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Spender, Harold / Home Rule Second Edition
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;

(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

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

4. The powers of the Irish Legislature shall not extend to the making
of any law--

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

(2.) Imposing any disability, or conferring any privilege,
advantage, or benefit, on account of religious belief, or
raising or appropriating directly or indirectly, save as
heretofore, any public revenue for any religious purpose,
or for the benefit of the holder of any religious office as
such; or

(3.) Diverting the property or without its consent altering the
constitution of any religious body; or

(4.) Abrogating or prejudicially affecting the right to
establish or maintain any place of denominational education
or any denominational institution or charity; or

(5.) Whereby there may be established and endowed out of public
funds any theological professorship or any university or
college in which the conditions set out in the University
of Dublin Tests Act, 1873, are not observed; or

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

(7.) Directly or indirectly imposing any disability, or
conferring any privilege, benefit, or advantage upon any
subject of the Crown on account of his parentage or place
of birth, or of the place where any part of his business is
carried on, or upon any corporation or institution
constituted or existing by virtue of the law of some part
of the Queen's dominions, and carrying on operations in
Ireland, on account of the persons by whom or in whose
favour or the place in which any of its operations are
carried on; or

(8.) Whereby any person may be deprived of life, liberty, or
property without due process of law in accordance with
settled principles and precedents, or may be denied the
equal protection of the laws, or whereby private property
may be taken without just compensation; or

(9.) Whereby any existing corporation incorporated by Royal
Charter or by any local or general Act of Parliament may,
unless it consents, or the leave of Her Majesty is first
obtained on address from the two Houses of the Irish
Legislature, be deprived of its rights, privileges, or
property without due process of law in accordance with
settled principles and precedents, and so far as respects
property without just compensation. Provided nothing in
this subsection shall prevent the Irish Legislature from
dealing with any public department, municipal corporation,
or local authority, or with any corporation administering
for public purposes taxes, rates, cess, dues, or tolls, so
far as concerns the same.

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

_Executive Authority._

5.--(1.) The executive power in Ireland shall continue vested in Her
Majesty the Queen, and the Lord Lieutenant, or other chief executive
officer or officers for the time being appointed in his place, on
behalf of Her Majesty, shall exercise any prerogatives or other
executive power of the Queen the exercise of which may be delegated to
him by Her Majesty, and shall, in Her Majesty's name, summon, at least
once in every year, prorogue, and dissolve the Irish Legislature; and
every instrument conveying any such delegation of any prerogative or
other executive power shall be presented to the two Houses of
Parliament as soon as conveniently may be. Provided always that the
lieutenants of counties shall be appointed by the Lord Lieutenant of
Ireland as representing Her Majesty.

(2.) There shall be an Executive Committee of the Privy Council of
Ireland to aid and advise in the government of Ireland, being of such
numbers, and comprising persons holding such offices under the Crown as
Her Majesty or, if so authorised, the Lord Lieutenant may think fit,
save as may be otherwise directed by Irish Act.

(3.) The Lord Lieutenant shall, on the advice of the said Executive
Committee, give or withhold the assent of Her Majesty to Bills passed
by the two Houses of the Irish Legislature, subject nevertheless to any
instructions given by Her Majesty in respect of any such Bill.

6. All the powers and jurisdiction to be exercised in accordance with
the provisions of the Foreign Enlistment Act, 1870, and the Fugitive
Offenders Act, 1881, by the Lord Lieutenant or Lord Justices, or other
Chief Governor or Governors of Ireland, or the Chief Secretary of the
Lord Lieutenant, shall be exercised by the Lord Lieutenant in pursuance
of instructions given by Her Majesty.

_Constitution of Legislature._

7.--(1.) The Irish Legislative Council shall consist of forty-eight

(2.) Each of the constituencies mentioned in the First Schedule to this
Act shall return the number of councillors named opposite thereto in
that schedule.

(3.) Every man shall be entitled to be registered as an elector, and
when registered to vote at an election, of a councillor for a
constituency, who owns or occupies any land or tenement in the
constituency of a rateable value of more than twenty pounds, subject to
the like conditions as a man is entitled at the passing of this Act to
be registered and vote as a parliamentary elector in respect of an
ownership qualification or of the qualification specified in section
five of the Representation of the People Act, 1884, as the case may be:
Provided that a man shall not be entitled to be registered, nor if
registered to vote, at an election of a councillor in more than one
constituency in the same year.

(4.) The term of office of every councillor shall be eight years, and
shall not be affected by a dissolution; and one half of the councillors
shall retire in every fourth year, and their seats shall be filled by a
new election.

8.--(1.) The Irish Legislative Assembly shall consist of one hundred
and three members, returned by the existing parliamentary
constituencies in Ireland, or the existing divisions thereof, and
elected by the parliamentary electors for the time being in those
constituencies or divisions.

(2.) The Irish Legislative Assembly when summoned may, unless sooner
dissolved, have continuance for five years from the day on which the
summons directs it to meet and no longer.

(3.) After six years from the passing of this Act, the Irish
Legislature may alter the qualification of the electors, and the
constituencies, and the distribution of the members among the
constituencies, provided that in such distribution due regard is had to
the population of the constituencies.

9. If a Bill or any provision of a Bill adopted by the Legislative
Assembly is lost by the disagreement of the Legislative Council, and
after a dissolution, or the period of two years from such disagreement,
such Bill, or a Bill for enacting the said provision, is again adopted
by the Legislative Assembly and fails within three months afterwards to
be adopted by the Legislative Council, the same shall forthwith be
submitted to the members of the two Houses deliberating and voting
together thereon, and shall be adopted or rejected according to the
decision of the majority of those members present and voting on the

_Irish Representation in House of Commons._

10. Unless and until Parliament otherwise determines, the following
provisions shall have effect--

(1.) After the appointed day each of the constituencies named
in the Second Schedule to this Act shall return to serve
in Parliament the number of members named opposite thereto
in that schedule, and no more, and Dublin University shall
cease to return any member.

(2.) The existing divisions of the constituencies shall, save as
provided in that schedule, be abolished.

(3.) The election laws and the laws relating to the
qualification of parliamentary electors shall not, so far
as they relate to parliamentary elections, be altered by
the Irish Legislature, but this enactment shall not prevent
the Irish Legislature from dealing with any officers
concerned with the issue of writs of election, and if any
officers are so dealt with, it shall be lawful for Her
Majesty by Order in Council to arrange for the issue of
such writs, and the writs issued in pursuance of such Order
shall be of the same effect as if issued in manner
heretofore accustomed.

Clauses 11-20 are the finance clauses, which are dealt with at the end
of this Appendix.

Clauses 21 and 22 substitute the Judicial Committee of the Privy
Council as Court of Appeal for Ireland in place of House of Lords.

Clause 23 abolishes religious test for the Lord Lieutenant.

Clauses 25-28 safeguard interests of Judges, Civil Servants.

29.--(1.) The forces of the Royal Irish Constabulary and Dublin
Metropolitan Police shall, when and as local police forces are from
time to time established in Ireland in accordance with the Fifth
Schedule to this Act, be gradually reduced and ultimately cease to
exist as mentioned in that Schedule; and thereupon the Acts relating to
such forces shall be repealed, and no forces organised and armed in
like manner, or otherwise than according to the accustomed manner of a
civil police, shall be created under any Irish Act; and after the
passing of this Act, no officer or man shall be appointed to either of
those forces;

Provided that until the expiration of six years from the appointed day,
nothing in this Act shall require the Lord Lieutenant to cause either
of the said forces to cease to exist, if as representing Her Majesty
the Queen he considers it inexpedient.

Sections (2) to (5) safeguard interests of existing police.

Clauses 30-33. Miscellaneous.

34.--(1.) During three years from the passing of this Act, and if
Parliament is then sitting until the end of that session of Parliament,
the Irish Legislature shall not pass an Act respecting the relations of
landlord and tenant, or the sale, purchase, or letting of land
generally: Provided that nothing in this section shall prevent the
passing of any Irish Act with a view to the purchase of land for
railways, harbours, waterworks, town improvements, or other local

(2.) During six years from the passing of this Act, the appointment of
a judge of the Supreme Court or other superior court in Ireland (other
than one of the Exchequer judges) shall be made in pursuance of a
warrant from Her Majesty countersigned as heretofore.

Clause 35. Transitory.

Clause 39. Definitions, etc.

_Summary of Finance Provisions._

(Clauses 11-20.)

The General Revenue of Ireland to be kept apart as specified. One-third
to be allocated to Imperial expenditure. Two-thirds to form the special
revenue of Ireland and to be spent in purely Irish expenditure.

War taxes to be imposed on Ireland simultaneously and identically with
Great Britain and to be paid into the British exchequer.

After six years all taxation except customs and excise to be
transferred to Ireland and all these arrangements to be revised.



This Board was set up in 1899 by the Agriculture and Technical
Instruction (Ireland) Act.

The constructive clauses of this Act are the following:--

Clause 1 establishes a Department of Agriculture, its powers to be
exercised either by the President or Vice-President.

Clauses 2, 3, 4 and 5 define its powers.

Part II. creates the advisory machinery to which reference is made in
the text, and they run as follows:--

_Consultative Council, Agricultural Board and Board of Technical
Instruction, and Financial Provisions._

7. For the purpose of assisting the Department in carrying out the
objects of this Act there shall be established--

(a) a Council of Agriculture;

(b) an Agricultural Board; and

(c) a Board of Technical Instruction.

8.--(1.) The Council of Agriculture shall consist of the following

(a) Two persons to be appointed by the county council of each
county (other than a county borough) in each province; and

(b) A number of persons resident in each province equal to the
number of counties (exclusive of county boroughs) in the
province, to be appointed by the Department with due regard
to the representation on the council of any agricultural or
industrial organisations in the province.

(2.) For the purposes of this section the county of Cork shall be
regarded as two counties, and four persons shall be appointed by the
council of that county.

(3.) The members representing each province shall constitute separate
committees on the Council and shall be styled the provincial committees
of the respective provinces.

9. The Agricultural Board shall consist of the following members:--

(a.) Two persons to be appointed by the provincial committee
of each province; and

(b.) Four persons to be appointed by the Department.

10. The Board of Technical Instruction shall consist of the following

(a.) Three persons to be appointed by the county council of
each of the county boroughs of Dublin and Belfast;

(b.) One person to be appointed by a joint committee of the
councils of the several urban county districts in the
county of Dublin; such committee to consist of one member
chosen out of their body by the council of each such

(c.) One person to be appointed by the council of each county
borough not above mentioned;

(d.) One person to be appointed by the provincial committee of
each province;

(e.) One person to be appointed by the Commissioners of National

(f.) One person to be appointed by the Intermediate Education
Board; and

(g.) Four persons to be appointed by the Department.

11. The Council of Agriculture shall meet at least once a year for the
purpose of discussing matters of public interest in connexion with any
of the purposes of this Act.

12. The Agricultural Board shall advise the Department with respect to
all matters and questions submitted to them by the Department in
connexion with the purposes of agriculture and other rural industries.

13. The Board of Technical Instruction shall advise the Department with
respect to all matters and questions submitted to them by the
Department in connexion with technical instruction.



The Report of the Irish Local Government Board for 1911 shows a
reduction in Irish pauperism between March, 1910, and March 26th, 1911,
amounting to over 18,000:--

March 26th, 1910 99,607
March 25th, 1911 80,942

An analysis of the figures shows that the reduction is almost entirely
due to the Old-age Pensions Act. There is little or no reduction in
children, lunatics, or mothers, while there are the following
reductions in aged and infirm paupers:--

| 1910. | 1911. | Reduction.
Aged and infirm in work-houses | 13,478 | 11,291 | 2,187
| | |
Aged and infirm on out-door relief | 51,304 | 35,681 | 15,623
Total | 17,810

leaving only 855 of the reduction unaccounted for.



The provisions which have revolutionised the land system of Ireland are
contained in Clause 8 of the Land Act of 1881, which runs as follows:--

8.--(1.) The tenant of any present tenancy to which this Act applies,
or such tenant and the landlord jointly, or the landlord, after having
demanded from such tenant an increase of rent which the tenant has
declined to accept, or after the parties have otherwise failed to come
to an agreement, may from time to time during the continuance of such
tenancy apply to the court to fix the fair rent to be paid by such
tenant to the landlord for the holding, and thereupon the court, after
hearing the parties, and having regard to the interest of the landlord
and tenant respectively, and considering all the circumstances of the
case, holding, and district, may determine what is such fair rent.

(2.) The rent fixed by the court (in this Act referred to as the
judicial rent) shall be deemed to be the rent payable by the tenant as
from the period commencing at the rent day next succeeding the decision
of the court.

(3.) Where the judicial rent of any present tenancy has been fixed by
the court, then, until the expiration of a term of fifteen years from
the rent day next succeeding the day on which the determination of the
court has been given (in this Act referred to as a statutory term),
such present tenancy shall (if it so long continue to subsist) be
deemed to be a tenancy subject to statutory conditions, and having the
same incidents as a tenancy subject to statutory conditions consequent
on an increase of rent by a landlord.



The present Congested Districts Board, so often referred to in the
text, is constituted under the following clauses of the Irish Land Act
of 1909:--

45.--(1.) From and after the appointed day, the Congested Districts
Board shall consist of the following members:--

(a.) The Chief Secretary, the Under Secretary to the Lord
Lieutenant, and the Vice-President of the Department of
Agriculture and Technical Instruction for Ireland, who
shall be ex officio members:

(b.) Nine members appointed by His Majesty (in this Act
referred to as appointed members):

(c.) Two paid members appointed by His Majesty (in this Act
referred to as permanent members).

(2.) An appointed member shall hold office for five years, and shall be
eligible for re-appointment. On a casual vacancy occurring by reason of
the death, resignation, or incapacity of an appointed member or
otherwise, the person appointed by His Majesty to fill the vacancy
shall continue in office until the member in whose place he was
appointed would have retired, and shall then retire.

46.--(1.) For the purposes of the Congested Districts Board (Ireland)
Acts, as amended by this Act, each of the following administrative
counties, that is to say, the counties of Donegal, Sligo, Leitrim,
Roscommon, Mayo, Galway, and Kerry, shall be a congested districts
county, the six rural districts of Ballyvaghan, Ennistymon, Kilrush,
Scariff, Tulla, and Killadysert, in the county of Clare, shall together
form one congested districts county, and the four rural districts of
Bantry, Castletown, Schull, and Skibbereen, in the county of Cork,
shall together form one congested districts county.

(2.) No electoral division shall, after the passing of this Act, be or
form part of a congested districts county, unless it is included in a
congested districts county constituted under this section.

The Act follows closely on the lines of the Report of the 1908
Commission, and places a third of Ireland under the Board.



(1.) That such waterways in Ireland as, on a review of all the facts,
your Majesty's Government may deem of importance to the cause of cheap
inland transport, should come under State control; and

(2.) That a Controlling Authority should be constituted for the purpose
of taking over those inland waterways which are already under the
control of the State, of Local Authorities, or of a public trust, and
of acquiring such other waterways as are determined to be of importance
either to the drainage of the country, or to the cause of cheap inland


The principal recommendation of the Majority Report of the Viceregal
Commission on Irish Railways (1910) runs as follows:--

(1.) That an Irish Authority be instituted to acquire the
Irish Railways and work them as a single system.

(2.) That this Authority be a Railway Board of twenty
Directors, four nominated and sixteen elected.

(3.) That the general terms of purchase be those prescribed by
the Regulation of Railways Act of 1844 (7 and 8 Vic. cap. 85.
sec. 2), with supplementary provisions as to redemption of
guarantees, and purchase of non-dividend paying or non-profit
earning lines.

(4.) That the financial medium be a Railway Stock; and that
such stock be charged upon (1) the Consolidated Fund; (2) the
net revenues of the unified Railway system; (3) an annual grant
from the Imperial Exchequer; and (4) a general rate, to be
struck by the Irish Railway Authority if and when required.



Canada 10
Australia 7
South Africa 5
Newfoundland 1
New Zealand 1
Total 24

Besides these Autonomous Parliaments--

(1.) India has also now seven "Legislative Councils," partly

(2.) The Isle of Man has "House of Keys," with almost complete
legislative power.

(3.) The Channel Islands have their own semi-independent
governing Assemblies.

(4.) The Crown Colonies have Assemblies possessing a
considerable local representative element.

WYMAN & SONS, LTD., Printers, Fetter Lane, London, E.C.; and Reading.

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