4 | 14.36 | 11.2
1891 | 4,704,750 | 470,086 | 9.1 | 11.65 | 7.8
1901 | 4,458,775 | 245,975 | 5.2 | 12.17 | 11.1
1911 | 4,381,951 | 76,824 | 1.7 | 10.9 | 6.4
------+--------------+-----------+-----------+-----------+------------

N.B.--This Table is compiled from the Preliminary Reports of the Census
of 1911, which give the population returns only as far back as 1841.
There was, of course, a Census of the United Kingdom as early as 1801,
but the official returns extended at first only to England and
Scotland, and it was not until 1813 that there was any official census
of Ireland. Even then it was far from correct. The first trustworthy
Irish Census was that of 1821. For 1821 and 1831 the Census figures are
given in "Whitaker" as follows:--

1821 6,801,827
1831 7,767,401

It is probable that the apparent rise of the population from 1821 to
1841 amounts to little more than the more correct taking of the Census
among an illiterate population. But on the whole subject of the rise of
population between 1821 and 1841, see my remarks in Chapter VIII. p.
105. It was due of course very largely to the creation of faggot votes
by Protestant landlords desirous of being returned to Parliament under
the old law before the passing of Catholic Emancipation in 1829. It was
an artificial rise in the poorest section of the population going along
with a steady decline in the general material prosperity of Ireland.
Hence the great collapse of the famine period.


(2.) IRISH FAMILIES SINCE 1841.

(From Preliminary Census Report, 1911.)

----------------+----------------------------------------
Year. | Number of Families.
----------------+----------------------------------------
1841 | 1,472,787
1851 | 1,204,319
1861 | 1,128,300
1871 | 1,067,598
1881 | 995,074
1891 | 932,113
1901 | 910,256
1911 | 912,711 _First Increase since 1841._
----------------+----------------------------------------


(3.) INHABITED HOUSES SINCE 1841.

(From same source.)

----------------+----------------------------------------
Year. | Number of Inhabited Houses.
----------------+----------------------------------------
1841 | 1,328,839
1851 | 1,046,223
1861 | 995,156
1871 | 961,380
1881 | 914,108
1891 | 870,578
1901 | 858,158
1911 | 861,057 _First Increase since 1841._
----------------+----------------------------------------


(4.) EMIGRATION.

For Decennial Periods, 1852-1910.

----------+----------------------+-------------------
Period. | Average Number of | Per 1,000 of
| Emigrants, per year. | Population.
----------+----------------------+-------------------
1852-9 | 115,842 | 15.2
1860-9 | 85,960 | 15.2
1870-9 | 60,327 | 11.2
1880-9 | 80,491 | 16.0
1890-9 | 44,955 | 9.7
1900-9 | 35,886 | 8.1
1910 | 32,457 | 7.4
1911 | 31,058 | 7.
----------+----------------------+-------------------




APPENDIX C

TEXT OF THE ACT OF UNION


An Act for the Union of Great Britain and Ireland.--[2d July 1800.]

WHEREAS in pursuance of His Majesty's most gracious Recommendation to
the Two Houses of Parliament in _Great Britain_ and _Ireland_
respectively, to consider of such Measures as might best tend to
strengthen and consolidate the Connection between the Two Kingdoms, the
Two Houses of the Parliament of _Great Britain_ and the Two Houses of
the Parliament of _Ireland_ have severally agreed and resolved, that,
in order to promote and secure the essential Interests of _Great
Britain_ and _Ireland_, and to consolidate the Strength, Power, and
Resources of the _British_ Empire, it will be advisable to concur in
such Measures as may best tend to unite the Two Kingdoms of _Great
Britain_ and _Ireland_ into One Kingdom, in such Manner, and on such
Terms and Conditions, as may be established by the Acts of the
respective Parliaments of _Great Britain_ and _Ireland:_

And whereas, in furtherance of the said Resolution, both Houses of the
said Two Parliaments respectively have likewise agreed upon certain
Articles for effectuating and establishing the said Purposes, in the
Tenor following:


ARTICLE FIRST.

[Sidenote: That _Great Britain_ and _Ireland_ shall, upon _Jan. 1,
1801_, be united into One Kingdom; and that the Titles appertaining to
the Crown &c., shall be such as His Majesty shall be pleased to
appoint.]

That it be the First Article of the Union of the Kingdoms of _Great
Britain_ and _Ireland_, that the said Kingdoms of _Great Britain_ and
_Ireland_ shall, upon the First Day of _January_ which shall be in the
Year of our Lord One thousand eight hundred and one, and for ever
after, be united into One Kingdom, by the Name of _The United Kingdom
of Great Britain and Ireland;_ and that the Royal Stile and Titles
appertaining to the Imperial Crown of the said United Kingdom and its
Dependencies; and also the Ensigns, Armorial Flags and Banners thereof,
shall be such as His Majesty, by His Royal Proclamation under the Great
Seal of the United Kingdom, shall be pleased to appoint.


ARTICLE SECOND.

[Sidenote: That the Succession to the Crown shall continue limited and
settled as at present.]

That it be the Second Article of Union, that the Succession to the
Imperial Crown of the said United Kingdom, and of the Dominions
thereunto belonging, shall continue limited and settled in the same
Manner as the Succession to the Imperial Crown of the said Kingdoms of
_Great Britain_ and _Ireland_ now stands limited and settled, according
to the existing Laws, and to the Terms of Union between _England_ and
_Scotland_.


ARTICLE THIRD.

[Sidenote: That the United Kingdom be represented in One Parliament.]

That it be the Third Article of Union, that the said United Kingdom be
represented in One and the same Parliament, to be stiled _The
Parliament of the United Kingdom of Great Britain and Ireland._


ARTICLE FOURTH.

[Sidenote: That the Number of Lords Spiritual and Temporal, and of
Commoners herein specified, shall sit and vote on the Part of _Ireland_
in the Parliament of the United Kingdom.]

That it be the Fourth Article of Union, that Four Lords Spiritual of
_Ireland_ by Rotation of Sessions, and Twenty-eight Lords Temporal of
_Ireland_ elected for Life by the Peers of _Ireland_, shall be the
Number to sit and vote on the Part of _Ireland_ in the House of Lords
of the Parliament of the United Kingdom; and One hundred Commoners (Two
for each County of _Ireland_, Two for the City of _Dublin_, Two for the
City of _Cork_, One for the University of _Trinity College_, and One
for each of the Thirty-one most considerable Cities, Towns, and
Boroughs), be the Number to sit and vote on the Part of _Ireland_ in
the House of Commons of the Parliament of the United Kingdom:

[Sidenote: That such Act as shall be passed in _Ireland_ to regulate
the Mode of summoning and returning the Lords and Commoners to serve in
the Parliament of the United Kingdom shall be considered as Part of the
Treaty of the Union.]

That such Act as shall be passed in the Parliament of _Ireland_
previous to the Union, to regulate the Mode by which the Lords
Spiritual and Temporal, and the Commons, to serve in the Parliament of
the United Kingdom on the Part of _Ireland_, shall be summoned and
returned to the said Parliament, shall be considered as forming Part of
the Treaty of Union, and shall be incorporated in the Acts of the
respective Parliaments by which the said Union shall be ratified and
established:

Here follow clauses making provision (1) that the House of Lords shall
decide all questions of rotation or election in regard to Peers from
Ireland, (2) that Irish Peers not sitting in the Lords may be elected
to Commons, but loses thereby all privileges of Peerage, (3) that the
Crown may create Irish Peerages in proportion of one for each three
that become extinct until the Irish Peerage is reduced to 100, when
they can go on creating enough to keep up to the 100.

The rest of this article consists of machinery provisions.


ARTICLE FIFTH.

[Sidenote: The Churches of _England_ and _Ireland_ to be united into
One Protestant Episcopal Church, and the Doctrine of the Church of
_Scotland_ to remain as now established.]

That it be the Fifth Article of Union, That the Churches of _England_
and _Ireland_, as now by Law established, be united into One Protestant
Episcopal Church, to be called, _The United Church of England and
Ireland_; and that the Doctrine, Worship, Discipline, and Government of
the said United Church shall be, and shall remain in full force for
ever, as the same are now by Law established for the Church of
_England_; and that the Continuance and Preservation of the said United
Church, as the established Church of _England_ and _Ireland_, shall be
deemed and taken to be an essential and fundamental Part of the Union;
and that in like Manner the Doctrine, Worship, Discipline, and
Government of the Church of _Scotland_, shall remain and be preserved
as the same are now established by Law, and by the Acts for the Union
of the Two Kingdoms of _England_ and _Scotland_.


ARTICLE SIXTH

places Irish subjects under same laws and provisions in regard to trade
and navigation prohibitions and bounties, imports and exports, and
provides for the gradual abolition of customs duties between Great
Britain and Ireland.


ARTICLE SEVENTH

provides that the Irish National Debt shall be kept distinct from the
British National Debt. It fixes the proportions of contributions to
revenue at 15 for Great Britain as to 2 for Ireland for 20 years. To be
revised at the end of 20 years on a variety of alternative bases of
calculation (Customs, trade, income, etc.). The contributions to be
raised in both countries by taxes fixed by the United Parliament, and
Parliament to have power to vary taxes, unify debt, and any Irish
surplus to be reduced by reduction of taxation. Loans in future to be
common.


ARTICLE EIGHTH

first recites that all present laws to remain in force till repealed.
Provides also that these Articles not to become Act until passed by
Parliament.

Ends by reciting the measure to be passed through Irish Parliament
regulating the representation of Ireland at Westminster after 1801.




APPENDIX D

THE HOME RULE BILLS OF 1886 AND 1893


(1) THE BILL OF 1886.

[Sidenote: A.D. 1886]

A Bill to Amend the provision for the future Government of Ireland.

BE it enacted by the Queen's most Excellent Majesty, by and with the
advice and consent of the Lords Spiritual and Temporal, and Commons, in
this present Parliament assembled, and by the authority of the same, as
follows:


PART I.

_Legislative Authority._

[Sidenote: Establishment of Irish Legislature.]

1. On and after the appointed day there shall be established in Ireland
a Legislature consisting of Her Majesty the Queen and an Irish
Legislative Body.

[Sidenote: Powers of Irish Legislature.]

2. With the exceptions and subject to the restrictions in this Act
mentioned, it shall be lawful for Her Majesty the Queen, by and with
the advice of the Irish Legislative Body, to make laws for the peace,
order, and good government of Ireland, and by any such law to alter and
repeal any law in Ireland.

[Sidenote: Exceptions from powers of Irish Legislature.]

3. The Legislature of Ireland shall not make laws relating to the
following matters or any of them:--

(1.) The status or dignity of the Crown, or the succession to
the Crown, or a Regency;

(2.) The making of peace or war;

(3.) The army, navy, militia, volunteers, or other military or
naval forces, or the defence of the realm;

(4.) Treaties and other relations with foreign States, or the
relations between the various parts of Her Majesty's
dominions;

(5.) Dignities or titles of honour;

(6.) Prize or booty of war;

(7.) Offences against the law of nations; or offences committed
in violation of any treaty made, or hereafter to be made,
between Her Majesty and any foreign State; or offences
committed on the high seas;

(8.) Treason, alienage, or naturalization;

(9.) Trade, navigation, or quarantine;

(10.) The postal and telegraph service, except as hereafter in
this Act mentioned with respect to the transmission of
letters and telegrams in Ireland;

(11.) Beacons, lighthouses, or sea marks;

(12.) The coinage; the value of foreign money; legal tender; or
weights and measures; or

(13.) Copyright, patent rights, or other exclusive rights to the
use or profits of any works or inventions.

Any law made in contravention of this section shall be void.

[Sidenote: Restrictions on powers of Irish Legislature.]

4. The Irish Legislature shall not make any law--

(1.) Respecting the establishment or endowment of religion, or
prohibiting the free exercise thereof; or

(2.) Imposing any disability, or conferring any privilege, on
account of religious belief; or

(3.) Abrogating or derogating from the right to establish or
maintain any place of denominational education or any
denominational institution or charity; or

(4.) Prejudicially affecting the right of any child to attend a
school receiving public money without attending the
religious instruction at that school; or

(5.) Impairing, without either the leave of Her Majesty in
Council first obtained on an address presented by the
Legislative Body of Ireland, or the consent of the
corporation interested, the rights, property, or privileges
of any existing corporation incorporated by royal charter
or local and general Act of Parliament; or

(6.) Imposing or relating to duties of customs and duties of
excise, as defined by this Act, or either of such duties or
affecting any Act relating to such duties or any of them;
or

(7.) Affecting this Act, except in so far as it is declared to
be alterable by the Irish Legislature.

[Sidenote: Prerogatives of Her Majesty as to Irish Legislative Body.]

5. Her Majesty the Queen shall have the same prerogatives with respect
to summoning, proroguing, and dissolving the Irish Legislative Body as
Her Majesty has with respect to summoning, proroguing, and dissolving
the Imperial Parliament.

[Sidenote: Duration of the Irish Legislative Body.]

6. The Irish Legislative Body whenever summoned may have continuance
for _five years_ and no longer, to be reckoned from the day on which
any such Legislative Body is appointed to meet.


_Executive Authority._

[Sidenote: Constitution of the Executive Authority.]

7.--(1.) The Executive Government of Ireland shall continue vested in
Her Majesty, and shall be carried on by the Lord Lieutenant on behalf
of Her Majesty with the aid of such officers and such council as to Her
Majesty may from time to time seem fit.

(2.) Subject to any instructions which may from time to time be given
by Her Majesty, the Lord Lieutenant shall give or withhold the assent
of Her Majesty to Bills passed by the Irish Legislative Body, and shall
exercise the prerogatives of Her Majesty in respect of the summoning,
proroguing, and dissolving of the Irish Legislative Body, and any
prerogatives the exercise of which may be delegated to him by Her
Majesty.

[Sidenote: Use of Crown lands by Irish Government.]

8. Her Majesty may, by Order in Council, from time to time place under
the control of the Irish Government, for the purposes of that
Government, any such lands and buildings in Ireland as may be vested in
or held in trust for Her Majesty.


_Constitution of Legislative Body._

[Sidenote: Constitution of Irish Legislative Body.]

9.--(1.) The Irish Legislative Body shall consist of a first and second
order.

(2.) The two orders shall deliberate together, and shall vote together,
except that, if any question arises in relation to legislation or to
the Standing Orders or Rules of Procedure or to any other matter in
that behalf in this Act specified, and such question is to be
determined by vote, each order shall, if a majority of the members
present of either order demand a separate vote, give their votes in
like manner as if they were separate Legislative Bodies; and if the
result of the voting of the two orders does not agree the question
shall be resolved in the negative.

[Sidenote: First order.]

10.--(1.) The first order of the Irish Legislative Body shall consist
of one hundred and three members, of whom seventy-five shall be
elective members and twenty-eight peerage members.

(2.) Each elective member shall at the date of his election and during
his period of membership be bonā fide possessed of property which--

(a.) if realty, or partly realty and partly personalty,
yields two hundred pounds a year or upwards, free of all
charges; or

(b.) if personalty yields the same income, or is of the
capital value of four thousand pounds or upwards, free of
all charges.

(2.) For the purpose of electing the elective members of the first
order of the Legislative Body, Ireland shall be divided into the
electoral districts specified in the First Schedule to this Act, and
each such district shall return the number of members in that behalf
specified in that Schedule.

(3.) The elective members shall be elected by the registered electors
of each electoral district, and for that purpose a register of electors
shall be made annually.

(4.) An elector in each electoral district shall be qualified as
follows, that is to say, he shall be of full age and not subject to any
legal incapacity, and shall have been during the twelve months next
preceding the _twentieth day of July_ in any year the owner or occupier
of some land or tenement within the district of a net annual value of
twenty-five pounds or upwards.

(5.) The term of office of an elective member shall be _ten years_.

(6.) In every fifth year thirty-seven or thirty-eight of the elective
members, as the case requires, shall retire from office, and their
places shall be filled by election; the members to retire shall be
those who have been members for the longest time without re-election.

(7.) The offices of the peerage members shall be filled as follows;
that is to say,--

(a.) Each of the Irish peers who on the appointed day is one
of the twenty-eight Irish representative peers, shall, on
giving his written assent to the Lord Lieutenant, become a
peerage member of the first order of the Irish Legislative
Body; and if at any time within _thirty years_ after the
appointed day any such peer vacates his office by death or
resignation, the vacancy shall be filled by the election
to that office by the Irish peers of one of their number
in manner heretofore in use respecting the election of
Irish representative peers, subject to adaptation as
provided by this Act, and if the vacancy is not so filled
within the proper time it shall be filled by the election
of an elective member.

(b.) If any of the twenty-eight peers aforesaid does not
within _one month_ after the appointed day give such assent
to be a peerage member of the first order, the vacancy so
created shall be filled up as if he had assented and
vacated his office by resignation.

(8.) A peerage member shall be entitled to hold office during his life
or until the expiration of _thirty years_ from the appointed day,
whichever period is the shortest. At the expiration of such _thirty
years_ the offices of all the peerage members shall be vacated as if
they were dead, and their places shall be filled by elective members
qualified and elected in manner provided by this Act with respect to
elective members of the first order, and such elective members may be
distributed by the Irish Legislature among the electoral districts, so,
however, that care shall be taken to give additional members to the
most populous places.

(9.) The offices of members of the first order shall not be vacated by
the dissolution of the Legislative Body.

(10.) The provisions in the Second Schedule to this Act relating to
members of the first order of the Legislative Body shall be of the same
force as if they were enacted in the body of this Act.

[Sidenote: Second order.]

11.--(1.) Subject as in this section hereafter mentioned, the second
order of the Legislative Body shall consist of two hundred and four
members.

(2.) The members of the second order shall be chosen by the existing
constituencies of Ireland, two by each constituency, with the exception
of the city of Cork, which shall be divided into two divisions in
manner set forth in the Third Schedule to this Act, and two members
shall be chosen by each of such divisions.

(3.) Any person who, on the appointed day, is a member representing an
existing Irish constituency in the House of Commons shall, on giving
his written assent to the Lord Lieutenant, become a member of the
second order of the Irish Legislative Body as if he had been elected by
the constituency which he was representing in the House of Commons.
Each of the members for the city of Cork, on the said day, may elect
for which of the divisions of that city he wishes to be deemed to have
been elected.

(4.) If any member does not give such written assent within _one month_
after the appointed day, his place shall be filled by election in the
same manner and at the same time as if he had assented and vacated his
office by death.

(5.) If the same person is elected to both orders, he shall, within
_seven days_ after the meeting of the Legislative Body, or if the Body
is sitting at the time of the election, within _seven days_ after the
election, elect in which order he will serve, and his membership of the
other order shall be void and be filled by a fresh election.

(6.) Notwithstanding anything in this Act, it shall be lawful for the
Legislature of Ireland at any time to pass an Act enabling the Royal
University of Ireland to return not more than two members to the second
order of the Irish Legislative Body in addition to the number of
members above mentioned.

(7.) Notwithstanding anything in this Act, it shall be lawful for the
Irish Legislature, after the first dissolution of the Legislative Body
which occurs, to alter the constitution or election of the second order
of that body, due regard being had in the distribution of members to
the population of the constituencies; provided that no alteration
shall be made in the number of such order.

Clauses 12 to 20 are the Finance Clauses, which are dealt with at the
end of this Appendix.


_Police._

21. The following regulations shall be made with respect to police in
Ireland:

(_a._) The Dublin Metropolitan Police shall continue and be subject as
heretofore to the control of the Lord Lieutenant as representing Her
Majesty for a period of _two years_ from the passing of this Act, and
thereafter until any alteration is made by Act of the Legislature of
Ireland, but such Act shall provide for the proper saving of all then
existing interests, whether as regards pay, pensions, superannuation
allowances, or otherwise.

(_b._) The Royal Irish Constabulary shall, while that force subsists,
continue and be subject as heretofore to the control of the Lord
Lieutenant as representing Her Majesty.

(_c._) The Irish Legislature may provide for the establishment and
maintenance of a police force in counties and boroughs in Ireland under
the control of local authorities, and arrangements may be made between
the Treasury and the Irish Government for the establishment and
maintenance of police reserves.

Clause 22 reserves to the Crown the power of erecting forts, dockyards,
etc.


_Legislative Body._

[Sidenote: Veto by first order of Legislative Body, how over-ruled.]

23. If a Bill or any provision of a Bill is lost by disagreement
between the two orders of the Legislative Body, and after a period
ending with a dissolution of the Legislative Body, or the period of
_three years_ whichever period is longest, such Bill, or a Bill
containing the said provision, is again considered by the Legislative
Body, and such Bill or provision is adopted by the second order and
negatived by the first order, the same shall be submitted to the whole
Legislative Body, both orders of which shall vote together on the Bill
or provision, and the same shall be adopted or rejected according to
the decision of the majority of the members so voting together.

[Sidenote: Ceaser of power of Ireland to return members to Parliament.]

24. On and after the appointed day Ireland shall cease, except in the
event hereafter in this Act mentioned, to return representative peers
to the House of Lords or members to the House of Commons, and the
persons who on the said day are such representative peers and members
shall cease as such to be members of the House of Lords and House of
Commons respectively.

Clause 25 refers constitutional questions to the Judicial Committee of
the Privy Council.

Clause 26 abolishes religious test for the Lord Lieutenant.

Clauses 27-30 safeguards interests of Judges and Civil Servants.

Clauses 31-36, transitory and miscellaneous.

37. Save as herein expressly provided all matters in relation to which
it is not competent for the Irish Legislative Body to make or repeal
laws shall remain and be within the exclusive authority of the Imperial
Parliament save as aforesaid, whose power and authority in relation
thereto shall in nowise be diminished or restrained by anything herein
contained.

Clause 38 continues existing laws, courts and officers.

[Sidenote: Mode of alteration of Act.]

39.--(1.) On and after the appointed day this Act shall not, except
such provisions thereof as are declared to be alterable by the
Legislature of Ireland, be altered except--

(a.) by Act of the Imperial Parliament and with the consent
of the Irish Legislative Body testified by an address to
Her Majesty, or

(b.) by an Act of the Imperial Parliament for the passing of
which there shall be summoned to the House of Lords the
peerage members of the first order of the Irish Legislative
Body, and if there are no such members then twenty-eight
Irish representative peers elected by the Irish peers in
manner heretofore in use, subject to adaptation as provided
by this Act; and there shall be summoned to the House of
Commons such one of the members of each constituency, or in
the case of a constituency returning four members such two
of those members, as the Legislative Body of Ireland may
select, and such peers and members shall respectively be
deemed, for the purpose of passing any such Act, to be
members of the said Houses of Parliament respectively.

(2.) For the purposes of this section it shall be lawful for Her
Majesty by Order in Council to make such provisions for summoning the
said peers of Ireland to the House of Lords and the said members from
Ireland to the House of Commons as to Her Majesty may seem necessary or
proper, and any provisions contained in such Order in Council shall
have the same effect as if they had been enacted by Parliament.

Clause 40, definition clause.


_Summary of Finance Provisions._

(Clauses 12-20.)

Clause 13. The Irish Parliament is to have the right to impose all
taxes except customs and excise.

The Irish Parliament to pay annually to the British Exchequer these
sums, fixed at the level for the following 30 years:--

£1,466,000 as interest on the Irish share in the National Debt.
1,666,000 towards the Army and Navy.
110,000 towards the Imperial Civil expenditure.
1,000,000 towards the Irish Constabulary.
----------
£4,242,000 in all.

The Irish Exchequer to pay annually £360,000 towards the reduction of
the National Debt, and their payment of interest to be reduced in
proportion.

If any reduction takes place in Army and Navy to the extent of reducing
British proportions below 15 times the Irish, then the Irish to be
reduced by 1-15th.

The Irish Government to receive the revenues of Crown Lands in Ireland.

If the Irish Constabulary is reduced, then the Irish contribution
towards Constabulary to be reduced accordingly.

Clause 14. The first charge for the Irish contributions to be on the
customs and excise collected in Ireland. The rest to go to the Irish
Government.

The first charge on other Irish taxes to be (1) any deficit in Irish
contribution to British Exchequer, (2) any interest on any Irish debt,
(3) Irish public service, (4) Irish judges, etc.

Duty laid upon Irish Government to raise taxes equal to paying these
charges.

Clauses 16 and 17. Provisions as to Irish Church Fund and Irish loans
(now obsolete).

Clause 18. In case of war Irish Government "_may_" contribute more
money for the prosecution of war.

Clauses 19 and 20. Machinery clauses.


(2) THE BILL OF 1893.

[Sidenote: A.D. 1893.]

A Bill intitled an Act to amend the provision for the Government of
Ireland.

WHEREAS it is expedient that without impairing or restricting the
supreme authority of Parliament, an Irish Legislature should be created
for such purposes in Ireland as in this Act mentioned:

Be it therefore enacted by the Queen's most Excellent Majesty, by and
with the advice and consent of the Lords Spiritual and Temporal, and
Commons, in this present Parliament assembled, and by the authority of
the same, as follows:


_Legislative Authority._

[Sidenote: Establishment of Irish Legislature.]

1. On and after the appointed day there shall be in Ireland a
Legislature consisting of Her Majesty the Queen and of two Houses, the
Legislative Council and the Legislative Assembly.

[Sidenote: Powers of Irish Legislature.]

2. With the exceptions and subject to the restrictions in this Act
mentioned, there shall be granted to the Irish Legislature power to
make laws for the peace, order, and good government of Ireland in
respect of matters exclusively relating to Ireland or some part
thereof. Provided that, notwithstanding anything in this Act contained,
the supreme power and authority of the Parliament of the United Kingdom
of Great Britain and Ireland shall remain unaffected and undiminished
over all persons, matters, and things within the Queen's dominions.

[Sidenote: Exceptions from powers of Irish Legislature.]

3. The Irish Legislature shall not have power to make laws in respect
of the following matters or any of them:--

(1.) The Crown, or the succession to the Crown, or a Regency;
or the Lord Lieutenant as representative of the Crown; or

(2.) The making of peace or war or matters arising from a state
of war; or the regulation of the conduct of any portion of
Her Majesty's subjects during the existence of hostilities
between foreign states with which Her Majesty is at peace,
in respect of such hostilities; or

(3.) Navy, army, militia, volunteers, and any other military
forces, or the defence of the realm, or forts, permanent
military camps, magazines, arsenals, dockyards, and other
needful buildings, or any places purchased for the erection
thereof; or

(4.) Authorising either the carrying or using of arms for
military purposes, or the formation of associations for
drill or practice in the use of arms for military purposes;
or

(5.) Treaties or any relations with foreign States, or the
relations between different parts of Her Majesty's
dominions, or offences connected with such treaties or
relations, or procedure connected with the extradition of
criminals under any treaty; or

(6.) Dignities or titles of honour; or

(7.) Treason, treason-felony, alienage, aliens as such, or
naturalization; or

(8.) Trade with any place out of Ireland; or quarantine, or
navigation, including merchant shipping (except as respects
inland waters and local health or harbour regulations); or

(9.) Lighthouses, buoys, or beacons within the meaning of the
Merchant Shipping Act, 1854, and the Acts amending the same
(except so far as they can consistently with any general
Act of Parliament be constructed or maintained by a local
harbour authority); or

(10.) Coinage; legal tender; or any change in the standard of
weights and measures; or

(11.) Trade marks, designs, merchandise marks, copyright, or
patent rights.

Provided always, that nothing in this section shall prevent the passing
of any Irish Act to provide for any charges imposed by Act of
Parliament, or to prescribe conditions regulating importation from any
place outside Ireland for the sole purpose of preventing the
introduction of any contagious disease.

It is hereby declared that the exceptions from the powers of the Irish
Legislature contained in this section are set forth and enumerated for
greater certainty, and not so as to restrict the generality of the
limitation imposed in the previous section on the powers of the Irish
Legislature.

Any law made in contravention of this section shall be void.

4.



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