Private and Con.fidentjal. GUIDE TO THE )ME RULE BILL This I > 3> \JjujJ ^Private and Confidential. GUIDE TO THE HOME RULE BILL. Edited by The Rt. Hon. J. H. CAMPBELL. K.C., M.P. UNION DEFENCE LEAGUE AND NATIONAL UNIONIST ASSOCIATION. o C/5 PREFACE. By tlie Rt. Hon. James H. Campbell, K.C, M.P. The Government of Ireland Bill, 1912, is defended and advocated by reckless assurances and impossible promises. It is to prepare the way for Home Rule all round and to relieve the congestion of the Imperial Parliament. It is to combine real autonomy for Ireland with effective Imperial control. It is to give the new Government a generous financial margin without imposing excessive burdens on the English taxpayer. A scheme which really gave any promise of fulfilling these expectations might have a certain claim upon the sympathetic consideration of the House of Commons. But the smallest examination of the present Bill will show that so far from giving any security that it will carry out the ostensible wishes of its promoters, it will actually increase the evils that it is designed to rem^edy. It is beyond the scope of the present writer to discuss the relative advantages of a federal or unitary system of government in these islands. There may be some who look forward without misgivings to the expenditure of three or four years of Parliamentary time in setting up five Parliaments with Cabinets respon- sible to them, in establishing a written constitution, a federal Court, and the other complicated machinery of federalism in so small an area as that of the United Kingdom. We need at the moment say no more than that this Bill is the most deadly obstacle either to the maintenance of our present constitution, or to the substitution of any rational scheme of federalism in its place. This Bill is no more Federalism than it is Unionism ; it is a kind of experiment for which political science has as yet discovered no name. Under it, the relation of Ireland to England will not be that 402158 iv PREFACE. of a single State to a Federal Union nor even that of a self- governing colony to the Home Country. It will be an uneasy and unstable combination of which the constituent parts must constantly tend to separation. The Bill makes futile and harassing attempts to take back with one hand the full self-government which it gives with the other. The Government are engaged in the hopeless effort of Franken- stein, to control the actions of the powerful and independent m.onster to which they are giving life. The essence of federalism is the active and continuous control of the same territory by two Governments, each of which is supreme in its own sphere and neither of which can interfere with the other. The Home Kule scheme contem- plates general control by one Government, subject to capricious and intermittent intervention by another. The Irish Government can alter customs duties, and, therefore, the customs union, the most useful adjunct of federalism, is destroyed. But the policy of the Irish Government and the calculations of the Irish Chancellor can be utterly dis- turbed by an adjustment of English customs with which they have nothing to do. If there is an English customs duty on tea, the Irish Parliament may increase it to the limit of increasing the yield by one-tenth. But if the English customs duty is removed the Irish customs duty has gone too, whatever may be the views of the Irish Parliament. The Bill makes it necessary to establish the irritating and expensive customs barrier betw^een England and Ireland while it restricts the imagination of the Irish Chancellor to attempts to wriggle out of the wording of the Act. Again, the Irish Parliament cannot give protection to Irish manu- facturers by the straightforward methods of preferential tariff, but it is permitted to gain the same ends by means of bounties which provide a fertile soil for political corruption and intrigue. The Post Office, an essentially federal service, is given to the Irish Parliament, but the financial responsibility for National Insurance and Old Age Pensions, which are purely Irish services, are retained by the Imperial Government. PREFACE. V There is no exclusive jurisdiction at all. The British Parliament can nominally interfere in all Irish matters, and the Irish members at Westminster will certainly help to settle p]nglish domestic policy. The interference of the British Parliament is so devised as to cause the maximum amount of irritation and friction with the minimum of effective control. The first problem which must arise when the new Parliament is established is the limits within which the Imperial authority will in practice be exercised. The desire of the Irish Cabinet will naturally be to get themselves recognised as standing in a position similar to that of a self- governing colony. They will be inclined to follow colonial precedent at first, when their authority is strong in Ireland, by meeting any intervention of which they disapprove by resignation. If the Imperial Parliament then gives way the elaborate safeguards of the Bill will disappear at one blow. If the Imperial Parliament refuses to give way the Lord Lieutenant will be left without a Ministry and the deadlock which Unionists have foreseen will ensue. The history of every intervention in the government of Ireland must be one of Nationalist triumph and Imperial defeat. The story of Grattan's Parliament would be repeated, and the tie between the two countries would be gradually loosened by the same process which separated Norway from Sweden and is now parting Hungary from Austria. This process is not federal but anti-federal in its nature. In introducing his Home Rule Bill, Mr. Asquith significantly remarked that in moving towards a federal system we should be meeting our Colonies on the same road. If two people meet on a road, it means that they are going in different directions. The Colonies are moving from separation towards unity ; the adoption of the Home Rule Bill would be for us a decisive movement in the opposite direction. Equally false from a constitutional standpoint is the representation of Irish members in the British Parlia- ment, especially when the financial provisions of the Bill VI PREFACE. are taken into account. Financial independence is, of course, the only ground upon which legislative autonomy can rationally be based. But in federalism something more than financial independence is required. Federalism looks to the constituent States for payment towards the expenses of the Federal Government and representation in the Federal Parliament is dependent in the last resort upon such payment. The old principle of government that taxation and repre- sentation should go together is specially applicable to federalism. But this Bill neither exacts any federal payment from Ireland nor even contemplates one in the immediate future. If the principle of Home Rule were extended to the other parts of the United Kingdom within the next six or seven years we could hope for no financial assistance from Ireland. On the contrary, the federal Government would have not only to provide for the free defence of Ireland but it would have to meet the continual subsidy to the Irish Government. Federation on such terms would be financial lunacy. Either the Government looks forward to an early readjustment of Irish finances on terms which no sane Irish Chancellor could consider for a moment, or else its pledges to Scottish members and to the Country are made with the full knowledge that they can never be fulfilled. These considerations make the provisions of the Bill almost appalling to those who hold by the recognised principles of free government. Taxation and representation are both included in the Home Rule Bill, but they are most unequally divided. The taxation is given to England while the representation is retained by Ireland. Although the taxation per head of the population of Ireland is lower than that of England, the English people are compelled to make a free grant to Ireland to induce them to accept their longed- for freedom. The financial independence which was good enough for our loyal cousins in the Dominions is to be replaced by a substantial grant in the case of the disloyal Irish politicians. England is to have no word in how this money is spent, but the Irish Members are still to come to PREFACE. Vll Westminster to dictate how the taxes to which they do not contribute are to be allotted. Mr. Asquith's only excuse for this monstrous injustice is the classic answer oi the servant girl in misfortune. There is to be an Irish representation, but it is to be a very little one. He constantly, in this Bill, pursues this policy of attempting to mitigate an injustice to England by inflicting another upon Ireland. It is utterly unreasonable from any standpoint of constitutional law to permit Irishmen to vote taxes that they do not pay. Nor can forty-two votes, counting over eighty on a division, be regarded as a negligible factor in these days of balanced parties and small majorities. But it is no less inequitable that Ireland should be represented in the Parliament which, nominally, at least, has supreme control of all Irish affairs only partly to the extent that her population would justify. The Government is again brought up against the inherent impossibility of establishing Federalism on an instalment plan. In so far as the British Parliament is the domestic Parliament of Great Britain it is grossly unjust that Ireland should be represented there at all. But in so far as the Imperial Parliament is the supreme controller of the affairs of the United Kingdom, it is cruelly unfair that Ireland should not have the full representation that her population demands. If the Government will insist upon confusing the two, the only equitable solution is to be found in the " popping in-and-out clauses " of the 1893 Bill. That they were proved to be utterly impracticable is beside the point. The whole scheme is impracticable, and one absurdity more or less should not affect the fact of a measure which should have been conceived in Bedlam and born in Colney Hatch. The financial provisions are another illustration of Mr. Asquith's strange aptitude for framing a bargain which will be unjust to both parties at the same time. The English taxpayer will have to pay a subsidy towards the Irish Parliament for an indefinite time whether he approves of the actions of that Parliament or not. But the Irish Chancellor is given, as an incentive to prudence and economy, Vlll PREFACE. a provision that if lie succeeds in making both ends meet for three consecutive years he may be asked to contribute towards Imperial expenditure. The Enghsh subsidy is justified on the grounds that the Irish people have been, and are, over -taxed to the extent of several millions every year. This is to be remedied by setting up a Parliament which, if it is not to be utterly impotent, must immediately tax the Irish people even more. Economy is to be preserved by setting up another Parliament with paid members, ministers, clerks and officers. One Grovernment is to collect the taxes, the other Government is to spend them, and when they fall out the question is to be decided by a Board of Civil Servants representing both Parliaments and responsible to neither. This Board will have as its head an independent chairman, who, if he is an Enghshman, will be distrusted by Ireland, and if an Irishman, will be despised by England. If he is a Liberal the smouldering fires of Unionist discontent will blaze into flame ; if he is a Unionist, the Nationalists will be up in arms. If he is a financier, he will be denounced as a man of figures with no imaginative sense ; if a statesman, as a dreamer wnth no practical acquaintance with his subject ; while, if he is none of these things, it will be agreed on all hands that he lacks qualifications for his position. Look, then, at the position of the Irish Parliament. For years the Irish Nationalists have preached two doctrines to a discontented people. Whenever any town or district wanted anything, from piers to seed potatoes, they were told to wait for Home Rule. Recently, Government Boards and Depart- ments have arisen under the Union Government to satisfy every legitimate economic aspiration of the people. Since then the competition of Nationahst agitators to describe the advantages that will immediately follow the grant of Home Rule has been immense. Every extravagant scheme, from the Nationalisation of the railways to the compulsory expropriation of all landlords and graziers, has been welcomed and endorsed by the Nationalist Party. On the other hand, the people have been told from every platform that they PREFACE. IX have been grossly over-taxed by the perfidious Saxon, and that in Home Rule they will find the only relief from the crushing burdens which oppress them. Now the time is coming when these promises will have to be honoured. The Nationalists will have to explain to their deluded followers that neither landlords nor railway shareholders can be violently expropriated. Seed potatoes will not drop in heavenly showers upon the grateful earth, nor will revenue accumulate to the music of the Emmet Brass Band or by decree of the Ancient Order of Hibernians. The Irish Parliament, on the contrary, will have to increase taxes upon the farmers in order to carry out the most elementary and necessary reforms. Only those who know Ireland can appreciate the violence of the reaction. To save itself, the Ministry will have to direct the attack upon the Exchequer Board and attempt to placate their followers by a policy of noisy patriotism. The Senate will not be in any position to restrain the excesses of the lower House. There is no reason to suppose that it will gain from the impressiveness of its constitution the authority that it will lack from the smallness of its numbers. It is to consist of " independent men,"— men, in other words, who are detached from any political party. As a rule such men, though they be the salt of earth, are regarded by the populace with aversion as political dreamers, and in no country is this more true than in Ireland. An elected Senate, especially if it were elected by some system of proportional representation, would carrv more weight in Ireland than any composed of the nominees which this Government is likely to find. Like other pro- visions in this Bill, it has been framed in entire ignorance or disregard of the most elementary Irish conditions. Finally, the Bill proposes to set up an Irish Executive and to place under its control the lives and liberties of the Loyalist community in Ireland. Any such Executive will inevitably be manned by the men who for the last thirty years have been responsible for the organised intimidation and lawlessness which have paralysed the ordinary law and X PREFACE. brought sorrow, suffering and death into many a home. For the last five years, since the advent to office of the present Government, this organised tyranny has reigned triumphant in every part of Ireland outside Ulster, and owing to the cowardly connivance of the Irish Executive the various forms of agrarian outrage, including murder, moonlighting, cattle-maiming and boycotting have run rampant and unpunished. Since the Peace Preservation Act was dropped some three years ago, there have been about eight hundred outrages with fire-arms involving the death of twenty-eight persons and the mutilation of nearly two hundred others. Little wonder if, in the light of such experience, the loyal and law-abiding subjects of the King in Ireland are fixed and unaltered in their determination to resist to the uttermost by every means in their power, and at any cost or sacrifice, the attempt to rivet upon them for all time the fetters of such an intolerable and cruel tyranny. My thanks are due to Mr. S. Rosenbaum, Mr. Pembroke Wicks and the Secretary of the Union Defence League (Mr. Phihp G. Cambray), for their help and assistance in the preparation of this volume. I have also to thank Mr. Alastair Gilmour for placing at my service his summary of the Committee Stage of the Home Rule Bill, 1893, which has been included. CONTENTS. PAO K Government of Ireland Bill ... 1 The Home Rule Bill, 1912, Comp.^red with the Previous Bills 10,5 The Home Rule Bill, 1893 — Committee Stage ... ... ... ... ... ... 241 Report Stage , 311 Guillotined Amendments and Xew Clauses 323 [This is (I reprint of the Bill page and line as in the original.'] Government of Ireland Bill. ARRANGEMENT OF CLAUSES. Legislative Authority. CLAUSE. 1. Establishment of Irish Parliament. 2. Legislative powers of Irish Parliament. 3. Prohibition of laws interfering with religious equality, &c. Executive Authority. 4. Executive power in Ireland. 5. Future transfer of certain reserved services, Irish Parliament. 6. Summoning, &c., of Irish Parliament. 7. Royal Assent to Bills of Irish Parhament. 8. Composition of Irish Senate. 9. Composition of Irish House of Commons. 10. Money Bills. 11. Disagreement between two Houses of Irish Parliament. 12. Privileges, quahfications, &c., of Members of Irish Parlia- ment. Irish Representation in the House of Commons. 13. Representation of Ireland in the House of Commons of the United Kingdom. Finance. 14. Irish revenue and expenditiire. 15. Powers of Irish Parliament with respect to taxation. 16. Relations between Great Britain and Ireland as respects Customs and Excise duties. ( 1 ) B CLAUSE. 17. Supplemental provisions as to Transferred Sum and Irish revenue. 18. Charge on Transferred Sum of sums charged on the Guarantee Fund. 19. Development fund and road improvement grant. 20. Irish Church Fund. 21. Supplemental provisions as to Irish Exchequer and Con- solidated Fund. 22. Joint Exchequer Board. 23. Charge of Irish Government loans on Transferred Sum and management by Joint Exchequer Board. 24. Ascertainment of true Irish revenue. 25. Alteration of taxes to be treated as increases or reductions of taxes as the case may be. 2G. Revision of financial arrangements in certain events. Provisions as to Judicial Power. 27. Tenure of office by judges. 28. Irish appeals. 29. Special provision for decision of constitutional questions. 30. Appeal in cases where the validity of an Irish law is questioned. Lord Lieutenant. 31. Office of Lord Lieutenant. Provisions as to Existing Judges and Irish Officers. 32. Provisions as to existing judges and other persons having salaries charged on the Consolidated Fund. 33. Continuation of service of, and compensation to, existing officers. 34. Establishment of Civil Service Committee. 35. Provisions as to existing pensions and superannuation allowances. 36. Definition of Irish officer, and provision as to officers in whose case questions may arise,. &c. ( 2 ) Provisions as to Members of Police. CLAUSE. 37. Continuation of service of, and compensation to, members of police forces. General. 38. Continuance of existing laws, institutions, &c. 39. Use of Crown lands by Irish Government. 40. Arrangements between departments of United Kingdom and Irish departments for exercise of powers and duties. 41. Concurrent legislation. Tramitory. 42. First meeting of Irish Parliament and first election of reduced number of Irish members. 43. Temporary provision as to payments into and out of the Irish Exchequer. 44. Power to make adaptations, &c., by Order in Council. 45. Orders in Council to be laid before Parliament. 46. Appointed day. Swpflemental. 47. Defimtions. 48. Short title. Schedules. ( 3 ) b2 [This is a reprint of the Bill page and line as in the original.'\ Page 1 of the Bill. A BILL TO AMEND THE PROVISION FOR THE GOVERNMENT OF IRELAND. A.D. 1912 BE it enacted by the King'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. Establish- ment of Irish Par- liament. 1. (1) On and after the appointed day there shall be in Ireland an Irish Parliament consisting of His Majesty the King and two Houses, namely, the Irish Senate and the Irish House of Commons. (2) Notwithstanding the establishment of the Irish Parlia- ment or anything contained in this Act, the supreme power and authority of the Parliament of the United Kingdom shall remain unafiected and undiminished over all persons, matters, and things within His Majesty's dominions. 10 Legislative powers of Irish Par- liament. 2. Subject to the provisions of this Act, the Irish Parliament 15 shall have power to make laws for the peace, order, and good government of Ireland with the following limitations, namely, that they shall not have power to make laws except in respect of matters exclusively relating to Ireland or some part thereof, and (without prejudice to that general limitation) that they shall not 20 have power to make laws in respect of the following matters in particular, or any of them, namely — (1) The Crown, or the succession to the Crown, or a Regency ; or the Lord Lieutenant except as respects the exercise of his executive power in relation to Irish services 25 as defined for the puiposes of this Act ; or ( 4) Notes to Clauses. 1. (1) The use of the word " Parliament " is new in Irish Home Rule Bills. " Legislature " was the description previously applied : " Parlia- ment " is a concession to Irish Home Rulers. Mr. W. Redmond in 1893 (May 9th) in Committee moved to substitute the word " Parliament " for " Legislature " on the ground that the Irish were accustomed to use the word " Parliament," and its inclusion would satisfy their widespread sentiment. Mr. Gladstone declined to accept the amendment, as no Colony, except Canada, had the word " Parliament." Now, however, Australia has a Parliament, as also the Union of South Africa. The nomenclature of the two Houses — Senate and House of Commons — follows that of Canada. Senate is also the name of the Upper Chambers of Australia and South Africa ; but the lower chamber is variously named House of Representatives or House of Assemblv. In the Bill of 1886 there was an Irish legislative body of two orders : .that of 1893 established a legislative council and legislative assembly. (2) The Bill of 1893, as introduced, contained a preamble asserting the supreme authority of the Imperial Parliament : and as amended contained a further provision in Clause 2 reasserting this supi'emacy, sub- stantially the words of this sub-section. The amendment was moved by Sir Henry James, and was accepted by Mr. Gladstone (May 10th, 1893). 2. " Peace, order and good government " is the customary phrase. The wording substantially follows the Bill of 1893 as amended. The list of legislative powers outside the authority of the Irish Parliament generally follows that of Clause 3 of the amended Bill of 1893. " Any other naval or military matter" in (3) is general, and is substituted for the details enumerated in the previous Bill. ( 5 ) Page 2 of the Bill. (2) Tlie making of peace or war or matters arising from a state of war ; or tlie regulation of the conduct of any portion of His Majesty's subjects during the existence of hostilities between Foreign States with which His- Majesty is at peace, in relation to those hostihties ; or (3) The navy, the army, the territorial force, or any other naval or military force, or the defence of the realm, or any other naval or military matter ; or (4) Treaties, or any relations, with Foreign States, or relations with other parts of His Majesty's dominions, 10 or ofiences connected with any such treaties or relations, or procedure connected with the extradition of criminals under any treaty, or the return of fugitive ofienders from or to any part of His Majesty's dominions ; or I5, (5) Dignities or titles of honour ; or (6) Treason, treason felony, alienage, naturaUsation, or aliens as such : or (7) Trade with any place out of Ireland (except so far as trade may be afiected by the exercise of the powers 20 of taxation given to the Irish Parliament, or by the regulation of importation for the sole purpose of pre- venting contagious disease) ; quarantine ; or navigation, including merchant shipping (except as respects inland waters and local health or harbour regula- 25» tions) ; or (8) Lighthouses, buoys, or beacons (except so far as they can consistently with any general Act of the Parliament of the United Kingdom be constructed or maintained by a local harbour authority) ; or 30» (9) Coinage ; legal tender ; or any change in the standard of weights and measures ; or (10) Trade marks, designs, merchandise marks, copyright, or patent rights ; or Ej^v. 7. (11) Any of the following matters (in this Act referred to 35- c. 40. as reserved matters), namely — 1 & 2 Geo. 5. c. 16. 1 & 2 Geo. 5. (^(i) The general subject-matter of the Acts relating ^•^^- ^ to Land Purchase in Ireland, the Old Age Pensions '■ '• Acts, 1908 and 1911, the National Insurance Act, 1911, and the Labour Exchanges Act, 1909 ; 40- ( G ) c. 7. Notes to Clauses. 'Clause 2 — continued. The Clause does not prevent the Irish Parliament removing Ireland from the scope of the Trade Disputes and Workmen's Compensation Acts. [See Pari. Deb., May 15th, col. 1222.) The words of Sub-sectiou 7 — " except so far as trade may be affected by the exercise of the powers of taxation given to the Irish Parliament " — are necessarily occasioned by the new financial conditions of the measure. [See Clauses 15, 16, 17.) Sub-section (9) prevents the Irish Pailiament enacting that the notes of any specified bank in Ireland shall be legal tender to any par- ticular amount or for anv particular class of transaction or generallv. {See Pari. Deb., May 20th,"' col. 1534.) Sub-section (11) is new. For the possible future control of certain " reserved matters " see Clause 5. The rent-fixing provisions of the Irish Land Acts are not a reserved matter. (See Pari. Deb., April 25th, col. 1210.) The function of the Land Commission in respect of advances to local authorities for the provision of labourers' cottages out of the Land Purchase Fund is a reserved service. [See Pari. Deb., May 20th, col. 1534.) ^Collection of taxes (11 (6) ) includes land valuation under Finance Act, 1909-10 [see Pari. Deb.. Mav 16th, col. 1260), and the affixing of a receipt stamp. {See Pari. Deb., May 15th, col. 1116.)|!! ( - ) Page 3 of the Bill. (h) The collection of taxes ; (c) The Royal Irish Constabulary and the manage- ment and control of that force ; {(l) Post Office Savings Banks, Trustee Savings Banks, and Friendly Societies ; and 5 (e) PubUc loans passing of this Act . made in Ireland before the ' Provided that the limitation on the powers of the Irish Parliament under this section shall cease as respects any such reserved matter if the corresponding K^ reserved service is transferred to the Irish Government under the provisions of this Act. Any law made in contravention of the limitations imposed l)y this section shall so far as it contravenes those limitations, be void. ^^ Prohibition of laws interfering with religious equality, &c. 3. In the exercise of their power to make laws under this Act the Irish Parhament shall not make a law so as either directly or indirectly to establish or endow any religion, or prohibit the free exercise thereof, or give a preference, privilege, or advantage, or impose any disabiUty or disadvan- tage, on account of religious belief or reUgious or ecclesiastical status, or make any reUgious beUef or reUgious ceremony a condition of the validity of any marriage. 20 Any law made in contravention of the restrictions imposed by this section shall, so far as it contravenes those restrictions, 25 be void. Executive authority. Executive Power in Ireland. 4. (1) The executive power in Ireland shall continue vested in His Majesty the King, and nothing in this Act shall afEect the exercise of that power except as respects Irish services as defined 3Q. for the purposes of this Act. (2) As respects those Irish services the Lord Lieutenant or other chief executive officer or officers for the time being appointed in his place, on behalf of His Majesty, shall exercise any prero- gative or other executive power of His Majesty the exercise of o^ which may be delegated to him by His Majesty. (3) The power so delegated shall be exercised througli such Irish Departments as may be estabUshed by Irish Act ( 8 ) Notes to Clauses. 3. Prohibits the Irish Parliament dealing with certain subjects in specified ways of legislation : — (a) No religion may be established or endowed, directly or indirectly. (6) The free exercise of religion cannot be prohibited. (c) No preference, privilege or advantage can be given to any religion. (d) No disability or disadvantage can be imposed on account of religious belief, or religious or ecclesiastical status. {e) No religious belief or religious ceremony can be made a condition of any marriage. Of the prohibitions {d) and {e) the Prime Minister said : " These words are chosen specially to exclude the possibility — I have never thought it myself even a possibility — of legislation on the part of the new Irish Parliament to make any attempt to give effect to either of those recent Papal pronouncements which go by the name of the Ne Temere and Motu Proprio decrees ; in other words, to establish any privileged status of clerical persons before the tribunals of the country, or in any wav to interfere with the validitv of mixed marriages between persons of different religious beliefs." (Pari. Deb., April 11th, 1912, cols. 1406-7.) The extent to which these are in reality safeguards can be tested by their applicability to the action of certain County Councils limiting rate-aided scholarships to the National University. These prohibitions are concerned solely with legislation affecting religious equality. They are, even as concerns religion, ver}' much shorter than the restrictions on the powers of the Irish Legislature contained in Clause 4 of the amended Bill of 1893 ; moreover, they do not specifically restrict the Irish Parliament as the Bill of 1893 did the Irish Legislature in respect of many functions. Upon this point the Prime Minister said : " The Bill of 1893 con- tained, in its fourth clause, a number of restrictions upon the powers of the Irish Legislature, which we do not intend to repeat. We do not do so for the reason, which we think is a good and sufficient reason — (a) First of all that they were very vague in their terms. (6) Next because we believe them to be absolutely unnecessary so far as we can foresee the course of events. (c) Further, because they would give rise to infinite opportunity for litigation upon matters which are not very fit to be subject to the cognisance of the court of law ; and (d) Finally, because we believe that in so far as they were directed against real dangers, those dangers are amply provided against by the other safeguards provided in our Bill." (Pari. Deb., April 11th, 1912, col. HOG.) The necessity for a careful provision of safeguards is shown by the inclusion in this Bill of the additional provisions to cover the Xe Temere and Motu Propn'o decrees. In the case of the former referring to mixed marriages, provision is now found necessary, although in 1893 Mr. Glad- stone declined an amendment excepting maniage and divorce from the powers of the Irish Legislature. 4, An Act of the Irish Parliament determines the organisation of the Irish administration, the heads of the Departments of which become the Irish Ministers, holding office during the pleasure of the Lord Lieutenant, and being members of the Privy Council of Ireland and members of the Irish Parliament form the Irish " Cabinet " or Executive Committee. Provision is made by Sub-section (4) (c) for Ministers without portfolios. ( 9 ) Page 4 of the Bill. or, subject thereto, by the Lord Lieutenant, and the Lord Lieutenant may appoint officers to administer those Depart- ments, and those officers shall hold office during the pleasure of the Lord Lieutenant. (4) The persons who are for the time being heads of such Irish Departments as may be determined by Irish Act or, in the absence of any such determination, by the Lord Lieutenant, and such other persons (if any) as the Lord Lieutenant may appoint, shall be the Irish Ministers. Provided that — la (a) No such person shall be an Irish Minister unless he is a member of the Privy Council of Ireland ; and (6) No such person shall hold office as an Irish Minister for a longer period than six months, imless he is or becomes a member of one of the Houses of the 15 Irish Parhament ; and (c) Any such person not being the head of an Irish Department shall hold office as an Irish Minister during the pleasure of the Lord Lieutenant in the same manner as the head of an Irish Department 20 holds his office. (5) The persons who are Irish Ministers for the time being shall be an Executive Committee of the Privy Council of Ireland (in this Act referred to as the " Executive Committee "), to aid and advise the Lord Lieutenant m the exercise of his executive 25 power in relation to Irish services. (6) For the purposes oi this Act, " Irish services " are all pubhc services in connection with the administration of the civil government of Ireland except the administration of matters with respect to which the Irish Parhament have no power to 30 make laws, including in the exception all public services in connection with the administration of the reserved matters (in this Act referred to as " reserved services "). 5. (1) The pubhc services in connection with ihe adminis- tration of the Acts relating to the Royal Irish Constabulary 3,5 and the management and control of that force, shall by virtue of this Act be transferred from the Government of the United Kingdom to the Irish Government on the expiration of a period ( 10 ) Notes to Clauses. 5. The clause deals with the transfer to the Irish Parliament of certain " reserved services." Reserved services are (Clause 2(11)): (1) The general subject-matter of Acts relating to — (a) Land Purchase in Ireland. (6) Old Age Pensions Act, 1908 and 1911. (c) National Insurance Act, 1911. {d) Labour Exchanges Act. 1909. (2) The collection of Taxes. (3) The Roval Irish Constabulary. (■1) Post Office Savings Banks, Trustee Savings Banks, and Friendly Societies. (5) Public Loans made in Ireland before the passing of the Act. Of these services, in respect of — ( 1 ) (a) Land Purchase ; (2) Collection of Taxes ; (5) Public Loans ; no provision is made for their transference to the Irish Parliament by the Bill. In respect of — • (3) Royal Irish Constabulary there is an automatic transfer at the end of six years. In respect of — (1) (6) Old Age Pensions Acts, 1908 and 1911 ; (1) (c) National Insurance Act, 1911 ; or (1) (c) and {d) together — National Insurance Act, 1911 ; and Labour Exchanges Act, 1909 ; there is provision for transfer at any time not less than a year from a resolution being passed by both Houses of the Irish Parliament. In respect of — (4) Post Office Savings Bank, Trustee Savings Banks and Friendly Societies there is an optional transfer on a resolution of both Houses of the Irish Parliament : — (a) Subject to a time limit of ten years from the appointed day (September 2nd, 1913), before it can become operative. ( 11 ) Page 5 of the Bill. ol six years from the appointed day and those public services shall then cease to be reserved services and become Irish services. (2) If a resolution is passed by both Houses of the Irish Parliament providing for the transfer from the Government of the United Kingdom to the Irish Government of the following 5 reserved services, namely — {a) All public services in connection with the administration of the Old Age Pensions Acts, 1908 and 1911 ; or (h) All public services in connection with the administration of Part I. of the National Insurance Act, 1911 ; or 10 (c) All public services in connection with the administration of Part II. of the National Insurance Act, 1911, and the Labour Exchanges Act, 1909 ; or (d) All public services in connection with the administration of Post Office Savings Banks, Trustee Savings Banks, 15 and Friendly Societies ; the public services to which the resolution relates shall be transferred accordingly as from a date fixed by the resolution, being a date not less than a year after the date on which the resolution is passed, and shall on the transfer takmg efEect cease 20 to be reserved services and become Irish S3rvices : Provided that this pi'ovision shall not take efEect as respects the transfer of the services in connection with Post Office Savings Banks, Trustee Savings Banks, and Friendly Societies until the expiration of ten years from the appointed day. 25 (3) On any transfer under or by virtue of this section, the transitory provisions of this Act (so far as apphcable) and the provisions of this Act as to existing Irish officers shall apply with respect to the transfer, with the substitution of the date of the transfer for the appointed day, and of a period of five years 30 from that date for the transitional period. Irish Parliament, Summoning, 6. (1) There shall be a session of the Irish Parliament Ac, of Irish once at least in every year, so that twelve months shall not Parliament, intervene between the last sitting of the Parliament in one 35 session and their first sitting in the next session. (2) The Lord Lieutenant shall, in His Majesty's name summon, prorogue, and dissolve the Irish Parliament. ( 12 ) Notes to Clauses. Clause 5 — continued. (6) If passed after the ten years' period, subject to the provision by which the transfer takes effect at a date not less than a year after the passing of the resolution by both Houses of the Irish Par- liament. From the Prime Minister's speech it would appear that it is intended to provide by the Order in Council transferring the services a fm-ther period of six 'months during which depositors may decide whether or no to leave their deposits under the new conditions. He said : " In regard to the Post Office Savings Banks, after ten years there may be a transfer at the wish of the Irish Parliament, after an adequate notice— a notice of six months — which will enable all depositors who are so minded to make their arrangements accordingly." (Pari. Deb., April 11th, 1912, Col. 1405.) Since the general Postal services are under the control of the Irish Parliament, the Imperial Parliament, so long as it retained control of the Post Office Savings Banks, would have to establish a separate department and local organisation for Savings Bank purposes, unless a provision to meet this contingency were inserted. In the same manner with Old Age Pensions, both in respect of the duty of paving the pensions, which is undertaken by the Post Office, and in respect of the work of the supervising authority, the Local Government Board. The latter also is an Irish Department, and the Imperial Parlia- ment, without special provision, would have to establish an Old Age Pension Department, so long as the service was not transferred to the Irish Parliament. To obviate the necessity of establisliing new Imperial Departments in Ireland, there is a general provision in Clause 40 permitting any department of the Government of the United Kingdom to make arrange- ments for the exercise and performance on behalf of that department of any powers or duties of that department by officers of an Irish depart- ment. The responsibility of the department by which the arrangement is made is not to be diminished b_y any such arrangement. It would seem that the Post Office Savings Banks, although a reserved service, will be administered by the officers of the Irish Post Office ; and, in the same way, the Old Age Pensions Act, so long as it remains a reserved service, will be administered by the officers of the Irish Post Office, and the Irish Local Government Board. How under these conditions the United Kingdom departments can exercise control over Irish officials, as they must do if the responsibility is to be effective, without friction and with regard for efficiency is more than doubtful. The same problem presents itself in respect of the Congested Districts Board and the Land Commission. So far as their work concerns land purchase they are under Imperial control : other work in the case of the Congested Districts Board, and rent-fixing in the case of the Land Commission, is under the direction of the Irish Parliament. 6. (1) The wording is taken from Section (5 of the Commonwealth of Australia Act, 1900. (2) The term of office of the members of the nominated Senate is not afiected by a dissolution. {See Clause 8 (2).) The Australian Act, where the Senate, although not nominated, is elected for a fixed period of years, gives the Governor-General power to summon and prorogue Parliament " and dissolve the House of Representatives." { 13 ) Page 6 of the Bill. Royal aaseat 7. The Lord Lieutenant shall give or withhold the assent of to Bills of His Majesty to Bills passed by the two Houses of the Irish Irish Parha- Parliament, subject to the following limitations ; namely — meat. (1) He shall comply with an}' instructions given by His Majesty in respect of any such Bill ; and (2) He shall, if so directed by His Majesty, postpone giving the assent of His Majesty to any such Bill presented to him for assent for such period as His Majesty may direct. Composition of Irish Senate. 8. (1) The Irish Senate shall consist of forty senators 10 nominated as respects the first senators by the Lord Lieutenant subject to any instructions given by His Majesty in respect of the nomination, and afterwards by the Lord Lieutenant on the advice of the Executive Committee. (2) The term of office of every senator shall be eight 15 years, and shall not be afiected by a dissolution ; one fourth of the senators shall retire in every second year, and their seats shall be filled by a new nomination. (3) If the place of a senator becomes vacant before the expiration of his term of office, the Lord Lieutenant shall, imless 20 the place becomes vacant not more than six months before the expiration of that term of office, nominate a senator in the stead of the senator whose place is vacant, but any senator so nominated to fill a vacancy shall hold office only so long as the senator in whose stead he is nominated would have held 25 office. ... ( H ) Notes to Clauses. 7. As to the giving or withholding of assent to Hills passed by the two Houses of the Irish Parliament, in the Bill of 1893 the Lord Lieutenant acted " on the advice of the Executive Committee, subject nevertheless to any instructions given by Her Majesty in respect of any such Bill." By Clause 4 (5) of this Bill the Executive Committee " aid and advise the Lord Lieutenant in the exercise of his executive power in relation to Irish services." The Lord Lieutenant would presumably only give or withhold assent to Bills on the advice of the Irish Executive Com- mittee, subject to the two succeeding provisos. Assent is not in practice withheld by His Majesty to measures passed by the Imperial Parliament ; and Mr. Asquith stated that " No Minister would advise it." (Pari. Deb., Feb. 21st, 1911, col. 1743.) As to the practice in the self-governing Dominions, see Keith, " Responsible Government in the Dominions," Vol. II., pp. 1007-1020. Probably the Irish practice would conform to the custom of the Imperial Parliament. For Colonial cases of refusal or disallowance see House of Lords Paper (19()) of 1894 ; House of Commons Papers, 3C2 of 1901 and 184 of 1906. On the " limitations," see South Africa Act, Section 64. They would in both cases be exercised at the direction of the British Cabinet. {See Mr. Asquith's Speech, April 11th, col. 1407.) The power of reservation is common to colonial self-government {See British North America Act, 1867, Section 55 ; Commonwealth of Australia Act, 1900, Section 58 ; and South Africa Act, 1909, Section 64.) The power of reservation is not, it will be noticed, automatically applied to any particular class of Act, as is the case with the South Africa Act (Section 64). There is also no power of disallowance by the Imperial Parliament of laws to which the Lord Lieutenant has already given assent, as is the case in the British North America Act, Section 56 ; the Commonwealth of Australia Act, Section 59 ; and the South Africa Act, Section 65. This power is limited in the case of Canada to two years. South Africa and Australia to one year. In the Australia Act (Section 58) and the South Africa Act (Section 64) pov/er is given to the Governor- Greneral to return to the House in which it originated any Bill presented to him, and to transmit therewith any amendments wliich he may recommend, and the House may deal with the recommendation. Mr. Asquith claims that the two limitations contained in Sections 7 (1) and 7 (2) ; and the "over-riding force of Imperial legislation" as expressly recognised in Clause 41 reserves " complete!}' unimpaired, subject to the responsibility of the Executive here (at Westminster), the Imperial Parliament here (at Westminster) the power of vetoing or postponing anv legislation which the Irish Parliament mav pass." (Pari. Deb., April 11th, col. 1407.) 8. The provision for a " nominated " Senate probably caused the greatest surprise of any clause in the Bill ; but it was effusively welcomed by Mr. John Redmond. {See Pari. Deb., April 11th, cols. 1443-4.) It will be noticed that there is an entire absence of direction in respect of members of the Senate as to — (2) Residence. Residence in Ireland is apparently not a necessity. (3) Qualification of franchise. Registration as a voter is presumably not required. (4) Qualifications of property or interests in Ireland. (5) Disqualifications. Can other than British subjects be senators I { 15 ) Page 6 of the Bill — continued. Commons. Composition 9- (1) The Irish House of Commons shall consist of one of Irish hundred and sixty-four members, returned by the constituencies ^°J?!!.?1 in Ireland nanied'in the First Part of the First Schedule to this Act in accordance with that Schedule, and elected by the same 30 electors and in the same manner as members returned by constituencies in Ireland to serve in the Parliament of the United Kingdom. (2) The Irish House of Commons when summoned shall, unless sooner dissolved, have continuance for five years from 35 the day on which the summons directs the House to meet and no longer. (3) After three years from the passing of this Act, the Irish Parliament may alter, as respects the Irish House of { 16 ) Notes to Clauses. Clause 8 — continued. Indeed, all we know about membership of the Senate is that by Clause 12 (3) anv Peer, is qualitied for nomination ; and from Mr. Birrell's answer to Mr. Sandvs that Roman Catholic Bishops are not disqualified. (Pari. Deb., May 20th, col. 1534.) The oath of allegiance is apparently not required of Senators, although it is of the Irish House of Commons. {See Clause 12 (2).) There is apparently no power of removal for misconduct, or bankruptcy. No directions are inserted in respect of the due representation of minorities or districts. There need be no Unionist Senators ; no Senators representing Ulster opinion ; no Senators representing Belfast or qualified to speak for industrial interests. Qualification for the Senate will undoubtedly be loyalty to the Nationalist Party. It is hardly likely that when the United Irish League insists upon only its members being co-opted to local government councils, it will remove this condition in respect of the very much more important oflice of Senator. In other Parliaments political considerations invariably govern nominations. No provisions are inserted respecting — (1) A quorum. (2) Voting in the Senate. (3) Appointment of a President of the Senate. (4) Attendance, or automatic vacancy arising from continued absence. The powers of the Senate in respect of money Bills and Budgets are set out in Clause 10. Disagreements between the two Houses are dealt with in Clause 11. 9. The schedule provides for — Borough members ... ... ... 34 County members ... ... ... ... 128 University members ... ... ... 2 , 164 Having regard to the present division of parties, the Irish House of Commons is likely to consist of — Nationalists 125 Unionists ... ... ... ... ... 39 Nationalist majority 86 The first Irish House of Commons will be elected — (a) On the same electorate, (b) On the same electoral laws, as apply in the case of Irish elections now to the House of Commons at Westminster. But the second Irish House of Commons may be elected uuder an Irish Act which has — (1) Altered the franchise, perhaps to include women ; (2) Changed the laws of elections ; (3) Redistributed the seats ; But— (a) The number of members of the Irish House of Commons cannot be increased or diminished. (b) Distribution must be carried out with due regard to the popu- lation of constituencies other than University constituencies. The provision relating to University constituencies is not very clear. Under the Bill (Schedule 1) there is only one University constituency — ( 17 ) Page 7 of the Bill. Commons, the qualification of the electors, the mode of electicm, the constituencies, and the distribution of the members of the House among the constituencies, provided that in any new- distribution the number of the members of the House shall not be altered, and due regard shall be had to the population of the constituencies other than University constituencies. Money Bill?. 10. (1) Bills appropriating revenue or money, or imposing taxation shall originate only in the Irish House of Commons, but a Bill shall not be taken to appropriate revenue or money, or to impose taxation by reason only of its containing provisions 10 for the imposition or appropriation of fines or other pecuniary penalties, or for the payment or appropriation of fees for licences or fees for services under the Bill. (2) The Irish House of Commons shall not adopt or pass any resolution, address, or Bill for the appropriation for any purpose 15 of any part of the public revenue of Ireland or of any tax, except in pursuance of a recommendation from the Lord Lieu- tenant in the session in which the vote, resolution, address, or Bill is proposed. (3) The Irish Senate may not reject any Bill which deals 20 only with the imposition of taxation or appropriation of revenue or money for the services of the Irish Government, and may not amend any Bill so far as the Bill imposes taxation or appropriates revenue or money for the services of the Irish Government, and the Irish Senate may not amend any Bill so 25 as to increase any proposed charges or burden on the people. (4) Any Bill which appropriates revenue or money for the ordinary annual services of the Irish Government shall deal only with that appropriation. Disagree- ment be- tween two Houses of Irish Parlia- ment. 11. (1) If the Irish House of Commons pass any Bill and the Irish Senate reject or fail to pass it, or pass it with amendments to which the Irish House of Commons will not agree, and if the Irish House of Commons in the next session again pass the Bill with or without any amendments which have been made or agreed to by the Irish Senate, and the Irish Senate reject or fail to pass it, or pass it with amendments to which the Irish House of Commons will not agree, the Lord Lieutenant may during that session convene a joint sitting of the members of the two Houses. 30 (2) The members present at any such joint sitting may 40 deliberate and shall vote together upon the Bill as last proposed by the Irish House of Commons, and upon the amendments (if ( 18 ) Notes to Clauses. Clause 9 — continued. Dublin. Apparently it may be added to by including representatives of the National University or Belfast University, always having regard to the provision that the number of members of the Irish. House of Commons must not be changed. Still subject to this condition, University representation can be abolished altogether or changed {i.e., Dublin University could be deprived of one or both members in favour of the National University). The provision relating to University representation, not being con- ditional upon population, is not at all clearly expressed. University constituencies have no " population " ; apparently what is intended is that on any new distribution of seats on a basis of population by the division of members into population, the quaUfying number shall be arrived at by dividing into the population not the full number of members, but the number less the University representation, if any. There is, of course, no restriction on a provision in the new franchise Bill abolishing Plural Voting ; and this would profoundly affect University representation. There is no provision in the Bill in respect of the election of a Speaker or Deputy-Speaker of the Irish House of Commons. 10. The Commonwealth of Australia Act, 1900, Sections 53-56, has been followed here ; but there is no provision enabling the Senate to return to the Irish House of Commons Bills which it may not amend, requesting, by message, the omission or amendment of any items or provisions therein. There is no declaratory section to the effect that except as provided in Clause 10, the Senate shall have equal power v.ith the Irish House of Commons in re.spect of all proposed laws. 11. The provision for a joint sitting in the following session in. cases of disagreement between the two Houses is not of great value except the majority in the Irish House of Commons be very small, since the members of the lower House considerably exceed in numbers the members of the Senate. The figures are — House of Commons ... ... ... 164 Senate 40 204 There is a provision for a joint sitting in the Australian Act. but in this case the numbers of the two Houses are 36 in the Senate and 75 in the House of Representatives. The deliberations may be together ; the voting nmst be together. The amendments and the Bill are passed not by an absolute majority of the total numbers of the members of both Houses, but by a majority of the total number of the members of both Houses present at the sitting. Further, since it is not a majority of those voting, the provision necessitates some official record of those present. The convening of a joint sitting lies in the power of the Lord Lieu- tenant, who would apparently be within his right in declining to convene it, immediatelv before a General Election, if he thought the opinion of the country should be tested first. If the Imperial Executive direct him, he would of course postpone -living assent to Bills passed as a result of a joint sitting. (Clause 7 (2).) ( IP ) Page 8 of the Bill. any) which have been made therein by the one House and not agreed to by the other ; and any such amendments which are affirmed by a majority of the total number of members of the two Houses present at the sitting shall be taken to have been carried. (3) If the Bill with the amendments (if any) so taken to have been carried is affirmed by a majority of the total number of members of the two Houses present at any such sitting, it shall be taken to have been duly passed by both Houses. Privileges, I2^ ^1) fl^g powers, privileges, and immunities of the Irish 10 Tttl «^„' ^t Senate and of the Irish House of Commons, and of the members tlOnS, &C., 01 iri • fTT-1-1 IIT'TTT members of and of the committees of the Irish benate and the Irish House Irish Parlia- of Commons, shall be such as may be defined by Irish Act, but ^^^i- so that they shall never exceed those for the time being held and enjoyed by the Commons House of Parliament of the United 15 Kingdom and its members and committees, and, until so defined, shall be those held and enjoyed by the Commons House of Parliament of the United Kingdom, and its members and committees at the date of the passing of this Act. (2) The law, as for the time being in force, relating to the 20 qualification and disqualification of members of the Commons House of Parliament of the United Kingdom, and the taking of any oath required to be taken by a member of that House, shall apply to members of the Irish House of Commons. (3) Any peer, whether of the United Kingdom, Great 25 Britain, England, Scotland, or Ireland, shall be qualified to be a member of either House. (4) A member of either House shall be incapable of being nominated or elected, or of sitting, as a member of the other House, but an Irish Minister who is a member of either House 30 shall have the right to sit and speak in both Houses, but shall vote onlv in the House of which he is a member. (5) A member of either House may resign his seat by giving notice of resignation to the person and in the manner directed by standing orders of the House, or if there is no such direction, by 35 notice in writing of resignation sent to the Lord Lieutenant, and his seat shall become vacant on notice of resignation being given. (6) The powers of either House shall not be afiected by any vacancy therein, or b}" any defect in the nomination, election, or 40 qualification, of any member thereof. 20 ) Notes to Clauses. 12. The Sub-section respecting the " powers," &c., of members of the Irish Parliament is usual. The following are disqualified for the " Commons House of Parlia- ment of the United Kingdom" : — Infants. Persons guilty of corrupt practices Lunatics or Idiots. ^t a Parliamentary election. Clergy of the Roman Catholic ^Ji^i^s. Church. PJei'gy- Judges. Ministers of the Church of Scotland. „ ,, , . „ ,r. 1- Returning Officers for the places Holders of certain offices {See list ^^^^^^ ^^ ^^^ ^^ ^^^^^^ ^^^ ^^^^, m ' Anson s Law and Custom of ^^^^^ ^^ ^e made. the Constitution.) Government Contractors. Pensioners of the Crown (but not Persons convicted of treason or Civil Service and Diplomatic felony, and not pardoned, or not Pensioners). having served term of punish- Bankrupts. ment. Peerage is a disqualification for the House of Commons at West- minster ; but is not a disqualification for the Irish Parliament. (Sub- section 3.) The present oath required of tbe House of Commons is as follows : — " I do swear that I will be faithful and bear true allegiance to His Majesty King George, his heirs and successors, according to law. So help me God." (4) This provision giving Irish Ministers the right to speak in both Houses IS not uncommon in colonial and foreign constitutions. (7) The provision requires re-election on appointment to the Ministry unless the new post be in succession to a Ministerial post. There is con- siderable feeling against compulsory re-election on appointment to the Ministry ; and proposals have been made at Westminster for abolishing the practice of re-election. No pro\asion is inserted in respect of the pa}'ment of members, the decision being left to the Irish Parliament. ( 21 ) Page 9 of the Bill. (7) His Majesty may by Order in Council declare that the holders of the offices in the Irish Executive named in the Order shall not be disqualified for being members of either House of the Irish Parliament by reason of holding office under the Crown, and except as otherwise provided by Irish Act, the Order shall have effect as if it were enacted in this Act, but on acceptance of any such office the seat of any such person in the Irish House of Commons shall be vacated unless he has accepted the office in succession to some other of the said offices. Irish Representation in the House of Commons. 10 Kepresenta- tion of Ireland in the House of "Commons of the United Kinofdom. 13. Unless and until the Parliament of the United Kingdom otherwise determine, the following provisions shall have efiect : — (1) After the appointed day the number of members returned by constituencies in Ireland to serve in the Parliament of the United Kingdom shall be forty-two and the 15 constituencies returning those members shall (in lieu of the existing constituencies) be the constituencies named in the second Part of the First Schedule to this Act, and no University in Ireland shall return a member t4> the Parliament of the United Kingdom. 20 (2) The election laws and the laws relating to the qualification of parliamentary electors shall not, so far as they relate to elections of members returned by con- stituencies in Ireland to serve in the Parliament of the United Kingdom, be altered by the Irish 25 Parliament, but this enactment shall not prevent the Irish Parliament 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 His Majesty by Order in Council to arrange for the 30 issue of any such writs, and the writs issued in pursuance of the Order shall be of the same effect as if issued in manner heretofore accustomed. Finance. Irish revenue and expenditure. 14. (1) There shall be an Irish Exchequer and an Irish 35 Consolidated Fund separate from those of the United Kingdom. (2) The proceeds of all taxes levied in Ireland, whether under the authority of the Parliament of the United Kingdom or of the Irish Parliament, shall be paid into the Exchequer of the United Kingdom, hut subject as herein-after provided, there 4() shall he charged on and paid out of the Consolidated Fund of ( 22 ) Notes to Clauses. 13. The clause provides for Irish represeutation in the Imperial Parliament after the Act is in force. The election laws and the franchise laws for the election of Irish representatives at Westminster will be those of the United Kingdom and not those of the Irish Parliament. The present representation at Westminster of Ireland is 103. It was fi.xed bv the Act of Union at 100 ; was increased in 1832 to 105 ; and decreased to 103 in 1885. The 103 members comprise : — Counties ... ... ... ... ... 85 Boroughs ... ... ... ... ... K> Universities ... ... ... ... 2 103 By this clause they are fixed at 4:2 — a member for every 100,0()0 of the population, divided as follows : — Counties ... ... ... ... ... 34 Boroughs ... ... ... ... ... 8 42 There will be no University representation. The constituencies are enumerated in Schedule 2. Of this number, Mr. Asquith estmiates that 34 will be Nationalists and 8 Unionists. (Pari. Deb., April 11th, Col. 1418.) The Home Rule Bill of 1886 provided no Irish representation at Westminster. The Bill of 1893 provided for 80 as follows :— Counties ... ... ... ... ... G4 Boroughs ... ... ... ... ... 16 80 No change is made in the number of Irish representative peers. The Bill of 1886 turned them out of the Irish House of Lords ; that of 1893 left them untouched. The 42 Irish representatives at Westminster will sit and vote for all purposes, as the 80 representatives were to sit and vote in the amended Home Rule Bill of 1893. Mr. Asquith claims that the reduction of Irish members to 42 makes the question of their interference in English and Scottish affairs of " much less practical importance," (Pari. Deb., April 11th, cols. 1418-9). But it is not established by Parliamentaiy history, to whatever extent it may hold in respect of the last 25 vears, when majorities have been large except for the peiiod 1892-95. Thtre is no right to assume that majorities at Westminster may not again be small. It should be noticed that the 42 Irish members at Westminster will be increased whenever the financial provisions of the Act require re\'ision by a delegation of members of the Irish House of Commons. The delega- tion will be of such numbers as will make, with the 42 Irish representatives already there, an Irish representation equivalent to the representation of the United Kingdom on a basis of population. (Clause 26 (3).) ( 23 ) Page 10 of the Bill. (lie United Kingdom or the grotving produce thereof in each year to the Irish Exchequer a sum {in this Act referred to as " the Transferred Sum ") consisting of — (a) Such sum as may be determined by the Joint Exchequer Board established under this Act {herein-after referred to as the Joint Exchequer Board) to represent the net cost to the Exchequer of the United Kingdom at the time of the passing of this Act of Irish services ; and {b) A sum of five hundred thousand pounds, diminishing in each year after the third year of payment by the 10 sum of fifty thousand pounds until it is reduced to the sum of two hundred thousand pounds : and (c) A sum equal to the proceeds as determined by the Joint Exchequer Board of any Irish taxes imposed in Ireland by the Irish Parliament under the powers 15 given to them by this Act. (3) Provision shall be made by the Irish Parliament for the cost of Irish services within the meaning of this Act, and any charge on the Consolidated Fund of the United Kingdom for those services, including any charge for the benefit of the 20 Local Taxation (Ireland) Account, or any grant or contribution out of moneys provided by the Parliament of the United Kingdom so far as made for those services shall cease, and money for loans in Ireland shall cease to be advanced either by the Public Works Loans Commissioners or out of the Local 25 Loans Fund. ( 24 ) Notes to Clauses. 14. (1) This provision of a separate Irish Exchequer and Consolidated Fund follows the Bill of 1893. In the Bill of 1886, Section 12 (2) set up an Irish ConsoUdated Fund only. (2) The scheme of the Bill is to provide for the payment into the Imperial Exchequer of the proceeds of all taxes {i.e., not postal revenues, Crown lands, monopoly revenues, &c.), and out of this there must be paid the full transferred sum without any deductions for cost of collection even of Insh taxes. The words " subject as hereinafter provided " refer to the various charges on the transferred sum {e.q., pensions to civil servants, arrears of land purchase annuities, loss on flotation of Irish Land Stock, &c.), by which the amount actually paid to the Joint Exchequer Board is to be diminished. The effect of the words " paid out of the Consolidated Fund " is to withdraw the control of this payment from Parliament, whose only occasions for discussing the question would be (1) the Imperial Finance Bill and (2) the ConsoUdated Fund Bill, The Transferred Sum. — At the beginning the transferred sum is practically the cost of the transferred services, plus the loss on postal services in Ireland, plus a cash grant of £500,000. The amount of the transferred sum in 1912-13 is thus estimated by the Treasury (Cd. 615i) : — Transferred services . . . . . . . . £5,462,000 Post Office deficit 246,000 Cash grant 500,000 6,208,000 Less collected by Irish Exchequer on account of Fee Stamps 81,000 Transferred sum £6,127,000 This sum is to be increased in later years as follows : — (a) By transfer, after six years, of the Constabulary. {h) By transfer, at option of Irish Parliament, of transferable services initially reserved, e.g., old age pensions, insurance, &c. (f) By the proceeds of taxes imposed by Irish Act. At the same time the transferred sum is subject to reduction on account of any diminution in the proceeds of Imperial taxes in Ireland arising from their reduction, discontinuance or modification by Irish Act, and also by the reduction of the cash grant after three years. It is important and necessary to distinguish between transferred sum and the sum actually transferred to the Joint Exchequer Board, in the first instance, and to the Irish Exchequer. The Treasury will deduct, from the transferred sum, the following items : — (1) Any charges which under the Land Purchase Acts, such as loss in flotation of land stock, arrears in annuities, &c., fall now on the Guarantee Fund (Clause 18). (2) Any deficit arising out of the management of the Irish Church Temporahties Fund (Clause 20). (3) Irish share (£5,000) of Lord Lieutenant's salary (Clause 23). (4) Salaries and pensions of all existing judges and estabUshed Irish civil servants (Clause 32). (5) Superannuation and other allowances to all unestablished Irish civil servants at the time of the passing of the Act (Clause 33). (6) Pensions to Constabulary, even after transfer (Clauses 35 & 37) (4). The aggregate of these charges must be very considerable, and the amount paid over to the Joint Exchequer Board must be, therefore, correspondingly diminished. ( 25 ) Page 10 of the Bill — continued. Powers of 15, (1) The Irish Parliament shall have power to vary Irish Pariia- (either by way of addition, reduction, or discontinuance) any respect^to^ Imperial tax so far as respects the levy of that tax in Ireland, taxation. and to impose in Ireland any independent tax not being in the 30 opinion of the Joint Exchequer Board substantially the same in character as an Imperial tax, subject to the following limita- tions : — {a) The Irish Parliament shall not have power to impose or charge a Customs duty, whether an import or 35 an export duty, on any article unless that article is for the time being liable to a Customs duty levied as an Imperial tax ; and {h) The benefit to accrue to the Irish Exchequer from any addition to any Customs duty levied as an 40 Imperial tax (other than a Customs duty on beer ( 26 ) Notes to Clauses. Clause 14 — continued. This reduced sum will initially be paid over to the Irish Exchequer by the Joint Exchequer Board. If and when any loan is raised by the Irish Government on the security of the transferred sum, the Board may reduce this sum still further by the cost (interest, sinking fund and management) of the service of this Irish Department. When the balance of the transferred sum reaches the Irish Treasury, the Irish Parliament must provide out of this fund for those payments for Irish services previously paid out of the Consolidated Fund of the United Kingdom. These include the Local Taxation Grants in Aid, the Ireland Development Grant, &c. It should be further noted that there is no catalogue of Irish services in the present Bill, and in general there is no necessity for the Irish Govern- ment to continue those services on account of which payment is included in the transferred sum. There is nothing in the Bill corresponding to the third schedule of the Bill of 1893, w^hich set out the items of Imperial Expenditure and by implication defined Irish expenditure. The necessity for such a schedule in the present Bill is evident from the fact that whereas in 1893, savings banks and friendly societies were included under Imperial, services, they are in the present Bill regarded as Irish services, initially reserved but which may be transferred to the Irish Parliament. There is also no check on the powers of the Irish Government to discontinue or curtail the services in respect to which a full payment is received from the Imperial Exchequer. 15. (1), L. 30. "Any independent tax not being in the opinion of the Joint Exchequer Board substantially the same in character as an Imperial tax." This power must lead to much friction between the two Parliaments and the Exchequer Board. " Independent tax " clearly means any tax which cannot be derived by mere addition to or reduction of an Imperial tax. These " independent taxes " are next limited to such as are not " substantially the same in character as an Imperial tax." The qualifying words " in character " and " substantially " are much too vague and indefinite to lead to any precise interpretation. Are all food taxes the " same in character " ? Their incidence is much the same, at any rate. Is a licence duty the same in character as a beer and spirit duty ? In conceivable cases the incidence of two classes of duty might be identical. Is a business tax, such as exists in many coun- tries, the " same in character " as an income tax on profits ? The ingenuity of the Irish Chancellor of the Exchequer will be constantly exercised to discover duties he believes not the same in character as an Imperial tax. Before it is imposed, and presumably after it has been introduced into the Irish House of Commons, the Joint Exchequer Board will be called on to certify that the proposed tax is not the same in character, or not sub- stantially the same in character as an existing Imperial tax. What is to be the principle guiding them to a decision I Is it to be that the incidence must be substantially different, or that the revenue from Imperial taxes is not to be prejudiced by the Irish tax I (]) (a) This paragraph limits the power of the Irish Parliament in respect of Customs duties to varying the rates on articles " for the time being " liable to an Imperial Customs duty. They can raise, reduce or discontinue an Imperial Customs duty ; but as soon as that duty is discontinued by Imperial Act, the Irish Parliament would have no powei- to continue or to reimpose this duty. Another effect of this paragraph is to tie the Irish Parliament to the same interpretation of the policy of "customs for revenue only" as- ( 27 ) Page 11 of the Bill. or spirits), or to any duty of income tax so levied, or to any death duty so levied, shall be limited as in this Act provided ; and (c) The power of the Irish Parliament to vary an Imperial tax shall not be exercised with respect to the stamp duties mentioned in the Second Schedule to this Act ; and {d) The Irish Parliament shall not, in the exercise of their powers of taxation under this provision, make any variation of Customs or Excise duties the effect 10 of which will be to cause the Customs duty on an article of a class produced, prepared, or manu- factured in Ireland, to exceed the Excise duty by more than an amount reasonably sufficient to cover any expenses due to Excise restrictions ; 15 and the power of the Irish Parliament to make laws includes a power to make laws for the purpose of giving effect to their powers of taxation under this provision. (2) For the purposes of this Act — (a) The expression " Imperial tax " means any tax charged -^0 for the time being in Ireland under the authority of the Parliament of the United Kingdom, and includes a tax which has been discontinued under the powers given by this section to the Irish Parlia- ment, but which would have been so charged but 25 for the discontinuance ; (h) The expression " Irish tax " means any tax charged under the authority of the Irish Parliament, either by way of an addition to an Imperial tax or as an independent tax. 30 Relations |6 (j) 4ny articles which are brought into Great Britain Gre^t^^ from Ireland or into Ireland from Great Britain shall be deemed Britain and to be articles exported or imported for the purposes of informa- Ireland as tion to be furnished under the Customs Consolidation Act, 1876, respects ^nd section four of the Revenue Act, 1909, a^id for the purpose 35 and Excise °^ ^'^^' duty or drawback payable in the circumstances for which duties. provision is made under this section, but not for any other 39 & 40 Vict, purpose. • c. 36 ; 9 Edw. 7. c. 43. (2) Where a Customs duty is levied in one country and not in the other, or is levied in both countries but at a higher rate 40 in the one country than in the other, duty shall be charged and ( 28 ) Notes to Clauses. Clause 15 — continued. may be regarded suited to the conditions of Great Britain. They could not put dut'es on corn, timber, meat, dairy produce even to a non- protective or merely revenue-producing level ; but as soon as these duties are imposed by the Imperial Parliament it would be possible for the Irish Parliament to increase the rates. It is clearly the main purpose of this paragraph to prevent the re-creation of Customs barriers after they have been removed bv the British Parliament. (1) {b) The words " limited as in this Act pro\nded " refers to the special provision of Clause 17 (3). Generally it may be said that having secured by this clause that the Customs duties which might be imposed in Ireland shall not be protective, there is no logical ground for limiting the possible increase to a 10 per cent, yield. If the Irish Parlia- ment should regard a 20 per cent, increase in tea or sugar duties favourably, why should they be prevented from doing so ? They can injure no British interest. (1) (d) This paragraph prohibits the adoption of a protective tariff system in Ireland. Where the duty on an article subject to both Customs and Excise duties is varied by Irish Act, the difference between the Customs and Excise rates is Hmited to the " reasonably sufficient " allowance of the cost to which the manufacturer is subjected by the excise regulations. This is, of course, the system at present in force in the United Kingdom ; but the paragraph is rigid in its appUcation and would restrict the Irish Parliament from abandoning the Free Trade tariff system even if the Imperial Parhament should abandon it for Great Britain. This was admitted by Mr. Lloyd George in his reply to a question by Mr. Hewins. The words " reasonably sufficient " are again indefinite. Legitimate differences of opinion may easily be held. Such differences of opinion are even now held in some quarters regarding the excess of 4d. per gallon in the Customs over the Excise duty on spirits. Further, who is to determine whether a given excess of Customs duty is reasonably sufficient or not ? Is it the British Treasury or the Irish Treasury ? Is the decision to be based on British or Irish experience ? And if the Joint Exchequer Board are to decide, on what principle must thev reach their decision ? 16. (1) The words " brought into " are used in this section instead of " imported into," because imports and exports have definite significations and legally apply only to goods coming from or destined for countries outside the United Kingdom. The existing law relating to the collection of information as to imports and exports, and as to the payment of customs and drawbacks is, by this sub-section, applied to goods passing between Great Britain and Ireland. Sugar passing from Glasgow to Dublin, or tobacco from Belfast to Livei-pool will be subjected to all the difficulties of the existing law as they would apply if these goods came direct from Germany or the United States. If a drawback is payable, the drawback will have to be claimed before the consignment leaves the first port. If a Customs duty is payable, the Customs duty will have to be paid again on reaching the second port. As some time may elapse before the draw- back due and claimed at the first port is paid, the merchant or broker may find he has to submit three statements or particulars and lock up capital equal to the duty. For example, in the case of every ton of sugar entering London he would pay 36s. 8d. duty and fill up the import forms. On despatching to an Irish port he would claim drawback and fill up a drawback claim. On reaching an Irish port he would again pay 36s. 8d. ( 29 ) Page 12 of the Bill. drawback allowed in respect of articles being articles produced, prepared, or manufactured abroad as follows : — (a) The Customs duty shall he charged on any such articles brought into the one country from the other country as if they were articles imported from abroad, except 5. that in the case of articles produced abroad hut manufactured, or prepared in the country from which they are sent, the Customs duty charged shall, if the drawback which would he allowed on the exportation of similar articles from the country into which the IQ articles are brought is less than the duty payable on importation, be a duty equal to the drawback : and (b) A drawback shall be allowed on any sucb articles sent from the one country into the other equal to the drawback which would be allowed upon the expor- 15 tation of the articles from the country from which they are sent. (3) Where an Excise duty is levied in one country and not in the other, or is levied in both countries but at a higher rate in the one country than in the other, duty shall be charged and 20 drawback allowed in respect of articles being articles procluced, prepared, or manufactured in either country as follows : — (a) A Customs duty shall he charged on any such articles brought into the one country from the other country as if they ivere articles imported from abroad, equal 25 to the amount of the Excise duty levied in the country into which they are brought : and (b) A drawback shall be allowed on any such articles sent from the one country into the other equal to the amount of the Excise duty levied in the country from 30 which they are sent. (4) The proceeds of any Customs duty charged under this section in Ireland on any article shall to the extent to which they exceed the proceeds of the Customs or Excise duty which would have been charged on the article in Great Britain be 35 deemed to be the proceeds of a Customs duty levied as an Irish tax, if the duty is charged in respect of a difierence of Customs duties, and be deemed to be the proceeds of an Excise duty levied as an Irish tax if the duty is charged in respect of a difference of Excise duties, and as to the balance be deemed 49 to be the proceeds of an Imperial tax. { 30 ) Notes to Clauses. Clause 16 — continued. or such other sum as may have been fixed by Irish ParUameut and a further form would have to be filled up. (2) The working of this sub-section was explained by the Prime Minister on May 9th in reply to a question by Mr. G. Touche, bA' the follow- ing concrete example : — I will .st'li'ct tobacco which is imported in the raw leaf from abroad and manufactured in the United Kingdom, and aWII assume that the tobacco duties and drawbacks in Ireland are reduced to the rates prevailing before the 1909 Budget, while remaining as at present in Great Britain. The principal duties and drawbacks would then be as follows : — Ireland. Great Britain. Impout Duties — Raw Leaf (unstripped) Foreign cigars ... ... ... (i 7 Foreign cigarettes ... ... ... 4 10 5 8 Other foreign manufactured tobacco s. d. 3 (i 4 10 3 10 3 5 3 4 3 3 Drawbacks on Tobacco Manufac- tured IN THE United Kingdom : Cigars ... ... ... ... 3 5 4 Cigarettes 3 4 4 1 Other manufactured tobacco ... 3 3 4 U These rates of drawback are allowed on tobacco containing 14 per cent, of moisture, and are increased or lowered proportionately if the tobacco contains less or more than 14 per cent. It is assumed for the purposes of this answer that the tobacco contains 14 per cent, of moisture. In the circumstances assumed, cigars, cigarettes and other tobacco if manufactured in Great Britain and brought to Ireland would, under Clause 16 (2) (6) receive drawback on being sent from Great Britain, of 4s. 2d., 4s. Id., and 4s. per pound respectively, and would, under Clause 16 (2) (a) be charged, on being brought into Ireland, a Customs Duty of 3s. 5d., 3s. 4d., and 3s. 3d. If manufactured in Ireland and brought to Great Britain they would, under Clause 16 (2) {b), receive a drawback on being sent from Ireland of 3s. 5d., 3s. 4d., and 3s. 3d. per pound, respectively, and would be charged on being brought into Great Britain a Customs Duty of is. 2d., 4s. Id., and 4s. per pound respectively. The case chosen is one in v/hich the drawback is less than the import duty. The following transactions occur under the sub-section. The tobacco (raw) on importation into Great Britain would pay duty of 3s. 8d. a pound. On being manufactured into (say) cigarettes and sent to Ireland, a drawback of 4s. Id. a pound will be due. If the duties in Ireland are the same as before the 1909 Budget, the duty chargeable on bringing these cigarettes into the country will be the same as the drawback payable on exporting similar cigarettes for Ireland, i.e., 3s. 4d. a pound. There will thus be three sets of declarations, three sets of examination of goods, three financial transactions, two payments of duty and one refund. It is not clear what is to be the machinery in the event of duties being the same in both countries ; or, as appears not impossible — seeing that the drawbacks may be calculated by the Irish Treasury on a different basis from that adopted by the British Treasury — the drawbacks being fixed at a different level, while the import duties are the same. Thus it might readily happen that the estimate of an Irish Treasury as to the drawback on cigars appropriate to a given import duty on tobacco might differ from that of the Imperial Treasury. If it is contemplated that where, however, the duties and drawbacks in the two countries are identical the payment of import duty in one country shall be a quit- tance of further liabihty in the second country, why should not a similar arrangement hold where the duties are different. In the foregoing case ( 31 ) Notes to Clauses. Clause 16 — continued. quoted by the Prime Miiiister, if raw leaf tobacco is sent from Ireland to England, the English Importer should only be called on to find the additional 8d. a pound ; and contrariwise the Irish Importer should be permitted to claim a refund of 8d. a pound. Consider also the case where, under the C4overnment scheme, the duties being the same are suddenly varied by the Irish Budget. Imme- diately on the passing of the empowering resolutions, instructions would have to be given to the Imperial officers to collect duties where such collection was not previously necessary. New bonding and warehousing arrangements would have to be suddenly improvised by the Imperial Government as responsible for the collection of revenue. (3) This sub-section is differentiated from the immediately preceding one by its reference in the first case to goods " produced, prepared or manufactured abroad," and in the second case to goods '' produced, prepared or manufactured in either country." In the second case the Import duty into either country is equal to the Excisa duty or drawback in that country. Thus the Import duty on foreign spirits into Great Britain would be 15s. Id. per gallon, but on Irish spirits it Avould be equal to 14s. 9d., that being the Excise and drawback rates. (4) The exact interpretation of this sub-section is difficult and im- portant. The Postmaster-General and Mr. A. Chamberlain have already given it different renderings. Its importance rests on the fact that according to its interpretation the amount of the Transferred Sum will be ultimately decided. In the last resort the question to be determined is whether for every unit on which the duty is collected the shares due respectively to Irish and British taxes are to be allotted ; or whether regard is to be had to the total proceeds of Imperial taxes in Ireland, and this sum to be taken as a first charge on the proceeds of the double tax. Suppose 240 lbs. of tea to be imported when the duty is 5d. and 220 lbs. when the duty is 6d. The proceeds of the Imperial tax when there was no Irish duty would be £5. When the additional duty of Id. was imposed the respective proceeds of the Imperial and Irish taxes would be as follows on each of the two hypotheses : Imperial. £ s. d. HAT)othesis (1) .. .. 4 13 4 (2) .. ..500 In the former case the Imperial Exchequer would lose 6s. 8d. by reason of the Irish duty ; in the second case the Irish Exchequer would gain only 10s. from a 20 per cent, increase of duty. The hardship to the Irish Exchequer is the greater because, as has been pointed out by Mr. Steel Maitland in the National Review (June, 1912), the Irish consumer who is driven from tea may take to coffee, cocoa, or other dutiable beverage for the increased consumption of which only the Imperial Exchequer, and not at all the Irish Exchequer, will benefit. On the first hypothesis a further diflSculty will arise m the determination of the consumption of any dutiable commodity if the tax had not been varied by Irish Act. Irish. Total. s. d. £ s. d. 16 8 . . 5 10 10 . . 5 10 ( 33 Supple- mental pro- visions as to Transferred Sum and Irish Page 13 of the Bill. (5) Nothing in this section shall aSect any enactment under which, articles deposited in a bonded warehouse \\ithout payment of duty may be transferred from one country to the other country. 17. (1) The Transferred Sum shall be paid to the Irish ^ Exchequer at such times and in such, manner and according to such regulations as the Joint Exchequer Board may direct. (2) In the event of the reduction or discontinuance of any Imperial tax by the Irish Parhament, the Transferred Sum shall be reduced in each financial year by such sum as may be 1^ determined by the Joint Exchequer Board to represent the amount by which the proceeds of the tax are diminished in that year in consequence of the reduction or discontinuance. (3) If in any financial year the proceeds of any Irish tax imposed as an addition to any Customs duty levied as an !•> Imperial tax (other than a Customs duty on beer or spirits), or to any duty of Income Tax so levied, or to am' death duty so levied, exceed one-tenth of the proceeds in Ireland of that duty as levied as an Imperial tax for the same period, the amount of the excess shall not be treated for the purposes of 20 this Act as part of the proceeds of the Irish tax, and the amount payable to the Irish Exchequer in respect of the proceeds of the Irish tax shall be reduced accordingly . Provided that — (a) For the purposes of this provision, the proceeds of 25 any tax shall be deemed to be the proceeds as determined by the Joint Exchequer Board : and (6) The foregoing provision shall not apply in cases where the excess is solely due to the reduction of the rate of the Imperial tax. 30 (4) When any reserved service is transferred from the Government of the United Kingdom to the Government of Ireland, the Transferred Sum shall he increased hy such sum as may be determined hy the Joint Exchequer Board to represent the equivalent of any saving to the Exchequer of the United 35 Kingdom hy reason of the transfer, and in determining that equivalent regard shall he had to the prospect of any increase or decrease in the cost of that service which may he expected to arise from causes not being matters of administration. The sum by which the Transferred Sum is to be increased 40 in pursuance of this provision may be fixed by the Joint Exchequer Board so as to vary during the first ten years after the transfer, but subject thereto shall be a definite sum. { 34 ) Notes to Clauses. 17. (2). The Transferred Sum is diminished only when the proceeds of the tax are diminished in consequence of the reduction or discontinuance of the Imperial tax by Irish Act. Where the yield of a tax is variable, it must be difficult to determine to the satisfaction of all parties what the yield would have been if the original tax had been in full force. And this difhculty must grow greater with time. After ten years the probable error will be considerable and yet the loss of revenue must be determined for " each financial year." (3) This is the provision referred to in 15 (1) (b) hmiting the power of the Irish Parliament to increase rates of taxation. The limit is fixed by yield and not by rate. And the limit is fixed so that the Irish Exchequer cannot benefit to the extent of more than 10 per cent of the yield, as an Imperial tax. Regarded solely from the point of view of revenue this provision v/ould check any tendency on the part of the Irish Parliament to raise the duties beyond the point requisite to increase the yield by 10 per cent. There is, however, the difficulty that it is impossible to know in advance what increase in the rate of duty v/ill produce not more than 10 per cent, increase of }aeld. If, however, the object of the Irish Parliament were not a desire to produce revenue, but to foster Irish industries, this provision will effectively permit it. For example, if the Irish Parliament desired to foster a sugar industry in Ireland it would be necessary only to raise the Customs duty on sugar to a high level, and thus to cut down or almost to prohibit imports. There is no Excise duty on sugar, but the Brussels Convention would presumably extend to Ireland. A high Customs duty would, therefore, require the imposition of a correspondingly high Excise duty by 15 (1) (d). But there is nothing in the Bill, as has been pointed out by Mr. Hewins and Mr. Amery and admitted by Mr. Lloyd George and Mr. Herbert Samuel, to prevent a bounty being given to the Irish grower of sugar which would in effect completely compensate him for the Excise duty paid. The Transferred Sum would not be affected by this provision, seeing that the Bill does not require a deduction to be made where an increase of duty should produce a reduction of revenue. By this device, and limited only by the power of raising the necessary funds — a limitation which is not generally in the way of other countries who desire to give bounties to native industries — it would be possible to foster and protect effectually any Irish industry. ( 36 ) « Page 14 of the Bill. Charge on Transferred Sum of sums charged on the Guaran- tee Fund. 54 & 55 Vic t. c. 48. 18. The charge on the Guarantee Fund under the Irish Land Purchase Acts in respect of — (1) Sums which, owing to the deficiency of the Irish Land Purchase Account, are paid out of the ConsoUdated Fund on account of the dividends and sinking fund payments of Irish guaranteed land stock under section one of the Purchase of Land (Ireland) Act, 1891 ; and 3 Edw. 7. c. 37. (2) Sums which, owing to the deficiency of the income of the Irish Land Purchase Fund, are paid out of the Consolidated Fund on account of the dividends on 10 stock under section twenty-nine of the Irish Land Act, 1903 ; (3) Arrears of annual payments under sub-section (4) of section thirty-six of the Irish Land Act, 1903 ; shall cease, and any such sums or arrears which would under 15 the Irish Land Purchase Acts have been made good out of the Guarantee Fund, shall be made good by means of deductions from the Transferred Sum under this Act in accordance with regulations made by the Treasurv. Develop- ment fund and road im- provement grant. 9 Edw. 7. c. 47. 19. (1) Nothing in this Act shall afiect the powers of 20 the Development Commissioners or the Eoad Board with respect to Ireland under the Development and Road Improve- ment Funds Act, 1909, and for the purposes of that Act any Irish department shall be deemed to be a Government department within the meaning of that Act. 2") 10 Edw. 7. c. 8. (2) So long as a sum equal to the net proceeds of the duties on motor spirits and the net proceeds of the duties on licences for motor cars levied in Ireland is paid as part of the road improvement grant under section ninety of the Finance (1909-10) Act, 1910, the proceeds of those duties shall not be treated for the purposes of the financial provisions of this Act as the proceeds of an Imperial tax levied in Ireland. 80 Fuml^^""'' ' ^®- ^^) ^^^ ^^'^^^ Church Temporalities Fund shall belong to the Irish Government and be managed, administered, and disposed of as directed by Irish Act : 35 Provided that all existing charges on that fund guaranteed by the Treasury shall, if and so far as not paid, be paid out of the Exchequer of the United Kingdom, and be made good by means of deductions from the Transferred Sum under this Act in accordance with regulations made by the Treasury. 40 ( 33 ) Notes to Clauses. 18. The Guarantee Fund was originally establislied under the i_Land Act of 1891 to meet any insufficiency of funds in the Land Purchase Account to pay the interest and sinking fund on the Land Stock. By the Land Act, 1903, the Guarantee Fund was utilised to provide for charges incidental to the working of the Land Purchase Fund (Incidental charges), and for discount on stock when issued below par (Excess Stock). The Fund was reconstituted to meet the additional requirements, and was divided into the cash portion and the contingent portion. The cash portion was composed of :— £ (1) Irish Development Grant. The grant amounts to £185,000 ; but there are charges on it amounting to £25,000 a year, leaving . . IGO.OOO (2) Death Dutv Grant. Under Finance Act, 1894, Section 19, about 284,000 (3) Agricultural Grant. Under Local Govern- ment Act, 1898, about 727,000 (4) Exchequer Contribution. Paid from Con- sohdated Fund to Local Taxation (Ireland) Account 40,000 £1,211,000 The contingent portion was made up of Customs and Excise Duties paid (a) to the Department of Agriculture, (b) for intermediate education ; contribution in lieu of rates on Government property ; grant for Model and National Schools ; grant for Industrial Schools ; payments under Local Government (Ireland) Act, 1898, to Irish Local Taxation Account ; grant to Department of Agriculture of £70,000 out of Church Temporali- ties Fund. By the Land Act of 1909 the Guarantee Fund was relieved of the charge for Excess Stock when the Development Grant was exhausted. 19. (1) The work of the Development Commission and of the Road Board in Ireland might be regarded as peculiarly Irish and capable of local management and control. This sub-section deprives Ireland of Home Rule in these matters. Possibly the reason which will be given for this course is that funds have been accumulated, in which Ireland ought to participate, but which has not as yet been expended. On 31st March, 1911, the fund at the disposal of the Development Commission was £888.000, and at the present time it is probably considerably larger. The reasonable course would be to hand over a share of the funds available on the appointed day to the Irish Parliament and cut Ireland out of the Development and Road Improvements Act. Indiscriminate expenditure out of an Imperial Fund, even after Home Rule is operative, is indefensible. (2) The motor spirit and motor licence duties are parts of the fund of the Development Commission and Road Board. The effect of not regarding the proceeds of these duties as the " proceeds of an Imperial tax levied in Ireland " is to prevent the Irish Parliament from modifying them in any way. It would be much better if the Irish proceeds were to be handed over to an Irish Development Commission and Road Board as soon as constituted bv Irish Act. 20. (1) The accornts of the Irish Church Temporahties Fnrd are published as an Annual Wh'te Paper, {e.q., 324 of 1911). This shows that ( 37 ) 402158 Page 15 of the Bill. 44 & 45 Vict. (2) The Irish Church Temporalities Fund means the fund c. "1. under the control of the Land Commission by virtue of the Irish Church Act Amendment Act, 1881. Supple- mental pro- visions as to Irish Ex- chequer and Con- solidated Fund. 21. (1) All sums paid into the Irish Exchequer shall form a Consolidated Fund, and be appropriated to the public service of Ireland by Irish Act, and shall not be applied for any purpose for which they are not so appropriated. (2) Save as may be otherwise provided by Irish Act, the existing law relating to the Exchequer and Consolidated Fund of the United Kingdom shall apply with the necessary modifica- tions to the Irish Exchequer and the Irish Consolidated Fund, and an officer shall be appointed by the Lord Lieutenant to be the Irish Comptroller and Auditor- Generp' 10 (3) Save as may be otherwise provided bv Irish Act, the accounts of the Irish Consolidated Fund shall be audited as 15. Appropriation Accounts, in manner provided by the Exchequer 29 & 30 Vict, and Audit Departments Act, 1866, and any Act amending the c- 39. same, by or under the direction of the Irish Comptroller and Auditor-General. Joint Excheque: Board. 22. (1) For the purposes of the financial provisions of this Act there shall be established a Board to be called the Joint Exchequer Board, consisting of two members appointed by the Treasury and two members appointed by the Irish Treasury and a Chairman appointed by His Majesty. 20 (2) It shall be the duty of the Joint Exchequer Board to 25 determine any matter which is to be determined by the Board under this Act, and also to determine any other matter in con- nection with the Transferred Sum, or Irish revenue or expenditure, or the cost of any reserved service, which may be referred to them for determination by the Treasury and the Irish 30 Treasury jointly, and the decision of the Board on any matter which is to be determined by them shall be final and conclusive. (3) Any vacancy arising in the office of a member of the Board, owing to the death, resignation, or incapacity of any member of the Board, shall be filled by the authority by whom 35 the member whose place is vacant was appointed. CUargc of 23. (1) If provision is made by Irish Act for securing any '["^^^ '-• loan raised by the (Government of Ireland upon the Transferred !o.>.ns on ^^^"^ ^'^^ ^^^ ^^^ payment of such part of the Transferred Sum Transferrta^ as in the opinion of the Joint Exchequer Board may be required 4Q ( :^8 ) Notes to Clauses. Clause 20 — continued. large sums are held by the Land Commission in respect of Church Tem- poralities in Ireland. It would seem that this sub-section would give large absolute powers to the Irish Parliament to dispose of these balances and assets. That power ought to be restricted so as to permit their employment only for clearly specified purposes. 21. (3) The object of this provision is to secure the same financial system in Ireland as now exists in the United Kingdom ; the same method of voting supplies, of granting Ways and Means, of making issues to the departments, of auditing the accounts, and so on. There is no provision, however, for a separate Imperial audit — a matter which might be regarded as necessary in view of the interest of the Imperial Exchequer in securing that the deficit on Irish Services should be extinguished as early as possible, and a contribution to Imperial Ser\'ices secured. 22. (1) The constitution of the Exchequer Board gives a permanent majority to British interests. The Fir.'t Lord of the Treasury would nominate the two members appointed by the Treasury and, as Prime Minister, would be responsible for advising the King as to the appoint- ment of chairman. A Board so formed must give a lasting pretext for the Irish Parliament to contest the decisions of the Board. (2) The Exchequer Board can only act on a joint reference for the two Treasuries. It is conceivable that there may be occasions when these two authorities will be unable to agree on the reference. Provision should be made for this contingency. The absence of any appeals from their decisions is objectionable seeing that they have to decide on matters of opinion and principle as well as of fact. The various duties which are thrown on the Board by this Bill are as follows : — (1) They must determine the cost of services transferred at the passing of the Act. (Clause 14 (2) {a).) (2) They must determine the proceeds of Irish taxes imposed by Irish Act. (Clause 14 (2) (c).) (3) They must decide whether any proposed Irish tax is substan- tially the same as an Imperial tax. (Clause 15 (1).) (4) They must estimate the reduction of Irish revenue, and therefore of the Transferred Sum. arising from the reduction or discon- tinuance of an Imperial tax in Ireland. (Clause 17 (2).) 5) They must decide whether the 10 per cent, hmit yield from additional Irish taxes has been exceeded, and by how much. (Clause 17 (3).) \6) They must decide the increase of the Transferred Sum to accompany any transfer of a reserved service. (Clause 17 (4).) (7) The Board may manage any Irish debt arising from loans secured on the Transferred Sum. (Clause 23 (1).) (8) They must make estimates of " true " revenue. (9) They must report wlien, for three successive years Irish revenue has exceeded expenditure on Irish ser\aces. (Clause 26.) (10) They must direct the Treasury to pay cash into the Irish Treasury during transitional period. (Clause 43.) V 39 Page 16 of the Bill. Sum and'' manageme .t by Joint Excheque. Board. ^ for tlie services of the loan in each year direct to that Board, the Board may undertake on behalf of the Irish Government the issue and management of the loan and the application of the money paid to them for the services of the loan. (2) Where provision is so made for the payment of a part of the Transferred Sum to the Joint Exchequer Board in connection with a loan the management of which is undertaken by the Board in accordance with this section, the Treasury shall cause the requisite part of the Transferred Sum to be paid to the Joint Exchequer Board instead of to the Irish Exchequer. 10' (3) The accounts of the Joint Exchequer Board in respect of any sums received by them under this section in connection with any loan shall be audited in the same manner as the accounts of the Irish Consolidated Fund are for the time being audited. (4) Any stock or securities issued in respect of any loan 15- raised by the Irish Government shall be deemed to be included amongst the securities in which a trustee may invest under the 56 & 57 Vict, powers of the Trustee Act, 1893, c. 53. certain- ment of true Irish revenue. 24. In ascertaining for the purposes of this Act the proceeds in Ireland of any Imperial tax or of any Irish tax, the Joint 20 Exchequer Board shall treat the proceeds collected in Ireland as the proceeds of the tax in Ireland, subject to such adjust- ments as the Board think equitable, with a view to attributing to Ireland any proceeds of taxes collected in Great Britain but properly attributable to Ireland, and to attributing to Great 25- Britain any proceeds of taxes collected in Ireland but properly attributable to Great Britain, and with a view to meeting cases where the rate of a tax is, or other conditions affecting the charge of a tax are, different in Great Britain and Ireland. Alteration of 25. For the purposes of this Act the withdrawal in whole 30 taxes to be or in part of an exemption from a tax shall be treated as the treated as imposition of an addition to or as the increase of a tax, and the reduc^tkjns'of grant or extension of an exemption from a tax shall be treated taxes as the as a reduction of a tax, and any other alteration of the pro- case may be. visions with respect to any tax in consequence of which the 35 proceeds of the tax are increased or diminished shall be treated as an increase or reduction of the tax, as the case may be. Revision of Unancial 26. (1) If it appears to the Joint Exchequer Board that during any three successive years after the passing of this Act, ( ^0 ) Notes to Clauses. 24. This clause deals with the ascertainment of true revenue. The method described is that which the Treasury has regularlv adopted since 1893, but which has been always contested by the Nationalist Party as presenting an understatement of the Irish contribution. It is necessary to define the principle more precisely if payments are to be made. If, for example, a man earns £2,000 at the English Bar and has property bringing £4,000 in Ireland, how are the proceeds of the Income Tax divided between the two countries. At the present rates the Income Tax on this person is £435. If the total tax is distributed in proportion to the Irish and British incomes the Irish proceeds would be £290 and the Imperial proceeds £145. But it is arguable that the whole of the tax is British, if the domicile is British, and in that case the whole of the proceeds would be Imperial. Or it mav be argued that the Imperial proceeds is 2,000 X 9d. or £75, and that^ the balance of £360 is Irish. There are numerous other possible solutions, and the principle should be clearly defined here and not submitted for the decision of the Exchequer Board without any Statutory guidance. 25. This provision, though necessary on general grounds, might have curious consequences. It would prevent any reduction of the exemption limit of Income Tax below a point which would yield more than 10 per cent, additional revenue. It is constantly urged that the standard of living is much lower in Ireland. It follows that a £160 income in England probably corresponds to a £100 income in Ireland. Yet it would be impossible to apply the tax to those persons with incomes between £100 and £160, and to reduce the abatements on higher incomes by a corresponding amount. 26. If the object to be attained is to secure a contribution from Ireland to Imperial services as soon as the financial conditions of Ireland warrant it, there should be other tests open to the Exchequer Board than the mere equilibrium between Irish revenue and Irish expenditure for three years. For example, it would be possible for a balance to be indefinitely deferred by financing deficits in the Irish Budget by loans instead or ordinary taxation. Or when a balance has been secured in two consecutive years, a deficit might be budgeted for in third year. It is not clear why a copy of the report should be laid before the Irish Parliament. It has no powers of intervention in the matter. Nor €an it as a Parliament influence the revision. Those members who are summoned to attend the Imperial ParUament do so at the instance of His Majesty and not by direction of the Irish Parliament. ( 41 ) Page 17 of the Bill. arrange- ments in certain event t^. the aggregate of tlie total proceeds of Imperial taxes levied in Ireland as determined by the Board, and the total proceeds of Irish taxes as so determined, together with any share in any miscellaneous revenue of the United Kingdom to which the Joint Exchequer Board may consider Ireland to be entitled, 5 exceeded in each of those years the amount of the Transferred Sum, together with the cost of any services which are for the time being reserved services, the Board shall present a report to that effect to the Treasury and to the Lord Lieutenant, and the Treasury and the Lord Lieutenant shall cause a copy of the 10 report to be laid before the Parliament of the United Kingdom and the Irish Parliament respectively. (2) The presentation of such a report shall be taken to be a ground for the revision by the Parhament of the United Kingdom of the financial provisions of this Act, with a view 15 to securing a proper contribution from Irish revenues towards the common expenditure of the United Kingdom and extending the powers of the Irish Parliament and the Irish Government with respect to the imposition and collection of taxes. (3) For the purpose of revising the financial provisions of 20 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 repre- 25 sentation 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 Parlia- ment of the United Kingdom for the purpose of any such revision. 30 His Majesty may by Order in Council make such provision for so summoning the members of the Irish House of Commons as His Majesty may think necessary or proper, and any provisions contained in any such Order in Council shall have the same effect as if they had been enacted in this Act. 35 Provisions as to Judicial Power. Tenure of office by judges. 27. A judge of the Supreme Court or other superior court in Ireland, or of any county court or other court with a like jurisdiction in Ireland, appointed after the passing of this Act. shall be appointed by the Lord Lieutenant, and shall hold 40 ( 42 ), Notes to Clauses. Olacse 2Q^contrnue(] . The provisions for sumnioniug the Irish delegation are not contained in the Act, but are to be made by Order in Council. On the present basis of population there would be a delegation of 23, making the Irish representation at Westminster for this purpose 65. The sudden inclusion of 23 votes may make a considerable change in the Imperial Parliament. A Government holding office by a small majority might find itself in a minority for the particular purpose. Would it resign ? On the other hand, will Irish Nationalists agree to this reduction of their representation below the figure of the Act of Union ? Under this clause there is a reversion to conditions before the Home Rule Act, and they have always maintained that the Act of Union was a treaty entithng Ireland to the full representation accorded her by that Act unless amended by the consent of both parties. Besides, if equal justice is to be done, it is assumed that the representa- tion of Great Britain at Westminster at the time is on a basis of popula- tion. It is not at present. It will not be unless there is a redistribution scheme immediately before the consideration of the Irish financial relations question at Westminster. No one could say that if the British repre- sentation at Westminster was to-day on a basis only of population the House of Commons would be composed as at present. The provision leaving the summoning of the Irish delegation to an Order in Council requires considerable attention. Is only a number of Irish members of the House of Commons to be summoned ? Are they each to be specified individually in the v\'rits ? If so, in what proportion ? In proportion to their representation in the Irish House of Commons or in proportion to their representation at Westminster ? The franchise for election to the Irish House of Commons and the Imperial House of Commons may be quite different, and the proportion of parties may also be different. Is should be noticed that Clause 39 of the Bill of 1886 made pro- vision for summoning members of the Irish legislature to the Imperial Parliament for the amendment of the Home Rule Act under certain circumstances, but in this case the Iiish members of both Chambers were summoned to the respective House of the Imperial Parliament, and in the case of the Lower Chamber the special representation was on the basis of constituencies and not merely the summoning of a certain number without indication of the constituencies or interests which the delegation represent. Except for this special representation for the particular purpose, Ireland returned no members by the Bill of 1886 to the Imperial Parliament. 27. At the Nationalist Convention, held in Dublin on April 23rd, 1912, Mr. Redmond congratulated the delegates on getting, amongst other things, the appointment of the Judges into their hands. He was referring to this section, which provides that all future Judges of the Supreme and other Courts in Ireland shall be appointed by the Lord Lieutenant, which means, of course, the Irish Executive. In handing over the whole Judicature of Ireland to the Irish Government, Mr. Asquith has gone further than Mr. Gladstone. Under the Gladstonian Bill of 1886 (Section 20) the Exchequer Division of the High Court of Justice in Ireland was to remain a Court of Exchequer for Revenue purposes, the Judges of which were to be appohited by the Sovereign on the joint recommendation of the Lord Lieutenant and the Lord Chancellor of England. There was a ( 43 ) Page 18 of the Bill. his office by the same tenure as that by which the office is held at the time of the passing of this Act, with the substitution of an address from both Houses of the Irish Parliament for an address from both Houses of the Parh anient of the United Kingdom, and during his continuance in office his salary shall not be diminished or his right to pension altered without his consent. Irish 28. (1) The appeal from courts in Ireland to the House appeal?. ^f Lords shall cease ; and where any person would, but for this Act, have a right to appeal from any court in Ireland to the IQ House of Lords, that person shall have the like right to appeal to His Majesty the King in Council ; and all enactments relating to appeals to His Majesty the King in Council, and to the Judicial Committee of the Privy Council, shall apply accordingly. 39 & 40 Vitt. f . 59. (2) When the Judicial Committee sit for hearing any appeal 1^ from a court in Ireland in pursuance of any provisions of this Act, there shall be present not less than four Lords of Appeal, within the meaning of the Appellate Jurisdiction Act, 1876, and at least one member who is or has been a judge of the Supreme Court in Ireland. 20 (3) A rota of privy councillors to sit for hearing appeals from courts in Ireland shall be made annually by His Majesty in Council, and the privy councillors, or sqjne of them, on that rota shall sit to hear the said appeals. A casual vacancy occurring in the rota during the year may be filled by Order in Council. 25 (4) Nothing in this Act shall afEect the jurisdiction of the House of Lords to determine the claims to Irish peerages. Special pro- vision for decision of constitu- tional ques- tions. 29. (1) If it appears to the Lord Lieutenant or a Secretary of State expedient in the public interest that steps shall be taken for the speedy determination of the question whether 30' any Irish Act or any provision thereof, or any Irish Bill or any provision thereof, is beyond the powers of the Irish Parlia- ment, he may represent the same to His Majesty in Council, and thereupon the said question shall be forthwith referred to and heard and determined by the Judicial Committee of the 35 Privy Council, constituted as if hearing an appeal from a court in Ireland. (2) Upon the hearing of the question such persons as seem to the Judicial Committee to be interested may be allowed to- ( 44 ) Notes to Clauses. Clause 27 — contintied. similar provision in the Bill of 1893. The Exchequer division had ceased to exist, but by Section 19 two of the Judges of the Supreme Court in Ireland were to be Exchequer Judges appointed under the Great Seal of the United Kingdom. It is curious to note that neither of Mr. Gladstone's Rills contains any statutory provision for the appointment of the other Judges in Ireland. Inasmuch as the new Home Eule Bill is recommended on a pretence that it is to be part of a federal scheme for the British Isles, it is worth while considering how the question of the Judiciary has been dealt with in the Federal constitutions of our Colonies. The latest, and that most frequently referred to in discussing the present Bill, is the Union of South Africa. Under the Act of 1909, uniting the various British Colonies in South Africa, including the Transvaal and the Orange River Colony or Free State in a legislative union under the Crown of Great Britain and Ireland, all the Judges of the Supreme Court of South Africa with its provincial and local divisions are appointed by the Governor-General, acting with the advice of a Council unlimited in number and nominated by him, of whom not more than ten are to be Ministers of the Union. The provinces are not consulted in the matter, their " autonomy " indeed being hardly greater than that of an English County Council. Again, in the case of the Dominion of Canada, we find that the power of appointing Judges is retained by the Federal Government. With the exception of the Judges of the Courts of Probate of Nova Scotia and New Brunswick, the Judges of the Superior, District, and County Courts in each province are appointed by the Governor-General of Canada in accordance with the constitutional Conventioji. Let us take Quebec as an example. The exclusive powers of the provincial legislature of Quebec, as indeed of all other provinces, are extremely wide. They include control of property and civil rights in the province, as well as the administration of justice and the constitution, maintenance and organisa- tion of provincial Courts both of civil and criminal jurisdiction, and the procedure in civil matters in those Courts. Yet the Judges, tliough they must, on account of the peculiarities of the local law, be members of the Quebec Bar. are appointed by the Federal Government. The salaries of all these Judges, with the exception apparently of those of the Courts of Probate already mentioned, are paid and provided by the Parliament of Canada. The framers of the constitution of the Commonwealth of Australia were confronted with the difficulty of uniting under one judicial system six independent States with fully organised judicial systems of their own. The Commonwealth of Australia Constitution Act of 1900 provides, however, for the creation of a Federal Supreme Court to be called the High Court of Australia, which is to act as a Supreme Court of Appeal for the Commonwealth. But, what is more important, the same section of the Act (Section 71) provides for the establishment of such other Federal Courts as the ParUament may create, and confers on Parliament the power of investing existing Courts with Federal Jurisdiction. 28. The section dealing with Appeals does not call for special comment. It is sufficient to say that the right of appeal to the House of Lords is taken away, and an appeal to the Judicial Committee of the Privy Council is given in its place. 29 and 30 of the Bill make provisions for the decision of constitutional questions. The former provides that if the Lord Lieutenant or Chief ( 15 ) Page 19 of the BilU appear and be heard as parties to the case, and the decision of the Judicial Committee shall be given in like manner as if it were the decision of an appeal, the nature of the report or recommendation to His Majesty being stated in open court. (3) Nothing in this Act shall prejudice any other power of 5 His Majesty in Council to refer any question to the Judicial Committee or the right of any person to petition His Majesty for such reference. Appeal in oases where the validity of an Irish law is ques- tioned. 30. (1) Where any decision of the Court of Appeal in Ireland involves the decision of any question as to the validity 10 of any law made by the Irish Parliament, and the decision is not otherwise subject to an appeal to His Majesty the King in Council, an appeal shall lie to His Majesty the King in Council by virtue of this section, but only by leave of the Court of Appeal or His Majesty. 15 (2) Where any decision of a court in Ireland involves the decision of any question as to the validity of any law made by the Irish Parliament, and the decision is not subject to any appeal to the Court of Appeal in Ireland, an appeal shall lie to the Court of Appeal in Ireland by virtue of this section. 20 Lord Lieutenant. Office of Lord Liei' tenant. 31. (1) Notwithstanding anything to the contrary in any Act, every subject of His Majesty shall be qualified to hold the office of Lord Lieutenant of Ireland, without reference to his religious belief. 25 (2) The term of office of the Ldrd Lieutenant shall be six years, without prejudice to the power of His Majesty at any time to revoke the appointment. (3) The salary and expenses of the Lord Lieutenant shall be paid out of moneys provided by the Parliament of the 30 United Kingdom, but there shall be deducted from the Trans- ferred Sum in each year, towards the payment of the Lord Jiieutenant's salary, a sum of five thousand pounds. Provisions as to exist- ing judges and other persons Provisions as to existing Judges and Irish Officers. 32. (1) All existing judges of the Supreme Court, and 35 county court judges, and all existing Irish officers serving in an established capacity in the civil service of the Crown and receiving salaries charged on the Consolidated Fund of the { 40 ) Notes to Clauses. Clauses 29 and 30 — continued. Secretary thinks it expedient to determine without delay whether any act is ultra vires or not, he may bring the point before the Judicial Committee of the Privy Council for determination, when persons interested may appear and be heard. Section 30 (1) gives a right of appeal to the privy Council from any decision of the Court of Appeal involving any question as to the validitv of an Irish Act, though such decision should not other- wise be subject to appeal, but only by leave of the Court of Appeal or of His Majesty. Section 30 (2) gives in similar circumstances a right of appeal from any decision of an Irish Court to the Court of Appeal. r*j'A 31. Sub-section (1) removes the religious disqualification of the Lord Ijieuteuant. The matter has been before Parliament on other occasions. Sub-section (2) makes the office non-political, as is the case with Colonial Governorships. The Lord Lieutenant will no longer be a member of the Imperial Ministry. He will also hold office for a fixed term of years, and will not go out wdth a change of Government at Westminster. The salary of the Lord Lieutenant (£20,000 a year) has been the object of much criticism from Home Rulers. Their objections are met by the provision in the sub-section. So long as the salary remains at more than £5,000 a year, the Imperial Treasury finds the balance. The provision is remarkable since self-governing Colonies have not the salaries of their Governors found for them, though in the case of Lieutenant- Governors in Canada and provincial administrators in South Africa the central Parliament provides the salaries. The Lord Lieutenant is in neither one position nor the other ; if he is to be regarded as the Governor of a self-governing State, Ireland should pay his salary ; if a provincial or Lieutenant-Governor, £20,000 a year is certainly too large an amount. There is no provision, as is usual, prohibiting an alteration of salary taking effect during the term of office of the then holder {See Common- wealth of Australia Act, 1900, Clause 3 ; South Africa Act, 1909, Clause 10). 32. This clause deals with the position of Irish officials whose salaries are a charge upon the Consolidated Fund or who are only removable for misconduct or incapacity. The officials to which the provisions of this ( 47 ) Page 20 of the Bill. having United Kingdom, shall, if at the date of the passing of this salaries Act they are removable only on address from both Houses of charged on Parliament of the United Kingdom, continue to be removable the Consoli- , , i , f' , ' i i • ,, dated Fund, ^^v i^ipon such an address, and it removable m any other manner shall continue to be removable only in the same 5 manner as before that date ; and shall continue to receive the same salaries, gratuities, and pensions, and to be liable to perform the same duties as before that date or such duties as His Majesty may declare to be analogous, and their salaries and pensions shall he paid out of the Exchequer of the United 10 Kingdom, and all sums so paid shall be made good by means of deductions from the Transferred Sum under this Act in accordance with regulations made bv the Treasury. (2) // any of the said judges or officers retires fro)n office with His Majesty s approbation before completion of the period 15 of service entitling him to a pension, His Majesty may, if he thinks fit, after considering any representation that may be made by the Irish Government, grant to him such pension, not exceeding the pension to 7vhich he loould on that completion have been entitled, as His Majesty thinks proper. 20 Oontinuation of service of, and com- pensation to, existing officers. (3) Sub-section (1) of this section shall apply to existing Irish officers serving in an established capacity in the civil service of the Crown, who, although receiving salaries payable out of money provided by the Parliament of the United Kingdom and not charged on the Consolidated Fund, are removable only 25 for misconduct or incapacity. 33. (1) Subject to the provisions of this Act, all existing Irish officers in the civil service of the Crown who are not provided for under the last preceding section and are on the appointed day serving as Irish officers shall, after that day, continue to hold 30 their offices by the same tenure and upon the same terms and conditions (including conditions as to remuneration and super- annuation) as theretofore and shall be liable to perform the same duties as theretofore, or such duties as the Civil Service Committee established under this Act may declare to be 35 analogous, and while performing the same or analogous duties shall receive not less remuneration than they would have received if this Act had not passed : Provided that notwithstanding the provision herein-before contained as to the tenure of existing Irish officers any existing 40 Irish officer who at the time of the passing of this Act is ( 48 ) Notes to Clauses. Clause 32 — continued. clause apply are the Judges of the High Court and County Courts, any Land Commissioners who are Irish officials. Clerks of the Crown and Peace, certain officers of the Supreme Court and others, but the Chief Secretary cannot give an exhaustive list, so the extent of the application of the clause is uncertain. {See Pari. Deb., May 8th, cols. 528-9.) 33. The main provisions deaUng with the continuation of services and compensation to existing civil servants are contained in Section 33 and the Third Schedule. The apparent promise in Section 33, Sub-section (1) that after the Act Irish officers shall continue to hold their offices by the same tenure and upon the same terms and conditions (including remuneration and superannua- tion) is seriously whittled down by the addition of the words '' and while performing the same or analogous duties shall receive not less remunera- tion " than if the Act had not passed ; for there is, on the face of the Bill, nothing to prevent the Irish Government from abolishing or reducing the work, and thus cutting the ground from under the feet of the civil servants, whose duty it had been to do such Avork. To obviate this injustice, the Irish Government should be required to provide analogous work for existing officers willing to do it. Section 33, Sub-section (3) applies the provisions as to comperisation contained in the Third Schedule. Clause 1 (1) of that Schedule provides for three classes of cases : (a) voluntary retirement, {b) the case of an officer whose position is impaired (49) Page 21 of the Bill. removable from his office by His Majesty, or by tbe Chief Secretary, or by any person other than the Lord Lieutenant, or in any special manner, may be removed from his office after the passing of this Act by the Lord Lieutenant. 55 & oliVirt. 0. 40. (2) The Superannuation Acts. 183-4 to 1909, shall continue 5. after the appointed day to apply to any such existing Irish officer to whom they then apply, and the service of any such officer under the Irish Government shall, for the purpose of those Acts, be deemed to be service in the permanent civil service of the Crown and in a public office within the meaning iq of the Superannuation Act, 1892 : Provided that so far as relates to the grant and ascertainment of the amount of any allowance or gratuity under those Acts as respects any such officer who at the time of his ultimate retirement is serving under the Irish Government, the Civil Service Committee shall be substituted for the Treasurv. 15. (3) The provisions as to compensation contained in the Third Schedule to this Act shall apply with respect to any such existing Irish officer. (4) The superannuation and other allowances and gratuities 20 tvhich may become payable after the passing of this Act to existing Irish Officers in the civil service of the Crown under the Superannuation Acts, 1834 to 1909, and any compensation payable to any such officers under the provisions of this Act, shall be paid out of moneys provided by the Parliament of the United Kingdom, 95. but any sums so paid shall be made good by means of deductions from the Transferred Sum under this Act in accordance with regulations made by the Treasury. (5) The Pensions Commutation Acts. 1871 to 1882, shall apply to any person to whom an annual allowance is granted in pur- 30 suance of the provisions of this Act relating to existing officers as they apply to a person who has retired in consequence of the abolition of his office. 34. (1) For the purpose of the provisions of this Act committee to be called the Civil Service Committee. Establish- ™.®"*'°^ . with respect to existing officers there shall be established a 35- Civil bervioe ^ _':'-..._.- Committee. (2) The committee shall consist of three members, of whom one shall be appointed by the Treasury, one by the Executive Committee, and one (who shall be chairman) by the Lord Chief Justice of England.^ 40' ( 50 ) Notes to Clauses. ■Clause 33 — continued. by reason of being rec|uired- to perform non-analogous or additional duties to those formerly performed by him, (c) compulsory retirement. Class (c) provides for removal from office before the age of sixty years for any cause other than misconduct or incapacity. U)uler the existing law {see Treasury Regulations. January 10th, 1910, C.S. Year Book, p. 335) civil servants as a general rule cannot be compulsorily retired before sixty-five, except for misconduct or incapacity. Under this Schedule Irish civil servants may be deprived of five years' service, whereby they lose — (1) the difference between five years' salary and five years' pension ; (2) five years less may be available to count towards pension ; (3) the chance for that live years of promotion and higher salary and of a pension at tlie higher rate. And it is, from natural causes, in the last five years that the best chances of promotion occur. The proposed change would plainly enable the Irish Govermnent to replace, by its own nominees, all holders of positions thus prematurely displaced. All younger civil servants hitherto, by reason of the prevailing practice, have had a resonable expectation, that in filling vacancies, they would be preferred to strangers, and this has been one of the chief attractions of the service which should certainly be preserved by carefully restricting the mode of filling vacancies created on compiilsory retire- ments. The assurances held out by previous Governments to young men of promise by whicli they were induced to join the service should be lespected. 34. A like committee of three persons was appointed under the amended Bill of 1893. Two— one the Chairman — were to be specified by name in the Act ; the third was to be appointed by the Irish Executive Committee. ( 51 ) Page 22 of the Bill. (3) Any vacancy arising in the conunittee owing to the death, resignation, or incapacity of a member of the committee shall be filled by the authority by whom the member whose place is vacant was appointed. (4) The determination of the Civil -Service Committee on 5- any claim or question which is to be determined by them under the provisions of this Act relating t(t existing officers shall be final and conclusive. tion allow anceg, Provisions as ^^- ^^*^y pension granted on account of service in Ireland to existing <*« « judge of the Supreme Court or of any court consolidated 10 pensions and into that court, or as a county court judge, or as an Irish officer superannua- ^j^ ^^ established capacitt/ in the civil service of the Crown, or to any officer or constable of the Dublin Metropolitan Police or Royal Irish Constabulary, and payable at the time of the passing of this Act, or in the case of an officer or constable of the Royal IB- Irish Constabidary at the date of transfer, shall be paid, out of moneys provided by the Parliament of the United Kingdom, and shall be made good by means of deductions from the Transferred Sum under this Act in accordance with regulations made by the Treasury. 20 SfflTofficer^ 36. (1) For the purpose of the provisions of this Act and provision I'^'^ting to existing officers, any officer shall be deemed to be as to officers an Irish officer who is serving or employed in Irish services in whose within the meaning of this Act. case ques- tions may arise, &c. (2) If any question arises whether an officer is an Irish 25- officer as so defined, or otherwise as to any claim or right of an officer under the provisions of this Act relating to existing officers, that question shall be determined by the Civil Service Committee (3) If in any case the Civil Service Committee are of opinion 30 that the service or employment of an officer is such that he is partly an Irish officer and partly not, that Committee shall determine any qiiestion which arises as respects the proportion in which any allowance, gratuity, or compensation payable to that officer is to be paid as between the Exchequer or Consolidated 35 Fund of Ireland and of the United Kingdom respectively. Provisions as to Members of Police. of service of ^'^- (^) ^^^ officers and constables of the Dublin Metro- and compen'- politan Police and of the Eoyal Irish Constabulary who are sation to, serving on the day of transfer shall after that day continue to 40 ( 52 ) Notes to Clauses, 37. The proposals iu respect of the Royal Irish Constabulary and ^ the Dublin Metropolitan Police differ from those of 1893, inasmuch as it is j ( 53 ) Page 23 of the Bill. memlDers of police forces. serve on the same terms and conditions as theretofore, and shall be liable to perform the same duties as theretofore, and while performing those duties shall not receive less pay than they would have received if this Act had not passed. (2) Any existing enactments relating to the pay or pensions .5 of officers and constables of the Dublin Metropolitan Police and Royal Irish Constabulary shall continue to apply after the transfer to any officer and constable serving on the day of transfer with the substitution of the Lord Lieutenant for the Treasury and for the Chief Commissioner or Inspector-General IQ as the case requires. (3) The provisions as to compensation contained in the Fourth Schedule to this Act shall apply with respect to the officers and constables of the Dubhn Metropolitan Police and of the Roval Irish Constabularv who are serving on the day of transfer. 15 (4) Ani/ pensions and other aUoivances and gratuities which may become payable to officers and constables of the Dublin Metropolitan Police after the passing of this Act or to officers and constables of the Foyal Irish Constabulary after the date of transfer [being in either case officers and constables who are 20 serving on the day of transfer) under the existing enactments applicable to them, and any compensation payable to any of those persons under the provisions of this Act, shall be paid out of moneys provided by the Parliament of the United Kingdom ; but any sums so paid shall be made good by means of deductions 25 from the Transferred Sum under this Aot in accordance with regulations made by the Treasury. (5) The Pensions Commutation Acts, 1871 to 1882, shall apply to any member of the Dublin Metropolitan Police or Royal Irish Constabulary to whom an allowance is granted in pursuance of 30 the provisions of this section in like manner as if he had retired from the permanent Civil Service of the Crown on the abolition of his office, and any terminable annuity payable in respect of the commutation of an allowance shall be payable out of the same funds as the allowance. 35 (G) In this section and in the Fourth Schedule to this Act the expression " day of transfer " in relation to the Dubhn Metropo- litan PoUce means the appointed day, and in relation to the Royal Irish Constabularv means the day on which the control and management of that force are transferred to the Irish 40 Government. ( 54 ) Notes to Clauses. Clause 37 — continued. not now proposed that they shall " cease to exist," but shall be handed over as they stand to the Irish Government — The Dublin Metropolitan Police on an '' appointed day " within six months before or after September 2nd, 1913 ; The Roval Irish Constabulary six years after September 2nd. 1913 {i.e. 1919). The provisions handing over the Royal Irish Constabulary to the Irish Government — and the remarks apply also to the Dublin MetropoHtan Police — must be considered as regards the officers and men now serving in the Force, in the light of the conditions under which they entered the service and their future prospects. The Irish Constabulary has always been an Imperial force. As the result of the policy of British Governments for the past seventy years, it has been continually brought into collision with the forces which must control an Irish Executive. The existing officers and men would have no friends in such a body. They entered the Force, not like soldiers who enlist for a fixed period, but as men taking up the profession of a hfetime on the guarantee of the Imperial ParUament. If any proportion of these men have a reasonable distrust as to the possibility of a successful career under a Home Rule Government they ought to have the option of retiring voluntarily oii favourable terms. The position of all members of the Force for the six years after the passing of the Act would be very difficult as they would be under the direction of the Lord Lieutenant, and conflicts with the supporters of the Irish Government during that period are by no means improbable. ; 55 Page 24 of the Bill. Continuance of existing laws, institu- tions, &i'. General. 38. All existing laws, institutions, and authorities in Ireland, whether judicial, administrative, or ministerial, and all existing taxes in Ireland, shall, except as otherwise pro- vided by this Act, continue as if this Act had not passed, but 5 with the modifications necessary for adapting them to this Act, and subject, as respects matters within the powers of the Irish ParUament under this Act, to repeal, abolition, alteration, and adaptation in the nnauner and to the extent authorised by this Act. 10 Use of 39. His Majesty the King in Council may place under the ■Crown lands control of the Irish Government, for the purposes of that govern- by Irish ment, such of the lands, buildings, and property in Ireland rnent. vested in or held in trust for His Majesty, and subject to such conditions or restrictions (if any) as may seem expedient. 15 Arrange- ments between department of United Kingdom and Irish depart- ments for exercise of powers and U Fund, and made good to the Irish Consolidated Fund out of the Petty Sessions Clerks Fund as the state of that fund allows. This provision sliall apply to the pensionable assistants of the petty sessions clerks at Cork and Belfast as it applies to the petty sessions clerks. *^^ Rules — Part I. Officers serving in the Civil Service of the Crown in an established capacity. A. — On Retirement binder the ISialutory Conditions of Retirement. 1. The compensation which may be awarded to the officer shall 4U be an annual allo^vance, not exceeding in any case two-thirds of the ( 80 ) Notes. 87 ) Page 40 of the Bill. salary on which the allowance is reckoned, or, if he has completed less than ten years of service as reckoned for the purposes of this provision, a gratuity. 2. The annual allowance or gratuity shall be calculated in like manner as the superannuation allowance or gratuity which the officer would be qualified to receive under the Superannuation Acts, 1834 to 1909, if he retired on the ground of ill-health, save that for the purposes of that calculation, the following provisions shall have effect, that is to say : — (a) His years of service shall be reckoned as if he had served up JQ to the end of the transitional period, and there shall be added any additional years which he maj^ be entitled to reckon under section four of the Superannuation Act, 1859 : (b) His salary, where there are periodical increments, shall be taken at the amount which it would have reached if he had ]^5 continued to serve in the same office up to the end of the transitional period. B. — 071 retirement with the permission of the Civil Service Committee under this Act or cm being removed from office or required to retire by the Irish Oovernment before attaining the age of sixty years for any cause other than miscond^ict or incapacity. 20 1. The compensation which may be awarded to the officer shall be an annual allowance not exceeding in any case two-thirds of the salary on which the allowance is reckoned. 25 2. The annual allowance shall be calculated in like manner as the superannuation allowance which the officer would be qualified to receive under the Superannuation Acts, 1834 to 1909, if he retired on the ground of ill- health, save that for the purposes of such calculation, the following provisions shall have effect, that is to say : — on (a) Where the officer retires or is removed after the end of the transitional period, ten years shall be added as abolition years to the years of service which he would be entitled to reckon for the purposes of such superannuation allowance : (6) Where the officer retires or is removed during the transitional or period his years of service shall be reckoned, and the amount of his salary shall be computed in the same manner as is provided in this Part of these Rules in the case of an officer retiring under the statutory conditions of retirement, and ten years shall be added as abolition years to the An years of service so reckoned : ( 88 ) Notes. { 89 ) Page 41 of the Bill. (c) Where the officer has been permitted by the Civil Service Committee to retire on account of reduction of salary, his salary shall be taken at its amount prior to the reduction : Provided that — (i) Where an officer at the time of leaving the service has 5 attained the age of thirty years but has not attained the age of thirty-six years, the abolition years to be added for the purpose of this article shall be seven years instead of ten, and where an officer at the time of leaving the service has not attained the age of thirty 1Q years, or where, whatever his age, his j'ears of service as reckoned for the purposes of this article, exclusive of the abolition jears, are less than ten, the abolition years to be added for those purposes shall be five years instead of ten ; and -j^c (ii) Xo abolition years shall be added in excess of the difference between the age of an officer at the time of his leaving the service and the age at wliich he would be liable to leave the service under the existing rules as to age. C. — Officers to whom the Superanmiation Act, 1909, applies. 20 1. An officer to whom the Superannuation Act, 1909, applies by reason only of his having elected to adopt the provisions of that Act shall, if he so requires, be treated for the purpose of the determina- tion of his compensation under this Schedule as if he had not so elected. 25 2. As respects any such officer who does not require his com- pensation to be determined as aforesaid, and any other officer to whom the Superannuation Act, 1909, applies, the provisions contained in Heads A. and B. of this Part of these Rules shall have effect subject to the following modifications, that is to say : — qq (a) The annual allowance or gratuity awarded to the officer shall be calculated on the proportion of salary prescribed by sub- section (1) of section one of the Superannuation Act, 1909, instead of the jiroportion prescribed b}' section two of the Superannuation Act, 1859, and the annual allowance which 35 may be awarded to the officer sliall not in any case exceed one-half of the salary on which the allowance is calculated : (6) In addition to the annual allowance or gratuity there may be awarded to the officer an additional allowance calculated in like manner as an additional allowance under tlie Superan- 40 nuation Act, 1909, and for the purposes of that calculation ( 90 ) Notes. f 91 ) Page 42 of the Bill. his years of service and salarj' shall be reckoned and com- puted as in the case of his annual allowance or gratuity, but the additional allowance so awarded shall not exceed one and a half times the amount of the salary on which the allowance is calculated, except in the case of an officer to whom the Superannuation Act, 1909, applies by reason of his having elected to adopt its provisions, and then only to the extent specified in section three of that Act. Rules — Part II. Officees serving in the Civil Service of the Crown who are not IQ SERVING IN AN- ESTABLISHED CAPACITY. 1. The compensation which may be awarded to the officer shall be such gratuity or annual allowance (if any) as the Civil Service Committee think just having regard to the following considerations, that is to say : — 15 (a) The conditions on which the officer was appointed (b) The nature and duration of his employment ; (c) In the case of officers who do not devote their whole time to the duties of their olfice, the amount of time so devoted ; {d) The circumstances in which he is leaving the service ; 20 (e) The compensation which might have been awarded to him on leaving the service in similar circumstances if Part I. of these Rules had applied to him ; (/) Any offer made to him of another office or employment under the Irish Government ; 25 (g) The probability (if any) of his having continued in office for a longer period but for the passing of this Act ; and {h) Any other circumstances affecting his case 2. The compensation shall in every case be less than the com- pensation which might under Part I. of these Rules have been 30 awarded to the officer on leaving tlie service in similar circumstances af th.it Part of these Rules had applied to him. ( 92 ) Notes. (93 ) Page 43 of the Bill. FOURTH SCHEDULE. Provision as to Compensation of Membebs oe the Royal Irish Constabulary and Dublin Metropolitan Police. Any officer or constable who after the daj^ of transfer is required to retire for any cause other than misconduct, and is not incapacitated o- for the performance of his duty by mental or bodily infirmity, shall, unless he is qualified for the maximum pension that can be granted to him for length of service only under the enactments aforesaid, be entitled to receive such compensation as may be awarded to him by the Lord Lieutenant in accordance with the Rules contained in this IQ Schedule. Rules. 1. The compensation which may be awarded to an officer or constable shall be an annual allowance. 2. The annual allowance shall be calculated in like manner as 15 the pension which the officer or constable would have been entitled to receive under the enactments applicable to him if he had retired voluntarily and had been qualified in respect of his length of service, for a pension, save that for the purposes of that calculation the following provisions shall have effect : — 20 (o) There shall be added to his completed years of actual service if the proportion of salary on which his allowance is calculated is one-fiftieth, ten years, and if that proportion is one-sixtieth, twelve years, but any such addition of years shall not affect the amount of salary in respect of 25 which his annual allowance is to be calculated ; and (6) If he has, in addition to his completed years of actual service served for a period exceeding six months, his service for that period shall be reckoned as a completed year of actual service. 30 3. The allowance awarded to an officer or constable shall in no case exceed the maximum pension which could under the enactments applicable to him have been awarded to him if he had retired for length of service only. 4. In the event of a constable dying within one year after an 35- annual allowance had been awarded to him under this Schedule, the Lord Lieutenant may, if he thinks fit, grant an annuity to the widow or children of the constable in like manner as if the allowance were a pension gi-anted to the constable on retirement. ( 94 ) Notes. ( 95 ) Notes. 9G1 Notes. ( 97 ) Notes. ( 98 Notes. ( 99 ) E 2 Notes. ( 100 ) Notes. ( 101 Notes. 102 Notes. Vj^^i): Notes, 104 ) THE HOME RULE BILL, 191^, COMPARED WITH THE PREVIOUS BILLS. THE HOME KULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1912. 1893, As amended. Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of tlie Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : LEGISLATIVE AUTHORITY. Estahlisliment of Irish Parliament. 1. (1) On and after the appointed day there shall be in Ireland an Irish Parliament consisting of His Majesty the King and t^o Houses, namely, the Irish Senate and the Irish House of Commons. (2) Notwithstanding the establishment of the Irish Parliament or anything contained in this Act, the supreme power and authority of the Parliament of the United Kingdom shall remain unaffected and undiminished over all persons, matters, and things within His Majesty's dominions. Legislative Powers of Irish Parliament. 2. Subject to the piovisions of this Act, the Irish Parliament shall have power to make laws for the peace, order, a.nd good government of Ireland \\ith the following limitations, namely, that they shall not have power to make laws except in respect of matters exclusively relating to Ireland or some part thereof, and (without prejudice to that general limitation) that they shall not have power to^make laws in respect of the following matters in particular, or any of them, namely — (1) The Crown, or the succession to the Crown, or a Regency ; or the Lord Lieutenant except as respects the exercise of his executive power in relation to Irish services as defined for the purposes of this Act ; 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 His Majesty's subjects during the existence of hostilities between Foreign States with which His Majesty is at peace, in relation to those hostilities ; or (3) The navy, the army, the territorial force, or any other naval or military force, or the defence of the realm, or any other naval or military matter ; or Whereas it is expedient that without impairing or restricting the supreme authority of Parliament, an Irish Legislature should be created for such purjjoses in Ij'eland 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 : 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. 2 ( Part of) 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 tilings within the Queen's dominions. 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. 3. The Irish Legislature shall not have power to make laws in respect of the follow- ing 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 Crowii ; or (2) The making of peace or war or matters arising from a state of war ; or the regu- lation 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 I'espect of such hostilities ; or (3) Navy, army, militia, volunteers, and any other military forces, or the defence of the realm, or forts, permanent mili- tary camps, magazines, arsenals, dock- yards, 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 lOf) ) THE HOME RULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1893, As introduced. 188() Whereas it is expedient that without impairing or restricting tlie supreme autiiority of Parliament, an Irish Legislature should be created for sucli purposes in Ireland as in this Act mentioned : Bo it therefore enacted by tlie Queen's most Excellent Majesty, bj- 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 : 1. (hi and a ter the appointed day there shall be in Ireland a Legislature consisting of Her JIajesty the Queen and of two Houses, the Legislative Coiuicil and the Legislative Assemblj'. 2. With the exceptions and subject to the restrictions in this Act mentioned, there shall be granted to the Irish Legislature power t(' make laws for the peace, order, and good government of Ireland in respect of matters exclusively relating to Ireland or some part thereof. 3. The Irish Legislature shall not have power to make laws in respect of the follow- ing matters or any of them : — (1) The Crown, or the succession to the Crown, ov a Regenc}'^ ; or the Lord Lieutenant as representative of the CroAvn ; or (2) The making of peace or war or matters arising from a state of war ; or (3) Naval or military forces, or the defence of the realm ; or Bb 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 : 1. On and after the appointed day thera shall be established in Ireland a Legislatura consisting of Her Majesty the Queen and aa Irish Legislative Body. 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 ia Ireland. 3. The Legislature of Ireland shall not make laws relatmg to the following matters or any of them : — (1) The status or dignity of the Crown, or the succession to the Cro\m, or a Regency ; (2) The making of peace or war ; (3) The army, navy, militia, volunteers or other militarj- or naval forces, or the defence of the realm ; 107 ) THE HOME RULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1912, 1893, As amended. (4) Treaties, or any relations, ■v^■ith Foreign States, or relations ^vitll other parts of His Majesty's dominions, or offences connected with any such treaties or relations, or procedure con- nected with the extradition of criminals under any treaty, or the return of fugitive offenders from or to any part of His Majesty' 3 dominions ; or (5) Dignities or titles of honour ; or (6) Treason, treason felony, alienage, naturalisation, or aliens as such ; or (7) Trade with any place out of Ireland (except so far as trade may be affected Ijy the exercise of the powers of taxation given to the Irish Parliament, or by the regulation of importation for the sole purpose of preventing contagious disease) ; quarantine ; or navigation, including merchant shipping (except as respects inland waters and local health or harbour regulations) ; or (8) Lighthouses, buoys, or beacons (except so far as they can consistently ^Tith any general Act of the Parliament of the United Kingdom be constructed or maintained byalocal harbour authority); or (9) Coinage ; legal tender ; or any change in the standard of weights and measures ; or (10) Trade marks, designs, merchandise marks, copyright, or patent rights ; or (11) Any of the follo\ring matters (in this Act referred to as resei-vcd matters), namely — (a) The general subject-matter of the Acts relating to Land Purchase in Ireland, the Old Age Pensions Acts, 1908 and 1911, the National Insurance Act, 1911, and the Labour Exchanges Act. 1909 ; (b) The collection of taxes ; (r) The Royal Irish Constabulary and the management and control of that force ; {d) Post Office Savings Banks,Trustee Savings Banks, and Friendly Societies ; and (e) Public loans made in Ireland practice in the use of arms for military purposes ; or (5) Treaties or anj' 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 ; oi: (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 con- sistently with any general Act of Parlia- ment 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. ( 108 ) THE HOME RULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1893, As introduced. 1886. (4) Treaties and other relations wdth foreign States or the relations between different parts of Her Majesty's dominions or offences connected with such treaties or relations ; or (5) Dignities or titles of honour ; or (6) Treason, treason-felony, alienage, or naturalization ; or ( 7 ) Trade with any place out of Ireland ; or quarantine, or navigation (except as respects inland waters and local health or harbour regulations) ; or (8) Beacons, lighthouses, or sea marks (except so far as they can consistently with any general Act of Parliament be constructed or maintained by a local harbour authority) ; or (9) Coinage ; legal tender ; or the standard of weights and measures ; or (10) Trade marks, merchandise marks, copyright, or patent rights. (4) Treaties and other relations with foreign States, or the relations between the various parts of Her Majesty'i 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 men- tioned 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. ( 109 ) THE HOME EULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1912. 1893, As amended. before the passing of this Act : Provided that the limitation on the powers of the Irish Pailiament imder this section shall cease as respects any such reserved matter if the corres- ponding reserved sei-vice is transferred to the Irish Government under the provisions of this Act. Any law made in contravention of the limitations imposed by this section shall, so far as it contravenes those limitations, be void. Prohibition oj Laws interfering ivith Religious Equality, etc. .3. In the exercise of their power to make laws under this Act the Irish Parliament shall not make a law so as either directly or indirectly to establish or endow any religion, or prohibit the free exercise thereof, or give a preference, privilege, or advantage, or impose any disability or disadvantage, on account of religious belief or religious or ecclesiastical status, or make any reli- gious belief or religious ceremony a con- dition of the validitv of any marriage. 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 out- side Ireland for the sole pui-pose of pre- venting the introduction of any contagious disease. It is hereby declared that the exceptions from the powers of the Irisli Legislature con- tained 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. The powers of the Irish Legislature shall not extend to the making of any law — (1) Respecting the establishment or en- dowment of religion, w hether directly or indirectly, or prohibiting the free exercise thereof ; or (2) Imposing any disabiUty, 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 ^^■ithout 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) Where b}' there may be established and endowed out of public funds any theo- logical 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 ( 110 THE HOME RULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1893, As introduced. 1886. Any law made in contravention of this ■ection shall be void. 4. The powers of the Irish Legislature shall not extend to the makmg of any law — (!) Respecting the establishment or en- dowment of religion, or prohibiting the free exercise thereof ; or (2) Imposing any disability, or conferring any privilege, on account of reUgious belief ; or (3) Abrogating or prejudicially affecting the right to establish or maijitain any place of denominational education or any denominational institution or charity ; or Any law made in contravention of thii section shall be void. 4. The Irish Legislature shall not make any law — (1) Respecting the establishment or en- dowment of rehgion, or prohibiting the free exercise thereof ; or (2) Imposing any disabiUty, or conferring any privilege, on account of religioui belief ; or (3) Abrogating or derogating from th« right to establish or maintain any place of denominational education or any denominational mstitution or charity ; or (4) Prejudicially afiecting the right of any child to attend a school receiving public money, without attending the religious inatniction at that school ; or (4) Prejudicially afiecting the right of any child to attend a school receiving public money without attending the reUgioui instruction at that school ; or ( 111 ) THE HOME RULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 191--. 1893, As amended. Any law made in contravention of the restrictions imposed by tliis section shall, so far as it contravenes those restrictions, be void. EXECUTIVE AUTHORITY. Executive Power in Ireland. 4. (1) The executive power in Ireland ■hall continue vested in His Majesty the King, and nothing in tliis Act shall affect the exercise of that power except as respects Irish sei-vices as defined for the purposes of this Act. (2) As respects those Irish services the Lord Lieutenant or other chief executive officer or officers for the time being aji- pointed in his place, on behalf of His Majesty, shall exercise any prerogative or other executive power of His Majesty the exercise of which may be delegated to liim by His Majesty. of the Crown on account of liis parentage or place of birth, or of the place where any part of his business is carried on, or upon any corporation or institution con- stituted 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 jjlace in A^hich any of its operations are carried on ; or (8) Whereby any person may be deprived of Hfe, liberty, or property Avithout due process of law in accordance A\ith 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) Whereb}' 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 Legisla- ture, be deprived of its rights, privileges, or property A\ithout due process of law in accordance Arith settled principles and precedents, and so far as respects pro- perty Arithout just compensation. Pro- vided nothing in this subsection shall prevent the Irish Legislature from deaUng with any public department, municipal corporation, or local autho- rity, or with any corporation adminis- tering 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. 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 every instrument conveying any such delegation of any prerogative or other execu- tive power shall be presented to the two Houses of Parliament as soon as con- veniently may be. Provided always that the lieutenants of counties shall be appointed ( 112 ) THE HOME RULE BILL. 1912. COMPARED WITH THE PREVIOUS BILLS. 1893, A3 iatroduoeJ. <5) Whereby any person may be deprived of life, liberty, or property ^\•ithout due process of law, or may be denied the equal protection of the laws, or whereby private property may be taken without just compensation ; or (6) Whereby any existnig corparation in- corporated by Royal Charter or by any local or general Act of Parliament (not being a corporation raising for public purposes, taxes, rates, cess, dues, or tolls, or administering fimds so raised) 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 : or (7) Whereby any inhabitant of the Unitetl Kingdom may be deprived of equal rights as respects public sea fisheries. 1880. (5) Impairing, without either the leave of Her Majesty in Council first obtained on an address presented by the Legislative Bod\- of Ireland, or the consent of the coi-poration interested, the rights, pro- perty, or privileges of any existing cor- poration 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 tliis Act, or either of such duties or affecting any Act relating to such duties or either of them ; or (7) Affecting this Act, except in so far as it is declared tt) be alterable by the Irish Legislature. Any law made in contravention of this section shall be void. 5. (1) The executive power in Ireland shall continue vested in Her Majesty the Queen, 7. (I) The Executive Government of Ireland shall continue vested in Her Majesty, and th; Lord Lieutenant, on behalf of Her Majestj', shall exercise any preroga- tives or other executive power of the Queen, the exercise of which may be delegated tu him by Her Majesty, and shall be carried on by the Lord Lieu- tenant on behalf of Her Majesty Mith the aid of sucli officers and such council as to Her Majest}- may from time to time seem fit. ( 113 ) THE HOME EULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1912. 1893, As amended. (3) The power so delegated shall be exer- cised throvigh such Irish Departments as may be established by Irisli Act or, subject thereto, by the Lord Lieutenant, and the Lord Lieutenant may appoint officers to administer those Departments, and those officers shall hold office during the pleasure of the Lord Lieutenant. (4) The persons -who are for the time being heads of such Irish Departments as may be determined by Irish Act or, in the absence of any such determination, by the Lord Lieutenant, and such other persons (if any) as the Lord Lieutenant may ap- point, shall be the Irisli Ministers. Provided that — (a) No such person shall be an Irish Minister unless he is a member of the Privy Council of Ireland ; and (h) No such person shall hold office as an Irish IMinister for a longer period than six months, unless he is or becomes a member of one of the Houses of the Irish Parliament ; and (c) Any such person not being the head of an Irish Depai'tment shall hold office as an Irish Minister during the pleasure of the Lord Lieutenant in the same manner as the head of an Irish Department holds his office. (5) The persons who are Irish Ministers for the time being shall be an Executive Committee of the Privy Councj] of Ireland (in this Act referred to as the " Executive Committee "), to aid and advise the Lord Lieutenant in tlu^ exercise of his executive power in relation to Irish sei-vices. (C') For the purposes of this Act, " Irish services " are all public services in con- nection with the administration of the civil government of Ireland except the admini- stration of mattei's with respect to which the Irish Parliament have no power to make laws, including in the exception all public services in connection with the administration of the reserved matters (in this x^ct referred to as " icserved services "). Future Truii^jtr of Certain Eescrved Services. r». (1) The public services in connection with the administration of the Acts relating by the Lord Lieutenant of Ireland as repre- senting Her Majesty. (2) There shall be an Executive Com- mittee of the Privy Council of Ireland to aid and advise in the Government of Ireland, being of such numbers, and comprising per- sons 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. 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 Covernor or Governors of Ireland, or the Chief Secretary of the Lord Lieutenant, shaU be exercised by the Lord Lieutenant in pursuance of instructions given by Her Majesty. 29. ( 1 ) The forces of the Royal Irish Con- stabulary and Dublin Metropohtan Police ( 114 ) THE HOME RULE BILL, 1912, COMPARED WLfH THE PREVIOUS BILLS. 1893, As introduced. 1883. (2) There shall be an Executive Com- mittee of the Priv}^ Council of Ireland to aid and advise in the government of Ireland, being of such numbers, and comprising per- sons holding such offices, as Her Majesty may think fit, or as may be directed by Irish Act. 30. (1) The forces of the Royal Irish Con- stabulary and Dublin Metropolitan Police 21. The following regulations shall made with respect to police in Ireland ; lo ( llo ) THE HOME EULE BILL 1912, COMrAEEP AVTTH THE PEEVIOUS BILLS. 1912. 1893, As amended. to the Royal Irish Constabulary and the management and control of that force, shall by Tirtue of this Act be transfeiTed from the Government of the United Kingdom to the Irish Government on the expiration of a period of six ycais from the appointed day and those piiblic sei-vices shall then cease to be resei^ved services and become Irish services. (2) If a resolution is passed by both Houses of the Iiish Parliament providing for the transfer from the Government of the United Kingdom to the Irish Govern- ment of the following reserved services, namely- — • (a) All public services in connection -with the administration of the Old Age Pensions Acts, 1908 and 1911 ; or (b) All public sei"\-ices in connection with the administration of Part I. of the National Insurance Act, 1911 ; or (■") All public services in connection with the administration of Part II. of the National Insurance Act, 1911. and the Labour Exchanges Act, 1909 ; or (rf) All public services in connection with the administration of Post Office Savings Banks, Trustee Savings Banks, and Friendly Societies ; the public services to wliich the resolution relates shall be transferred accordingly as from a date fixed by the resohition, being a date not less than a year after the date on which the resolution is passed, and shall on the transfer taking efi'ect cease to be reserved services and become Irish services : Provided that this provision shall not take effect as respects the transfer of the ser^nces in connection with Post Office Savings Banks, Trustee Savings Banks, and Friendly Societies until the expiration of ten years from the appointed daj^ (3) On any transfer under or by virtue of this section, the tianeitorj^ provisions of this Act (so far as applicable) and the provisions of this Act as to existing Irish officers shall apply w'ith respect to the transfer, with tlio substitution of the date of the transfer for the appointed day, and of a period of five years from that date for the transitional period. IRISH PARLIAMENT. Summoning of Irish Parliamoil. 6. (1) There shall be a session of the Irish Parliament once at least in every year, so that twelve months shall not intervene between the last sitting of the Parliament in one session and their first sitting in the next session. (2) The Lord Lieutenant shall, in His Majesty's name, summon, prorogue, and dissolve the Irish Parliament. 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 othei*^vise 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. ~\ (Part of) and {the Lord fAeuttminf) shall, in Her Majesty's name, summon, at least once in every year, prorogue, and dis- solve the Irish Legislature ; ( 116 THE HOME RULE BILL, 1912, COMPARED AVITH THE PREVIOUS BILLS. 1893, As introduced. 1886. shall, when and as local police forces arc from time to tirao established in Ireland in accord- ance with the Sixth Schedule to tliis Act, be gradually reduced and ultimately cease to exist as mentioned in that schedule ; and after the passing of this Act, no officer or man shall be appointed to either of those forces ; Provide. (1) The Irish Legislative Council shall consist of forty-eight councillors. (2) Each of the constituencies mentioned in the First Schedule to this Act shall return the number of councillors named opposite thereto in the schedule. (3) Eveiy man shall be entitled to be registered as an electoi', and \\\\en registered to vote at an election, of a councillor for a constituency, ^\ ho o^\ ns or occupies any land or tenement in the constituency of a rateable value of more than tucnty 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 qualifica- tion specified in section five of the Repre- sentation 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 constituenc\- in the same year. 10. (1) The fiist order of the Irish Legis- lative Body shall consist of one hundred and three members, of M'liom sevent3--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 bona fide possessed of property which — (a) if realty, or partly realty and partlj' personalty, yields two hundred pounds a year or upwards, free of all charges ; or (6) if personalty yields the same income, or is of the capital value of four thousand jjounds 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 shaU 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 cacli electoral district shall be qualified as follow s, that is to say, he shall be of full age. and not subject to any ( 119 ) THE HOME RULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1912. 1893, As amended. (2) The term of office of every senator shall be eight years, and shall not be affected by a dissolution ; one-fourth of the senators shall retire in every second year, and their seats shall be filled by a new nomination. (3) If ths place of a senator becomes vacant before the expiration of his term of office, the Lord Lieutenant shall, unless the place becomes vacant not more than six months before the expiration of that temi of office, nominate a senator in the stead of the senator whose place is vacant, but any senator so nominated to fiU a vacancy shall hold office only so long as the senator in whose stead he is nominated would have held office. (4) The term of office of every councillor shaU be eight years, and shall not be affected by a dissolution ; and one half of the coun- cillors shall retire in every fourth year, and their seats shall be filled by a new election. ( 120 ) THE HOME BULE BILL, 1912, COMPARED WITH THE PREVIOUS BII-LS. 1893, As introduced. 1886. (4) The term of office of every councillor shall be eigJit years, and shall not be affected by a dissolution ; and one half of the coun- cillors shall retire in eveiy fotirth year, and their seats shall be filled by a new election. legal incapacity, and shall have been during the t^'elvc months next preceding the twentieth day of Jvlij in an\' year theowTier or occupier of some land or tenement within the district of a not annual value of twenty- five pounds or up\\ards. (~^) The term of office of an elective member shall be ten years. (6) In every fiftli year thirty-seven or thirty-eight of tiie elective membeis, as the case requires, shall retire from office, and their places shall be filled hy election ; the members to retiie shall be those Mho have been members for the longest time v.ithout 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 resig- nation, the vacancy shall be filled by the election to tliat office by the Irish peers of one of their number in manner hereto- fore in use respecting the election of Irish representative peers, subject to adaptation as provided by this Act, and if the vacancy is nrit so filled Mitliin the proper time it shall be filled by the election of an elective member. (6) If any of the twenty-eight peers afore- said does not within one. month after the appointed day give such assent to be a peerage member of the first order, tlie vacanty 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 ex- piration of thirty years from the appointed day, whichever period is the shortest. A\ the expiration of such thirty years the offices of all the peerage members shall be A-acated as if they were dead, and their places shall be filled by elective members qualified and elected in manner provided by tlus Act with respect tf) elective members of the first order, and such elective members ma}' be dis- tributed 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 Bo(W shall be of the same force as if they were enacted in the body of this Act. ( 121 THE HOME RULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1912. Composilion of Irish Hotise of Commons. 9. (1) The Irish House of Commons shall consist of one hundred and sixty-four members, returned by the constituencies in Ireland named in the First Part of the First Schedule to tliis Act in accordance with that schedule, and elected by the same electors and in the same manner as members returned by constituencies in Ireland to serve in the Parliament of the United Kingdom. (2) The Irish House of Commons when summoned shall, unless sooner dissolved, have continuance for five years from the day on which the summons directs the House to meet and no longer. (3) After three years from the passing of this Ah, the Irish Parliament may alter, as respects the Irish House of Commons, the qualification of the electors, the mode of election, the constituencies, and the dis- tribution of the members of the House among the constituencies, provided that in any new distribution the number of the members of tiio Ilousn shall not be altered, and due regard shall be had to the popula- tion of the constituencies other than Uni- versity constituencies. 1893, As amended. 8. (1) The Irish Legislative Assembly shall consist of one hundred and three members, returned by the existing parlia- mentary constituencies in Ireland, or the existing di\asions 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 5fears from the day on which the summons directs it to meet and no longer. (3) Alter six years from the passing of this Act, the Irish Legislature may alter tht; qualification of the electors, and the con- stituencies, and the distribution of the members among the constituencies, provided that in such distribution duo regard is had to the population of the constituencies. ^ /^ 122 ) THE HOME RULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1893, As introduced. 1886. 7. (1) The Irish Legislative Assembly sliall consist of one hundred and three mem- bers, returned by the existing parliamentary eonstitueneies in Ireland, or the existing divisions thereof, and elected by the parlia- mentary electors for the time being in those constituencies or divisions. (2) The Irish Legislative Assemblj' 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 con- stituencies, and the distribution of the mem- bers among the constituencies, provided that in such distribution due regard is had to the population of the constituencies. 11. (1) Subject as in this section here- after mentioned, the second order of the Legislative Body shall consist of two hundred and four members. (2) The membeis 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,\\hich shall be divided into two divisions in manner .set forth in the Third Schedule to this Act. and tMO members shall be chosen bj- each of suck divisions. (3) Any jicrson who, on the aj^pointed 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 Bod}^ as if he had been elected by the constituency ^\hich he was representing in the House of Com- mons. Each of the members for the City of Cork, on the said day. may elect for ^^ hich of the divisions of that city he Avishes 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 b_v 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 shal!, within seven days after the meeting of the Legislati^-e Body, or if the Body is sitting at the time of the election, within seven days alter the election, elect in which order he will serve, and his member- ship of the other order shall be void and le filled by a fresh election. (()) Xotwithstanding anything in this Act, it shall be lawful for the Legislature of Ire- land at any time to pass an Act enabling the Royal L'niversity 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. 6. The Irish Legislative Body whenever summoned may have continuance for fve years and no longer, to be reckoned from the day on which any such Legislative Body ii- appointed to meet. 11. (7) Xotwithstanding anything in this Act, it shall be lawful for the Irish Legislature, .after the first dissolution of the Legislative Body w-hich occurs, to alter the constitution or election of the second order of that body, due regard 1 eing had in the distribution of membeis to the population of the con- stituencies: provided that no alteration shall I e made in the number of such 0!d''r. ( 12^^ ) THE HOME RULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1912. 1893, As amended. Money Bills. 10. (1) Bills appropriating revenue or money, or imposing taxation shall originate only in the Irish House of Commons, but a Bill shall not be taken to appropriate revenue or money, or to impose taxation by reason only of its containing provisions for the imposition or appropriatiori of fines or other pecuniary penalties, or for the jjayment or appropriation of fees for Hcences or fees for services under the Bill. (2) The Irish House of Commons shall not adopt or pass any resolution, address, or Bill for the appropriation for any purpose of any part of the public revenue of Ireland or of any tax, except in pursuance of a recommendation from the Lord Lieutenant, in the session in Avhich the vote, resolution, address, or Bill is proposed. (3) The Irish Senate may not reject any Bill which deals only with the imposition of taxation or appropriation of revenue or money for the services of the Irish Govern- ment, and may not amend any Bill so far as the Bill imposes taxation or appropriates revenue or money for the services of the Irish Government, and the Irish Senate may not amend any Bill so as to increase any proi)osed charges or burden on the people. (4) Any Bill wliich appropriates revenue or money for the ordinary annual services of the Irish Government shall deal only with that appropriation. Disagreement between two Houses of Irish Parliuiitent. 11. (1) If the Irish House of Commons j)ass any Bill and the Irish Senate reject or tail to pass it, or pass it with amendments to which the Irish House of Commons will not agree, and if the Irish House of Commons in the next session again jiass the Bill with or without any amendments which have been made or agreed to by the Irish Senate, and the Irish Senate leject or fail to jiass it, or pass it with amendments to which the Irish House of Commons will not agree, the Lord Lieutenant may (luring that session convene a joint sitting of the members of the two Houses. (2) The members present at any such joint sitting may deliberate and shall vote 18. (1) Bills for appropriating any part of the public revenue or for imposing any tax shall originate in the Legislative Assembly. (2) It shall not bo lawful for the Legisla- tive Assembly to adopt or pass any vote, resolution, address, or Bill for the appro- priation for aiay purpose of any part of the public revenue of Ireland, or of any tax, except in pursuance of a recommendation from the Lord Lieutenant in the session in which such vote, resolution, address, or Bill is proposed. 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 enactuig the said provision, is again adopted bj' 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 deUberating and voting together theieon, and shall be adopted or rejected according to the decision of the majority ol those member's present and voting on the question. 124 ) THE HOME EULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1893, As introduced. 18. (I) Bills for appropriating any part of the public revenue or for imposing any tax shall originate in the Legislative Assembly. (2) It shall not be lawful for the Legisla- tive Assembly to adopt or pass any vote, resolution, address, or Bill for the appropria- tion for any puqjosc of any part of the public revenue of Ireland, or of any tax, except in pursuance of a recommendation from the Lord Lieutenant in the session in which such vote, resolution, address, or Bill is proposed. 8. If a BiU 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 montlis afterwards to be adopted by the Legislative Coimcil, 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 question. 188ti. 19. (1) It shall not be lawful for the Irish Legislative Body to adopt or pass any vote, resolution, address, or Bill for the raising or appropriation for any purpose of any part of the public revenue of Ireland, or of any tax, duty, or impost, except in pursuance of a recommendation from Her Majesty signiticd through the Lord Lieu- tenant in the session in which such vote, resolution, address, or Bill is proposed. (2) Notwithstanding that the Irish Legis- lature is prohibited by this Act for making laws relating to certain subjects, that Legis- lature may, with the assent of Her Majesty in Council first obtained, appropriate any part of the Irish public revenue, or any tax, duty, or impost imposed by such Legisla- ture, for the purpose of, or in connection with, such subjects. 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 Mith a dissolution of the Legislative Body, or the period of tln-ee years, wliichever period is longest, such Bill, or a Bill contain- ing the said provision, is again considered by the Legislative Body, and such Bill or pro- vision 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 wliich 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. • ( 125 ) THE HOME RULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1912. together upon the Bill as last proposed by the Irish House of Commons, and upon tlie amendments (if any) which have been made therein by the one House and not agreed to by the other ; and any such amendments which are affirmed by a majority of the total number of members of the two Houses present at the sitting shall be taken to have been carried. (3) If the Bill with the amendments (if any) so taken to have been carried is affirmed by a majority of the total number of members of the two Houses present at any such sitting, it shall be taken to have been duly passed by both Houses. Privileges, quaJifica lions, cVc, of Members of Irish Parliament. 12. (1) The powers, privileges, and im- munities of the Irish Senate and of the Irish House of Commons, and of the members and of the Committees of the Irish Senate and the Irish House of Commons, shall be such as may be defined by Irish Act, but so that they shall never exceed those for the time being held and enjoyed by the Commons House of Parliament of the United Kingdom and its members and committees, and, until so defined, shall be those held and enjoyed by the Commons House of Parliament of the United Kingdom, and its members and committees at the date of the passing of this Act. (2) The law, as for the time being in force, relating to the qualification and disqualifica- tion of members of the Commons House of Parliament of the United Kingdom, and the taking of any oath required to be taken by a member of that House, shall apjily to members of the Irish House of Comm.ons. (3) Any peer, whether of the United Kingdom, Great Britain. England, Scotland, or Ireland, shall be qualified to be a member of either Hovise. (4) A member of either House shall be incapable of being nominated or elected, or of sitting, as a member of the other House, but an Irish Minister ^ho is a member of cither House shall have the light to sit and speak in both Houses, but shall vote only in the House of wliich he is a member. (5) A member of either House may resign his seat by giving notice of resignation to the person and in the manner directed by standing orders of the House, or if there is no sucji direction, by notice in writing of resignation sent to the Lord Lieutenant, and his seat shall become vacant on notice of resisrnation being given. (('■>) The powers of citlier House shall not 1)0 affected by any vacancy therein, or by any defect in the nomination, election, or qualification, of any member thereof. (7) His Majesty may by Order in Council 1893, As amended. Fiom Schedule Sir, (11) Until otherwise provided by Irish Act, the Lord Lieutenant in Council may make regulations for adapting the existing (lection laws to the election of members of the two Houses of the Legislature. (12) Annual sessions of the Legislature shall be held. (13) Any peer, whether of the LTnited Kingdom, Great Britain, England, Scotland, or Ireland shall be qualified to be a member of either House. (14) A member of either House may by writuig under his hand resign his seat, and the same shall thereupon be vacant. (15) The same person shall not be a member of both Houses. (16) Until otherwise provided by Irish Act, if the same person is elected to a seat in each House, he shall, before the eighth day after the next sitting of cither House, by w ritten notice, elect in which House he will serve, and upon such election his seat in the other House shall be vacant, and if he does not so elect, his seat in both Houses shall be vacant. (17) Until otherwise provided by Irish Act, any such notice electing in which House a p?rson will sit, or any notice of resignation, shall be given in manner directed by the Standing Orders of the Houses, and if there is no su(^h direction, shall be given to the Lord Lieutenant. (18) The powers of either House shall not be atfected by any vacancy therein, or any defect in the election or qualification of any member thereof. i ( 120 ) THE HOME RULE BILL, 1912. COMPARED WITH THE PREVIOUS BILLS. 1893. As introduced. 1886. From Schedule Seven. (11) Until otherwise provided by Irish Act, the Lord Lieutenant in Council may make regulations for adapting the existing election laws to the election of members of the two Houses of the Legislature. (12) Annual sessions of the Legislature shall be held. (13) Any peer, Avhether of the United Kingdom, Great Britain, England, Scotland, or Ireland shall be qualified to be a member of cither House. (14) A member of either House may by writing under his hand resign his seat, and the same shall thereupon be vacant. (15) The same person shall not be a member of both Houses. (1(5) Until otherwise provided by Irish Act, if the same person is elected to a seat in each House, he shall, before the eighth day after the next sitting of either House, by written notice, elect in which House he will serve, and upon such election his seat in the other House shall be vacant, and if he does not so elect, his seat in both Houses shall be vacant. (17) Until otherwise provided by Irish Act, any such notice electing in which House a person will sit, or any notice of resignation, shall be given in manner directed by the Standing Orders of the Houses, and if there is no such direction, shall be given to the Lord Lieutenant. (18) The powers of either House shall not be affected by any vacancy therein, or any defect in the election or qualification of any member thereof. ( 127 ) THE HOME RULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1912. 1893. As amended. declare that the holders of the offices in the Irish Executive named in the Order shall not be disqualified for being members of either House of the Irish Parliament by reason of holding office under the Crown, and except as otherwise provided by Irish Act, the Order shall have effect as if it were enacted in this Act, but on acceptance of any such office the seat of any such person in the Irish House of Commons shall be vacated unless he has accepted the office in succession to some other of the said offices. (19) Until otherwise provided by Irish Act the holders of such Irish offices as may be named by Oi'der of the Queen in Council before the appointed day, shall be entitled to be elected to and sit in either House not^vithstanding that they hold offices under the Crown, biit on acceptance of any such office the seat of any such person in either House shall be vacated unless he has accepted the office in succession to some other of the said offices. IRISH REPRESENTATION IN HOUSE OF COMMONS. THE Representation of Ireland in the House of Commons of the United Kingdom. 13. Unless and imtil the Parliament of the United Kingdom otherwise determine, the following provisions shall have eifcct : — (1) After the appointed day the number of members returned by constituencies in Ireland to serve in the Parliament of the United Kingdom shall be forty - two and the constituencies returning those members shall (in lieu of the existing constituencies) be the con- stituencies named in the second part of the First Schediile to this Act, and no University in Ireland shall return a member to the Parliament of the United Kingdom. 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 niimber of members named opposite thereto in that schedule, and no more, and Dublin University shall cease to return anv member. (2) The existing divisions of the con- stituencies shall, save as provided in that schedule, be abolished. ( 128 ) THE HOME RULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1893. As introduced. 1886. (19) Until otherwise iirovidcd by Irish Act, the holders of such Irish offices as may be named by Order of the Queen in Council before the appouited day, shall be entitled to be elected to and sit in either House notwith- standing that they hold offices under the Crown, but on acceptance of any such office the seat of any such person in either House shall be vacated unless he has accepted the office in succession to some other of the said ■offices. 9. Unless and until Parliament otherwise determines, the followmg provisions shall have effect — (1) After the appointed day each of the con- stituencies 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 Dublm Uni- versity shaU cease to return any member. (2) The existing divisions of the con- stituencies shall, save as provided in that schedule, bo abohshed. (3) An Irish representative peer in the House of liords and a member of the House of Commons for an Irish con- stituency shall not be entitled to deliberate or vote on — (a) any Bill or motion in relation thereto, the operation of A\hich Bill or motion is confined to Great Britain or some part thereof ; or (6) any motion or resolution relating solely to some tax not raised or to be raised in Ireland ; or (c) any vote or appropriation of money made exclusively for some service not mentioned in the Third Schedule to this Act ; or (f/) any motioti or resolution exclu- sively affecting Great Britain or some part thereof or some local authority or some j^erson or tiling therein ; or (e) any motion or resolution, inci- dental to any such motion or reso- lution as either is last mentioned, or relates solely to some tax not raised or to bo raised in Ireland, or inci- dental to any such vote or appro priation of money as aforesaid. 24. On and after the appointed day Ire- land shall cease, except in the event hereaftef in this Act mentioned, to return representativo peers to the House of Lords or members to the House of Commons, and the persons who on the said daj' are such representative peers and members sliall cease as such to be members of the House of Lords and House of Commons respectively. ( 12S ) THE HOME EULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1912. 1893, As amenrled. (2) The election laws and the laws relating to the qualification of parliamentary electors shall not, so far as they relate to elections of members returned by constituencies in Ireland to serve in the Parliament of the United Kingdom, be altered by the Irish Parliament, but tills enactment shall not prevent the Irish Parliament fiom dealing ■\\'ith any officers concerned with the issue of wi'its of election, and if any officers are so dealt with, it shall be lawful for His Majesty by Order in Council to an-ange for the issue of any such writs, and the writs issued in pursuance of the Order shall be of the same effect as if issued in manner heretofore accustomed. FINANCE. Irish Bevenue and Ex'penditure. 14. (1) There shall be an Irish Exchequer and an Irish Consolidated Fund separate from those of the United Kingdom. (2) The proceeds of all taxes levied in Ireland, ^^■hether under the authority of the Parliament of the United I^ngdom or of the Irish Parhament, shall be paid into the Exchequer of the United Kingdom, hut suhject as hereinafter provided, there shall be charged on and paid out of the Consolidated Fund of the United Kingdom or the groicing produce thereof in each year to the Irish Exchequer a sum [in this Act referred to as *^ the Transferred Sutn") ro7isisting of — (a) such sum as may be determined by the Joint Exchequer Board established under this Act (hereinafter referred to as the Joint Exchequer Board) to represent the net cost to the Exchequer of the United Kingdom at the time of the passing of this Act of Irish services ; and (b) a sum of fii'e hundred thousand pounds, diminishing in each year after th^. third year of payment by the sum of fifty thousand pounds until it is reduced to the sum of two hundred thousand pounds ; and (c) a sum equal to the proceeds as detcr- 7nined by the Joint Exchequer Board of any Irish taxes imposed in Ireland by the Irish Parliament under the powers given to them by this Act. (3) Provision shall be made by the Irish Parliament for the cost of Irish services within the meaning of this Act, and any charge on the Consolidated Fund of the United Kingdom for those services, including anj' charge for the benefit of the Local Taxation (Ireland) Account, or any grant or contribution out of moneys provided by (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 Miits of election, and if any officers are so dealt with, it shall be laA\iul for Her Majesty by Order in Council to arrange for the issue of such MTits, and the writs issued in pursuance of such Order shall be of the same effect as if issued in manner heretofore accustomed. 12. (1) On and after the appointed day there shall be an Irish Exchequer and Con- solidated Fund sejiarate from those of the United Kingdom. (2) The Irish Legislature, in order to pro- vide for the public service of Ireland, may impose any taxes other than the existing taxes in Ireland, and all matters relating to the taxes so imposed, or to the miscellaneous public revenue of Ireland connected with the civil charges of government in Ireland, or to the collection and management of such taxes or revenue, shall be regulated by Irish Act, and the proceeds shall form jiart of the special revenue of Ireland. (3) The special revenue, and, save as in this Act mentioned, all the public revenue of Ireland, shall be paid into the Irish Ex- chequer, and all sums paid into the Irish Exchecjuer shall form a Consolidated Fund, and be appropriated to the public service of Ireland by Irish Act, and shall not be apphed for any purpose for which they cannot be so appropriated. ( 130) THE HOME RULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1893, As introduced. (4) CVimpliance with the provisions ot this section shall not Jie questioned otherwise than in eacli House in manner provided by the House. (5) The election laws and the laws relating to the qualification of parliamentary electors shall not, so far as they relate to parliamentaiy elections, be altered by the Irish Legislature, but this enactment shall not prevent the Irish Legislature from dealing w ith 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 wiits issued in pursuance of such Order shall be of the same effect as if issued in manner heretofore accustomed. 1886. 10. (1) On and after the appointed day there shall be an Irish Exchequer and Con- solidated Fund separate from those of the United Kingdom. (2) The duties of customs and excise and the duties on postage shall bo imposed by Act of Parliament, but subject to the pro- visions of this Act the Irish Legislature may, in order to provide for the public service of Ireland, impose any other taxes. (3) Save as in this Act mentioned, all matters relating to the taxes in Ireland and the collection and management thereof shall be regulated by Irish Act, and the same shall be collected and managed by the Irish Government and form part of the public revenues of Ireland : Provided that — (a) the duties of customs shall be regu- lated, collected, managed, and paid into the Exchequer of the United Kingdom as heretofore ; and {h) all prohibitions in connection with the duties of excise, and so far as regards articles sent out of Ireland, all matters relating to those duties, shall be regu- lated by Act of Parliament ; and (c) the excise duties on articles consumed in Great Britain shall be paifl in Great Britain or to an officer of the Govern- ment of the United Kingdom. (4) Save as in this Act mentioned, all the public revenues of Ireland shall be paid into the Irish Exchequer and form a Consolidated Fund, and be appropriated to the public service of Ireland by Irish Act. (5) If the duties of excise are increased above the rates in force on the first day of March one thousand eight hundred and ninety- three, the net proceeds in Ireland of the duties in excess of the said rates shall be paid from 12. (1) For the purpose of providing for the public service of Ii'eland the Irish Legis- lature may impose taxes, other than duties of customs or excise as defined by this Act, which duties shall continue to be imposed and levied by and under the direction of the Imperial ParUament only. (2) On and after the appointed daj' there shall be an Irish Consolidated Fund separate from the Consolidated Fund of the United Kingdom. (3) All taxes imposed by the Legislature of Ireland and all other public revenues under the control of the Government of Ireland shall, subject to any provisions touching the disposal tiiereof contained in any Act passed in the present session respecting the sale and purchase of land in Ireland, be paid into the Irish Consohdated Fund, and be appro- priated to the public service of Ireland according to law. ( 131 ) THE HOME RULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1912. 1893, As amended. the Parliament of the United Kingdom so far as made for those services shall cease, and money for loans in Ireland shall cease to be advanced either by the Public Works Loans Commissioners or out of the Local Loans Fund. ^Powers of Irish Parliament ivith respect to Taxation. 15. (1) The Irish Parhament shall have power to vary (either by way of addition, reduction, or discontinuance) any Imperial tax 80 far as respects the levy of that tax in Ireland, and to impose in Ireland any independent tax not being in the opinion of the Joint Exchequer Board substantially the same in character as an Imperial tax, Bubject to the following limitations : — ^ (a) The Irish Pariiament shall not have power to impose or charge a Customs duty, whether an import or an export duty, on any article unless that article is for the time being liable to a Customs duty levied as an Imperial tax ; and (6) The benefit to accrue to the Irish Exchequer from any addition to any Customs duty levied as an Imperial tax (other than a Customs duty on beer or spirits), or to any duty of income tax so levied, or to any death duty so levied, shall be limited as in this Act provided ; and (c) The power of the Irish Parhament to vary an ImiJerial tax shall not be exercised with respect to the stamp duties mentioned in the Second Schedule to this Act ; and (d) The Irish Parliament shall not, in the exercise of their powers of taxation \mder this provision, make any varia- tion of Customs or Excise duties the effect of wlrich will be to cause the Customs duty on an article of a class produced, prepared, or manufactured in Ireland, to exceed the Excise daty by more than an amount reasonably sufficient to cover any expenses due to Excise restrictions ; and the power of the Irish Parliament to make laws includes a power to make laws for the purpose of giving effect to their powers of taxation under this provision. (2) For the purposes of tliis Act — (a) The expression " Imperial tax " means any tax charged for the time being in Ireland under the authority of the Parliament of the United Kingdom, and includes a tax which has been discontinued under the powers given by this section to the 11. (1) Until the transfer hereinafter mentioned the existing taxes in Ireland shall be imposed by Act of Parliament, and all matters relating to those taxes or to the hereditary revenues of the Crown in Ireland, or to the collection or management thereof, shall be regulated by Act of Parhament. (2) For the puiposes of tliis Act the public revenue of Ireland shall be divided into general revenue and special revenue, and the general revenue shall consist of — (a) the gross revenue collected in Ireland from the said taxes ; (b) the portion due to Ireland of the hereditary revenues of the Crown which are managed by the Commissioners of Woods ; and (c) an annual sum for the customs and excise duties (if any) collected in Great Britain on articles consumed in Ireland ; Provided than an annual sum for the cus- toms and excise duties (if any) collected in Ireland on articles consumed in Great Britain shall be deducted from the revenue collected in Ireland, and treated as revenue collected in Great Britain. (3) The above-mentioned annual sums shall be determined by the order of a com- mittee appointed jointly by the Treasury and the Irish Government in equal propor- tions, with power to choose a chairman, or in default the chairman shall be appointed by Her Majesty, and the chairman shall have a second or casting vote, and such order shall be laid before both Houses of Parhament. (4) One-third part of the general revenue of Ireland, and also tliat portion of any Imperial miscellaneous revenue to wliich Ireland may claim to be entitled, whether specified in the Tliird Schedule to this Act or arising hereafter, shall be paid into the Exchequer of the United Ivingdom as the contribution of Ireland to Imperial liabilities and expenditure as defined in that schedule. (5) The residue of the general revenue of Ireland shall, without being paid into the Exchequer of the United Ivingdom, form part of the special revenue of Ireland. (6) The civil charges of government in Ireland shall, subject as in this Act men- tioned, be borne after the appointed day by Ireland and regulated by Irish Act. (7) Where Parliament imposes any taxes expressly for the purpose of war, or of any ( 132 ) THE HOME RULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1893, As introduced. 1886. the Irish Exchequer to the Exchequer of the United Kingdom. (6) If the dvties of excise are reduced below the rates in force on the said day, and the net proceeds of such duties in Ireland are in conse- quence less than the net proceeds of the duties before the reduction, a sum equal to the defi- ciency shall, unless it is otherwise agreed between the Treasury and the Irish Govern- ment, be paid from the Exchequer of the United Kingdom to the Irish Exchequer. 11. (1) The hereditary revenues of the Crown in Ireland which are managed by the Commissioners of Woods shall continue during the life of Her present Majesty to be managed and collected bv those Commis- sioners, and the net amount payable by them to the Excheciuer on account of those iwenues, after deducting all expenses (but including an allowance for interest on such proceeds of the sale of those revenues as have not been re-invested in Ireland), shall be paid into the Treasurj' Account (Ireland) hereinafter mentioned, for the benefit of the Irish Excheciuer. (2) A person shall not be required to pay income tax in Great Britain in respect of prop3rty situate or business carried on in Ireland, and a person shall not be required to pay income tax in Ireland in respect of property situate or business carried on in Great Britain. (3) For the purpose of (jiving to Ireland the benefit of the difference between the income tax collected in Great Britain from British, Colonial, and foreign securities held by resi- dents in Ireland, and the income tax collected in Ireland from Irish securities held by resi- dents in Great Britain, there shall be made to Ireland out of the income tax collected in Great Britain, an allowance of such amount as may he from time to time determined by the Treasury, in accordance with a minute of the Treasury laid before Parliament before the appointed day, and such alloicance shall be paid into the Treasury Account {Ireland) for the benefit of the Irish Exchequer. (4) Provided that the provisions of this section with respect to income tax shall not apply to any excess of the rate of income tax in Great Britain above the rate in Ireland or •of the rate of income tax in Ireland above the rate in Great Britain. 12. (1) The duties of customs contributed by Ireland and, save as jirovided by this Act, that portion of any public revenue of the United Jungdom to whith Ireland may claim to be entitled, whether specified in the Third Schedule to this Act or not, shall be carried to the Consolidated Fund of the United Kingdom, as the contribution of Ire- land to Imperial Uabilities and expenditure as defined in that schedule. (2) The civil charges of the Government in Ireland shall, subject as in this Act men- 13. (1) Subject to the provisions for the reduction or cesser thereof in this section mentioned, there shall be made on the part of Ireland to the Consolidated Fund of the United Kingdom the following annual con- tributions in every financial year ; that is to say, — (a) The sum of one million four hundred and sixty- six thousand pounds on account of the interest on and management of the Irish share of the National Debt : (6) The sum of one million six hundred and sixty-six tJwusand pounds on accoxmt of the expenditure on the Army and Navy of the United Kingdom : (f) The sum of one hundred and ten thousand pounds on account of the Imperial civil expenditure of the United Kingdom : {d) The sum of one million pounds on account of the Royal Irish Constabulary and the Dublin Metropolitan PoUce. (2) During the period of thirty j-ears from this section taking eflect the said annual con- tributions shall not be increased, but may be reduced or cease as hereinafter mentioned. After the expiration of the said thirty years the said contributions shaU, save as other- mse provided by this section, continue until altered in manner provided with respect to the alteration of this Act. (3) The Irish share of the National Debt shall be reckoned at forty-eight million pounds bank annuities, and there shall be paid in every financial year on behalf of Ireland to the Commissioners for the Reduction of the National Debt an annual sum of three hundred and sixty thousand pounds, and the permanent annual charge for the National Debt on the Consolidated Fund of the United Kingdom shall be reduced bj' tliat amoimt, and the said annual sum shall be ajiplied by the said Commissioners as a sinking fund for the redemption of the National Debt, and the Irish share of the National Debt shall be re- duced by the amount of the National Debt so redeemed, and the said annual contribu- tion on account of the interest on and management of the Irish share of the National Debt shall from time to time be reduced by a sum equal to the interest upon the amount of the National Debt from time to time so redeemed, but that last-men- tioned sum shall be paid annually to the ( 133 ) THE HOME RULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1912. Irish Parliament, but ^vllich would have been so charged biit for the discontinuance ; (b) The expression " Irish tax "' means any tax charged under the authority of the Irish Pai'liament either by way of an addition to an Imperial tax or as an independent tax. 1893. As amended. special expenditure which Parliament de- clares to be war expenditure, or to be extra - oi'dinary expenditure for the defence of the realm, the revenue from those taxes which is collected in Ireland, or on articles consumed in Ireland, shall be paid into the Exchequer of the United Kingdom, and subject to the like deduction as above mentioned in respect of articles consumed in Great Britain, shall be treated as the contribution of Ireland for the said purpose. (8) After six years from the appointed day the imposition of the existing taxes in Ireland other than duties of customs or excise, and the regulation of all matters relating to the existing taxes in Ireland other than the duties of customs, and to the collection and management thereof, shall, save as respects duties on articles consumed in Great Britain, be transferred to the Irish Legislature, and the arrangements made by this Act for the contribution of Ii-eland to Imperial liabilities and expenditure shall be revised. 13. (1) There shall be charged on the Irish Consolidated Fund in favour of the Ex- chequer of the United Kingdom as a first charge on that fund all sums ^^•hich — (a) are payable to that Exchequer from the Irish Exchequer ; or (b) are required to repay to the Ex- chequer of the United Kingdom sums issued to meet the dividends or sinking fund on guaranteed land stock under the Purchase of Land (Ireland) Act, 1891 ; or (c) otherwise have been or are required to be paid out of the Exchequer of the United Kingdom in consequence of the non-payment thereof out of the Ex- chequer of Ireland or otherwise by the Irish Government. (2) If at any time the Controller and Auditor General of the United Kingdom is satisfied that any such charge is due, he shall certify the amount of it, and the Treasury shaU cause the amount so certified to be deducted out of any revenue payable to the Irish Exchequer, and if from any cause the amount is not so deducted, the Treasury shall send such certificate to the Lord Lieutenant, who shall thereupon by order without any counter-signature, direct the payment of the amount from the Irish Exchequer to the Exchequer of the United Kingdom, and such order shall be duly obeyed by all persons, and rmtil the amount is wholly paid no other payment shall be made out of the Irish Exchequer for any purpose whatever. (3) There shall be charged on the Irish Consolidated Fund next after the foregoing charge — (a) all sums, for dividends or sinking fund on guaranteed land stock imder the Purchase of Land (Ireland) Act, 1891, which the Land Purchase Account and ( 134 THE HOME RULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1893, As introduced. 1886. tioned, be borne after the appointed day by Ireland. (3) After fifteen years from the pass^ing of this Act the arrangements made by this Act for the contribution of Irehmtl to Imperial liabilities and expenditure, and otherwise for the financial relations between the United Kingdom and Ireland, may be revised in pursuance of an address to Her Majesty from the House of Commons, or from the Irish Legislative Assembly. 13. (1) There shall be estabhshed under the direction of the Treasury an account (in this Act referred to as the Treasury Account (Ireland) ). (2) There shall be paid into such account all sums payable from the Irish P]xchequer to the Exchequer of the United Kingdom, or from the latter to the former Exche([uer, and all sums directed to be paid into the account for the benefit of either of the said Ex- chequers. (3) All sums which are payable from either of the said Exchequers to the other of them, or being payable out of one of the said Ex- chequers are repayable by the other Ex- checj[uer, shall in the first instance be payable out of the said account so far as the money standing on the account is sufficient ; and for the purpose of meeting such sums, the Treasury out of the customs revenue collected in Ireland, and the Irish Government out of any of the public revenues in Ireland, may direct money to be paid to the Treasury Account (Ireland) instead of into the Exchefiucr. (4) Any surplus standing on the account to the credit of either Exchequer, and not required for meeting payments, shall at con- venient times be paid into that Exchequer, and where any sum so payable into the pjxchecpier of the United Kingdom is re- quired by law to be forthwith paid to the National Debt Commissioners, that sum may be paid to those Commissioners without being paid into the Exchequei'. (5) All sums payable by virtue of this Act out of the Consolidated Fund of the United Kingdom or of Ireland shall be piyablc from the Exchequer of the United Kingdom or Ireland, as the case may be, within the meaning of this Act, and all sums by this Act made payable from the Exchequer of the United Kingdom shall, if not otherwise paid, be charged on and paid out of the Consoli- dated Fund of the United Kingdom. 14. (1) There shall be charged on the Irish Consolidated Fund in favour of the Exchequer of the United Kingdom as a first charge on that fund all sums which — («) are payable to that Exchequer from the Irish Exchequer ; or (6) are required to repay to th3 Exchequer of the United Kingdom sums issued to meet the dividends or sinking fund on Commissioners for the Reduction of the National Debt in addition to the above- mentioned annual sinking fund, and shall be so paid and be applied as if it Mcro i^art of that sinking fund (4) As soon as an amoimt of the National Debt equal to the said Irish share thereof has been redeemetl under the provisions of this section, the said annual contribution on account of the interest on and management of the Irish share of the National Debt, and the said annual sum for a sinking fund, shall ceas3. (5) If it appears to Her Majesty that the expenditure in respect of the Army and Navy of the United Kingdom, or in respect of Imperial civil expenditure of the United Kingdom, for any financial year has been less than fifteen times the amount of tlie contri- butions above named on account of the same matter, a sum equal to one-fifteenth part of the diminution shall be deducted from the current annual contribution for the same matter. (6) The sum paid from time to time bj- the Commissioners of Her Majesty's Woods, Forests, and Land Revenues to the Con- solidated Fund of the United Kingdom on account of the hereditary revenues of the Crown in Ireland shall be credited to the Irish Government, and go in reduction of the said annual contribution payable on account of the Imperial civil expenditure of the United Ivingdom, but shall not be taken into account in calculating whether such diminution as above mentioned has or has not taken place in such expendi- ture. (7) If it appears to Her Majesty that the expenditure in respect of the Royal Irish Constabulary and the Dublin MetropoUtan Police for any financial year has been less than the contribution above named on account of such constabulary and police, the current contribution shall be diminished by the amount of such difference. (8) This section shall take effect from and after the thirty-fird day of March One thousand eight hundred and eir/hty-seven. 14. (1) On and after such day as the Treasury may direct all moneys from time to time collected in Ireland on account of the duties of customs or the duties of excise as defined by this Act shall, under such regula tions as the Treasury from time to time make, be carried to a separate account (in this Act referred to as the Customs and Excise Account) and applied in the payment of the following sums in priority as men- tioned in this section ; that is to say, — First, of such sum as is from time to time directed by the Treasurj^ in respect of the costs, charges, and expenses of and incident to the collection and manage- ment of the said duties in Ireland not ( 135 ) THE HOME KULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1912. 1893, As a,mended. Relations letween Great Britain and Ireland as respects Customs and Excise Duties. Ifi. (1) Any articles which are brought the Guaranteed Fund under that Act are insufficient to paj^ ; (6) all sums due in respect of any debt incurred by tlie Government of Ireland, whether for interest, management, or sinking fimd ; (c) an annual sum of five thousand pounds for the expenses of the household and establishment of the Lord Lieutenant ; (d) all existing charges on the Consoli- dated Fund of the United Kingdom in respect of Irish sei"vices other than the salary of the Lord Lieutenant ; and (e) the salaries and pensions of all judges of the Supreme Court or other superior Court in Ireland or of any county or other hke Court, who are appointed after the passing of this Act, and are not the Exchequer judges hereafter mentioned. (4) Until all charges created by this Act upon the Irish Consolidated Fund and for the time being due are paid, no money shall be issued from the Irish Exchequer for any other purpose whatever. 14. Whenever, by reason of any Act un- lawfully done or omitted to be done by the Irish Government or by any member or officer of that Government, any Foreign Power or the subject of any Foreign Power suffers loss or injury, and any sum of money becomes payable out of the Exchequer of the United Kingdom by way of indemnity or compensation for such loss or injury, such sum shall thereupon be payable to the Ex- chequer of the United Kingdom from the Irish Exchequer, and shall be recoverable according to the provisions of this Act. ( 136 ) THE HOME RULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1893, As introduced. 188G. guaranteed land stock under the Pur- chase of Land (Ireland) Act, 1891, or (c) otherwise have been or are reciuired to be paid out of the Exchequer of the United Kingdom in consequence of the non-payment thereof out of the Ex- chequer of Ireland or otherwise by the Irish Government. (2) If at any time the Controller and Auditor-General of the United Kingdom is satisfled that any such charge is due, he shall certify the amount of it, and the Treasury shall send such certificate to the Lord Lieutenant, who shall thereupon by order, without any counter-signature, direct the payment of the amount from the Irish Exchequer to the Exchequer of the United Kingdom, and such order shall be duly obejed by all persons, and until the amount is wholly paid no other payment shall be made out of the Irish Exchequer for any purpose whatever. (3) There shall be charged on the Irish ConsoUdated Fund next after the foregoing charge : (a) all sums, for dividends or sinking fund on guaranteed land stock under the Purchase of Land (Ireland) Act, 1891, which the Land Purchase Account and the Guarantee Fund under that Act are insufficient to pay ; (6) all sums due in respect of any debt incurred by the Government of Ireland, whether for interest, management, or sinking fund ; (c) an annual sum of five thousand pounds for the expenses of the household and establishment of the Lord Lieutenant ; (rf) all existing charges on the Consolidated Fund of the United Kingdom in respect of Irish services other than the salary of the Lord Lieutenant ; and (e) the salaries and pensions of all judges of the Supreme Court or other superior Court in Ireland or of any county or other like Court, who are appointed after the passmg of this Act, and are not the Exchequer judges hereafter mentioned. (4) Until all charges created by this Act upon the Irish Consolidated Fund and for the time being due are paid, no money shall be issued from the Irish Exchequer for any other purpose whatever. exceeding four per cent, of the amount collected there ; Secondly, of the annual contributions re- quired by this Act to be made to the Consohdated Fund of the L^nited Kingdom ; Thirdly, of the annual sums required by tliis Act to be paid to the Commissioners for the Reduction of the National Debt ; Fourthly, of all sums by this Act declared to be payable out of the mone3^s carried to the Customs and Excise Account ; Fifthly, of all sums due to the Consolidated Fimd of the United Kingdom for interest or sinking fund, in respect of any loans made by the issue of bank annuities or otherwise to the Govern- ment of Ireland under any Act passed in the present session relating to the purchase and sale of land in Ireland, so far as such sums are not defrayed out of the moneys received under such Act. (2) So much of the moneys carried to a separate account under tliis section as the Treasury consider are not, and are not likely to be, required to meet the above-mentioned payments, shall from time to time be paid over and applied as part of the public revenues mider the control of the Irish Government. 15. (1) There shall be charged on the Irish Consolidated Fund in priority as men- tioned in this section : — First, such portion of the sums directed by this Act to be paid out of the monej's carried to the Customs and Excise Account in priority to any payment for the public revenues of Ireland, as those moneys are insufficient to pay ; Secondly, all sums due in respect of any debt incurred by the Government of Ireland, whether for interest, manage- ment, or sinking fund ; Tliirdly, all sums which at the passing of tliis Act are charged on the Consolidated Fund of the United Kingdom in respect of Irish seivices other thanthe salary of the Lord Lieutenant ; Fourtlily, the salaries of all judges of the Supreme Court of Judicature or other superior Court in Ireland, or of any county or other like Court, who are appointed after the passing of tliis Act, and the pensions of sucli judges ; Fifthly, any other sums charged by this Act on the Irisli Consolidated Fund. (2) It shall be the duty of the Legislature of Ireland to impose all such taxes, duties, or imposts as will raise a sufficient revenue to meet all sums charged for the time being on the Irish Consolidated Fund. ( 137 ) THE HOME KULE BILL, 1912, COMPAKED WITH THE PEEVIOUS BILLS. 19]2. into Great Britain from Ii'cland or into Ireland from Great Britain shall be deemed to be article.5 exported or imported for the purposes of info; mation to be furnished under the Customs Consolidation Act, ISTH, and Section 4 of the Revenue Act, 1909, and for the purpose of any duty or drawback payable in the circumstances for which provision is made under this section, but not for any other i>urpose. (2) Whore a customs duty is levied in one country and not in the other, or is levied in both countries but at a liighcr rate in one country than in the other," dutv shall be charged and drawback allowed "in respect of articles being articles produced, prepared, or manufactured abroad as follo^vs — («) The customs duty shall he charged on any such articles brought into the one country from the other country as if they ivere articles imported from abroad, except that in the case of articles produced ctbroad but manufactured or prepared in the country from which they are sent, the customs duty charged shall, if the drawback tvhich would be allowed on the exportation of similar articles from the country into ivhich the articles are brought is less than the duty patjable on importation, be a duty equal to the drawback ; and (b) A drawback shall be allowed on any such articles sent from the one country into the other equal to the drawback which would be allowed upon the exportation of the articles from the country from which they are sent. (3) Where an excise duty "is levied in one country and not in the other, or is levied in both countries, but at a higher rate in the one country than in the other, duty shall be charged and dra\\back allowed in respect of articles being articles produced, prepared, or manufactured in either country as follows : — i (a) A customs duty shall be charged on any such articles brought into the one country from the ether country as if they were articles imported from abroad, equal to the amount of the excise duty levied in the country into ichich they are brought ; and (b) A drawback shall be allowed on any such articles sent from the one country into the other equal to the amount of the excise duty levied in the country ■ from which they"^ are sent. (4) The proceeds of any customs duty charged under this section in Ireland oil any article shall to the extent to which they exceed the proceeds of the customs or excise duty which would have been charged on the article in Great Britain l)e deemed to be the proceeds of a customs duty levied as an Irish tax, if the duty is charged in 1893, As amended. ( 138 I THE HOME RULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1893, As introduced. 1886. I 139 ) THE HOME RULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1912. respect of a difference of customs duties, and be deemed to be the proceeds of an excise duty levied as an Irish tax if the duty is charged in respect of a difference of excise duties, and as to the balance be deemed to be the proceeds of an Imperial tax. (5) Nothing in this section shall affect any enactment imder which articles de- posited in a bonded warehouse A\'ithout payment of duty may be transferred from one country to the other country. Supplemental Provisions as to Transferred Sum and Irish Revenue. 17. (1) The Transferred Sum shall be paid to the Irish Exchequer at such times and in such manner and according to such regulations as the Joint Exchequer Board may direct. (2) In the event of the reduction or dis- continuance of any Imperial tax by the Irish Parliament, " the Transterred Sum shall be reduced in each financial year by such sum as may be determined by the Joint Exchequer Board to represent the amount by wliich the proceeds of the tax are dimi- nished in that year in consequence of the reduction or discontinuance. (3) If in any financial year the proceeds of any Irish tax imposed as an addition to any customs duty levied as an Imperial tax (other than a customs duty on beer or spirits), or to any duty of income tax so levied, or to any death duty so levied, exceed one-tenth of the proceeds in Ireland of that duty as levied as an Imperial tax for the same period, the amoimt of the excess shall not be treated for the purposes of this Act as part of the proceeds of the Irish tax, and the amount payable to the Irish Exchequer in respect of the proceeds of the Irish tax shall be reduced accordingly : Provided that — (rt) For the purposes of this provision, the proceeds of any tax shall be deemed to be the proceeds as deter- mined by the Joint Exchequer Board; and (h) The foregoing provision shall not apply in cases where the excess is solely due to the reduction of the rate of the Imperial tax, (4) When any reserved service is trans- ferred from the Government of the United Kingdo7n to the Government of Ireland, the Transferred Sum shall be increased hy such sum as may be determined by the Joint Exchequer Board to represent the equivalent of any saving to the Exchequer of the United Kingdom by reason of the transfer, and in determining that equivalent regard shall be had to the prospect of any increase or decrease in the cost of that service which may 1893, As amended. ( HO ) THE HOME RULE BILL, 19 J 2, COMPARED WITH THE PREVIOUS BILLS, 1893, As introcluc(>, and transferred to the Irish Land Commission by the Irish Cliurch Act Amendment Act, 1881. ( 145 ) THE HOME RULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1912. 1893, As amended. Supplemental Provisions as lo Irish Exchequer and Consolidated Fund. 21. (1) All Slims paid into the Irish Exchequer shall form a Consolidated Fund, and be appropriated to the public sei'vice of Ireland by Irish Act, and shall not be applied for any puiposc for which they are not so api)roi>riatcd. (2) Save as may be otherwise provided by Irish Act, the existing law relating to the Exchequer and Consolidated Fund of the United Kingdom shall apply ^\ith the necessary modifications to the Irish Ex- chequer and tlic Irish Consolidated Fund, and an officer shall be appointed by the Lord Lieutenant to be the Irish Comptroller and Auditor-General. (3) Save as may be otherwise provided by Irish Act, the accounts of the Irish Consolidated Fund shall be audited as Appropriation Accounts, in manner provided by the Exchequer and Audit Departments Act, 18f)<), and any Act amending the same, by or under the direction of the Irish Comptroller and Auditor-fJcncial. Joint Exchequer Board. 22. (1) For the purposes of the financial provisions of this Act there shall be estab- lished a Board to be called the Joint Exchequer Board, consisting of two members appointed by the Treasury and two members appointed by the Irish Treasury and a Chairman appointed by His Majesty. (2) It shall be the duty of the Joint Exchequer Board to determine any matter which is to be detemiincd by the Board under this Act, and also to determine any other matter in connection with the Trans- fei-red Sum, or Irish revenue or expenditure, or the cost of any reserved service, which may be refcricd to tlicm for determination by the Treasury and the Irish Treasury jointly, and the decision of the Boarrl on any matter which is to be determined by them shall be final and conclusive. (3) Any vacancy arising in the office of a member of the Board, owing to the death, resignation, or incapacity of any member of the Board, shall be filled by the authority ]>y whom the member w hose place is vacant was appointed. C'hare/e of Irish Government Loans on Trans- f erred Sum and Manar/ement bij Joint Exchequer Board. 23. (1) If provision is made by Irish Act for securing any loan raised by the Oovem- ment of Irc'land upon the Transfcrnxl Sum and for the; payment of such part of the Transferred Sum as in the opinion of the Joint Exchequer Board may be required for the services of the loan in each year direct 30. Save as may be otherwise provided by Irish Act — (a) The existing law relating to the Ex- chequer and Consolidated Funtl of the United Kingdom shall apply with the necessary modifications to the Ex- chequer and Consolidated Fund of Ireland, and an officer shall be appointed by the Loid Lieutenant to be the Irish Comptroller and Auditor-General ; and (h) The accounts of the Irish Consolidated Fund shall be audited as appropriation accounts in manner provided by the Exchequer and Audit Departments Act, 1866, by or under the direction of such officer. 146 ) THE HOJUE KULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1893, As introduced. 1880. 31. Save as may be otherwise provided by Irish Act — (a) Tiie existing law relating to the Ex- chequer and Consolidated Fund of the United Kingdom shall apply with the necessary inodifioations to the Ex- chequer and ConsoUdated Fund of Ireland, and an officer shall, be appointed by the Lord Lieutenant to be the Irish Comptroller and Auditor-General; and (b) The accounts of the Irish Consolidated Fund shall be audited as appropriation accounts in manner provided by the Exchequer and Audit Departments Act, 1866, by or under the direction of such officer. 33. Save as otherwise provided by the Irish Legislature — (n) The existing law relating to the Exchequer and the Consolidated Fund of the United Kingdom shall apply to the Irish Exchequer and Consolidated Fund, and an officer siiall from time to time be appointed by the Lord Lieu- tenant to till the office of the Comptroller General of the receipt and issue of Her Majesty's Exchequer and Auditor- General of public accounts so far as respects Ireland ; and (h) The accounts of the Irish Consolidated Fund shall be audited as appropriation accounts in manner provided by the Exchequer and Audit Departments Act, 1866, by or under the direction of the holder of such office. 147 ) THE HOME RULE BILL, 1912, COMPARED AVITH THE PREVIOUS BILLS. 1911 to that Board, the Board may undertake on behalf of the Irish C4ovemment the issue and management of the loan and the apph- cation of the money j)aid to them for the seiTices of the loan. (2) Where provision is so made for the paj^ment of a part of the Transferred Sum to the Joint Exchequer Board in connection with a loan the management of which is undertaken by the Board in accordance with tliis section, the Treasury shall cause the requisite part of the Transferred Sum to be paid to the Joint Exchequer Board instead of to the Irish Exchequer. (3) The accounts of the Joint Exchequer Board in respect of any sums received by them under this section in connection with any loan shall be audited in the same manner as the accounts of the Irish Consolidated Eund are for the time being audited. (4) Any stock or secmities issued in respect of any loan raised by the Irish Government shall be deemed to be included amongst the securities in which a trustee may invest under tlie powers of the Tnistee Act, 1893. Ascertainment of True Irish Bevenue. 24. In ascertaining for the purposes of this Act the proceeds in Ireland of any Imperial tax or of any Irish tax, the Joint Exchequer Board shall treat the proceeds collected in Ireland as the proceeds of the tax in Ireland, subject to such adjustments as the Board think equitable, with a view to attributing to Ireland any proceeds of taxes collected in Great Britain but properly attributable to Ireland, and to attributing to Great Britain any proceeds of taxes collected in Ireland but properly attributable to Great Britain, and ^\■ith a vie^\• to meeting cases where the rate of a tax is, or other conditions afEecting the charge of a tax are, different in Great Britain and Ireland. Alteration of Taxes to be treated as Increases or Reductions of Taxes, as the case maij he. 25. For the purposes of this Act the withdrawal in whole or in part of an exemp- tion from a tax shall be treated as the imposition of an addition to or as the increase of a tax, and the grant or extension of an exemption from a tax shall be treated as a red^lction of a tax, and any other alteration of the provisions ^ \\\i\\ respect to any tax in consequence of which the proceeds of the tax are increased or diminished shall be treated as an in- crease or reduction of the tax, as the case may be. Bevision of Financial Arrangements in Certain Events. 2(3. (1) If it appears to the Joint Ex- 1893, As amended. ( 148 ) THE HOME RULE BILL, 19] 'J, COMPARED WITH THE PREVIOUS BILLS. 1893, As introduced. 1886. ( 149 ) THE HOME RULE BIIL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1912. 1893, As amended. chequer Board that during any three successive j-ears after the passing of this Act, the aggregate of the total proceeds ot Imperial taxes levied in Ireland as deter- mined by the Board, and the total proceeds of Irish taxes as so determined, together \\'ith any share in any miscellaneous revenue of the United Ivingdom to which the Joint Exchequer Board may consider Ireland to be entitled, exceeded in each of those years the amount of the Transferred Sum, together with the cost of any services which are for the time being reserved services, the Board shall present a report to that effect to the Treasury and to the Lord Lieutenant, and the Treasury and the Lord Lieutenant shall cause a copy of the report to be laid before the Parliament of the L'nited Kingdom and the Irish Parlia- ment respectively. (2) The j)resentation of such a report shall be taken to be a ground for the revision by the Parliament of the United Kingdom of the financial provisions of this Act, with a view to securing a proper contribution from Irish revenues towards the common expenditure of the United Kingdom and extending the powers of the Irish Parhament and the Irish Government ^vith respect to the imposition and collection of taxes. (3) For the purpose of revising the financial j^rovisious 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 pojnilation ; 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. His Majesty may by Order in Council make such provision for so summoning the members of the Iiish House ol Commons as His Majesty may think necessary or proper, and any provisions contained in any such Order in Council shall have the same effect as if they had been enacted in this Act. 10. (1) All suras paid or applicable in or towards the discharge of the interest or principal of any local loan advanced before the appointed day on security in Ireland, or otherwise in respect of such loan, which but for this Act would be paid to the National Debt Commissioners, and carried to the Local Loans Fund shall, after the appointed day, be paid, until otherwise provided by Irish Act, to the Irish Exchequer. (2) For the payment to the Local Loans Fund of the principal and interest of such ( 150 ) THE HOME EULE BILL, 1912, COMPAEED WITH THE PEEVIOUS BILLS. 1893, As introduced. 1886. 16. (1) All sums paid or applicable in or towards the discharge of the interest or principal of any local loan advanced before the appointed day on security in Ireland, or otherwise in respect of such loan, which but for this Act would be paid to the Xational Debt Commissioners, and carried to the Local Loans Fund, shall, after the appointed day, be paid, until otherwise provided by Irish Act, to the Irish Exchequer. (2) For the payment to the Local Loans Fund of the principal and interest of such 17. (1) All sums due for principal or interest to the Public Works Loan Commis- sioners or to the Commissioners of Public Works in Ireland in respect of existing loans advanced on any security in Ireland shall on and after the appointed day be due to the Government of Ireland instead of the said Commissioners, and such body of persons as the Goveniment of Ireland may appoint for the purpose shall have all the powers of the said Commissioners or their secretary- for enforcing payment of such sums, and all ( 151 THE HOME RULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1912. 1893, As amended. loans, the Irifch Government shall after the appointed day pay by half-yearly iJayments an annuity for forty-nine years, at the rate of four per cent, on the j)rineipal of the said loans, exclusive of any sums written off before the appointed day from the account of assets of the Ijoeal Loans Fund, and such annuity shall be paid from the Irish Ex- chequer to the Exchequer of the United Kingdom, and when so jiaid sliall be fortli- with paid to the National Debt Commis- sioners for the credit of the Local Loans Fund. (3) After the appointed day. money for loans in Ireland shall cease to be advanced either by the Public Works Loan Commis- sioners or out of the Local Loans Fund. 17. (1) So much of any Act as directs payment to the Local Taxation (Ireland) Account of any share of probate, excise or customs duties shall, together with any enactment amending the same, be repealed as from the appointed day without prejudice to the adjustment of balances after that day ; but until otherwise provided by Irish Act, the like amounts shall be paid out of the Irish Exchequer to the Guarantee Fund or Local Taxation (Ireland) Account as would have been paid out of the said duties if this Act had not passed. (2) The like amounts shall continue to be paid out of the aggregate of the said duties to the Local Taxation Accounts in Enoland and Scotland as would have been paid it this Act had not passed, and any residue of the said duties which forms part of the revenue of Great Britain .shall be paid into the Ex- chequer of the L^nited Kingdom. (3) Notwithstanding anvthing in the Purcha.se of Land (Ireland) Act, 1891, the advances made by the issue of guaranteed land stock under that Act shall not, save as in section nine of that Act provided, exceed twenty -five times the shareof each county in the guarantee fund, which shall be ascer- tained on the basis of the financial year in which this Act is passed. (4) The general revenue of Ireland and the sums imyable thereout shall be paid to and from such account and in such manner as the Treasury direct. (5) \^'here any sum payable by virtue of this Act to the E.xchequer of the United Kingdom is required by law to be forthwith paid to the National Debt Commissioners or to any other person, that sum may be .so paid without being paid into the Exchequer. (6) All sums by this Act made payable from the Exchequer of the United Kingdom shall be charged on and paid out of the Con- solidated Fund of the United Kingdom. ( 152 ) THE HOME RULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 18931 As introduced, 1886. loans, the Irish Government shall after the appointed day pay by half-yearly payments an annuity for forty -nine years, at the rate of jotir per cent, on the principal of the said loans, exclusive of any sums written off before the appointed day from the account of assets of the Local Loans Fund, and such annuity shall be paid from the Irish Ex- chequer to the Exchecjuer ot the United Kingdom, and when so paid shall be forth- with paid to the National Debt Commis- sioners for the credit of the Local Loans Fund. (3) After the appointed day, money for loans in Ireland shall cease to be advanced either by the Public Works Loan Commis- sioners or out of the Local Loans Fund. 17. (1) So much of any Act as directs payment to the Local Taxation (Ireland) Account of any share of probate, excise, or customs duties payable to the Exchequer of the United Kingdom shall, together with any enactment amending the same, be re- pealed as from the appointed day without prejudice to the adjustment of balances after that day ; but the like amounts shall continue to be paid to the Local Taxation Accounts in England and Scotland as would have been paid if this Act had not passed, and any residue of the said share shall be paid into the Exchequer of the United Kingdom. (2) The stamp duty chargeable in respect of the personalty of a deceased person shall not in the case of administration granted in Great Britain be chargeable in respect of any personalty situate in Ireland, nor in the case of administration granted in Ireland be chargeable in respect of any personalty situate in Great Britain ; and any adminis- tration granted in Gi-reat Britain shall not, if re-sealed in Ireland, be exempt from stamp duty on administration granted in Ireland, and any administration granted in Ireland shall not, when re-sealed in Great Britain, be exempt from stamp duty on administra- tion granted in Great Britain. (3) In this section the expression '' ad- ministration " means probate or letters of administration, and as respects Scotland, confirmation inclusive of the inventory required under the Acts relating to the said stamp duty, and the expression " per- sonalty " means personal or movable estate and effects. securities for such sums given to such Com- missioners or their secretarj- shall have effect as if the said body were therein substituted for those Commissioners or their secretary. • (2) For the repayment of the said loans to the Consolidated Fund of the United Kingdom the Irish Government shall pay annually into that fund bj- half-yearly pay- ments on the iirst day of Jamiary and the first day of July, or on such other days as may be agreed on. such instalments of the principal of the said loans as will discharge all the loans within thirty years from the appointed day, and shall also pay interest half-yearly on so much of the said principal as from time to time remains impaid at the rate of three per cent, per annum, and such instalments of principal and interest shall be jjaid out of the moneys carried to the Customs and Excise Account inider this Act, and if those are insufficient, out of the Consolidated Fund of Ireland. 18. If Her Majesty declares that a state of war exists and is pleased to signify such declaration to the Irish Legislative Body by speech or message, it shall be lawful for the Irish Legislature to appropriate a further sum out of the Consolidated Fund of Ireland in aid of the Armj- or Navy, or other measures which Her Majesty may take for the prosecu- tion of the war and defence of the realm, and to provide and raise money for that purpose ; and all moneys so provided and raised, whether by loan, taxation, or otherwise,, shall be paid into the Consolidated Fund of the United Kingdom. {See p. 28, col. 2.) ( 153 ) THE HOME RULE BILL. 1912, COMPARED WITH THE PREVIOUS BILLS. 1912. 1893, As amended. PROVISIONS AS TO JUDICIAL POWER. Tenure of Office by Judges. 27. A judge of tlie Supreme Court or other superior eourt in Ireland, or of any county court or other court \nth a like jurisdintion in Irehmd. appointed after the passing of this Act, shall be ajipointed by the Lord Lieutenant, and shall hold his office by the same tenure as that by -wliich the office is held at the time of the passing of this Act. with the sub,«titution of an address from both Houses of the Irish Pailiament for an address from both Houses of the ParUament of the United Kingdom, and during his continuance in office his salary shall not be diminished or his right to pension altered without his consent. 25. A judge of the Supreme Court or other superior court in Ireland, or of any county court or other court with a like jurisdiction in Ireland, appointed after the passing of this Act, shall be appointed by the Lord Lieu- tenant, and shall not be removed from his office except in pursuance of an addi'ess from the two Houses of the Legislature of Ireland, nor during his continuance in office shall his salary be diminished or right to pension altered without his consent. 19. (1) Two of the judges of the Supreme Court in Ireland shaU be Exchequer judges, and shall be appointed under the great seal of the United Kingdom ; and their salaries and pensions shall be charged on and paid out of the Consolidated Fund of the United Kingdom. (2) The Exchequer judges shall be re- movable only by Her Majesty on address from the two Houses of Parliament, and each such judge shall, save as otherwise provided by Parliament, receive the same salary and be entitled to the same pension as is at the time of his appointment fixed for the puisne judges of the Supreme Court, and during his continuance in office his salary shall not be diminished, nor his right to pension altered, without his consent. (3) An alteration of any rules relating to such legal proceedings as are mentioned in this section shall not be made except with the approval of Her Majesty the Queen in Council ; and the sittings of the Exchequer judges shall be regulated with the like approval. (4) The Queen in Council may make rules respecting all legal proceedings in Ireland, wliich are instituted at the instance of or against the Treasury or Commissioners of Customs, or any of their officers, or relate to the election of members to serve in Parlia- ment, or touch any matter not Avithin the powers of the Irish Legislature, or touch any inatter affected by a law which the Irish Legislature have not power to repeal or alter, and subject to such rules, all such proceed- ings shall, if so required by any party to such ( 154 ) THE HOME RULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1893, As introdiicfd. 1886. 26. A juckcof the Supreme Court or other superior court in Ireland, or of any county court or other court with a like jurisdiction in Ireland, appointed after the passin;^: of this Act, shall not he r>. moved from his office except in ])ursuancc of an address from the two Houses of the Le.nslature of Ireland, nor during his continuance in office shall his salary bo diminished or right to pension altered without his consent. 19. ( 1 ) Two of the judges of the Supreme Court in Ireland shall be Exchequer judges, and shall be appointed imder the great seal of the United Kingdom ; and their salaries and pensions shall be charged on and paid out of the Consolidated Fund of the United Kingdom. (2) The Exchequer judges shall be re- movable only by Her Majesty on address from the two Houses of Parliament, and each such judge shall, save as otherwise pro- vided by Parliament, receive the same salary and be entitled to the same pension as is at the time of his appointment fixed for the puisne judges of the Supreme Court, and during his continuance in office liis salary shall not be diminished, nor his right to pension altered, without his consent. (3) An alteration of any rules relating to such legal proceedings as are mentioned in this section shall not be made except with the approval of Her Majesty the Queen in Council ; and the sittings of the Exchequer judges shall be regulated with the like approval. (4) All legal proceedings in Ireland, which are instituted at the instance of or against the Treasury or Commissioners of Customs, or any of their officers, or relate to the elec- tion of members to serve in Parliament, or touch any matter within the powers of the Irish Legislature, or touch any matter affected by a law which the Irish Legislature have not power to repeal or alter, shall, if so required by any party to such proceedings, be heard and determined before the Ex- chequer judges or (except where the case 27. A judge of the Supreme Court of Judicature or other superior court of Ireland, or of any county court or other court vvith a like jurisdiction in Ireland, appointed after the passing f)f this Act, shall not be removed from his office except in pursuance of an address to Her jMajesty from both orders of the Legislative Body voting separatelv, nor shall his salary be diminished or right to pension altered during his continuance in office. 20. (1) On and after the appointed dav, the Exchequer Division of the High Court of Justice shall continue to be a Court of Ex- chequer for revenue purposes under this Act, and whenever any vacancy occurs in the office of any judge of such Exchequer Division, his successor shall be appointed bv Her Majesty on the joint recommendation of the Lord Lieutenant of Ireland and the Lord High Chancellor of Great Britain. (2) The judges of such Exchequer Division appointed after the passing of this Act shall be removable only by Her Majesty on address from the two Houses of the Imperial Parliament, and shall receive the same salaries and pensions as those paj-able at the passing of this Act to the existing judges of such division, unless with the assent of Her Majesty in Council first obtained, the Irish Legislature alters such salaries or pensions, and such salaries and pensions shall be paid out of the moneys carried to the Customs and Excise Account in pursuance of this Act, and of the same are insufficient shall be paid out of the Irish Consolidated Fund, and if not so paid shall be paid out of the Consolidated fund of the Ignited Kingdom. (3) An alteration of any rules relating to the procedure in such legal proceedings as are mentioned in this section shall not be made except \\ith the approval of the Lord High Chancellor of Great Britain, and the sittings of the Exchequer Division and the judges thereof shall be regulated with the like approval. (4) All legal proceedings instituted in Ireland by or against the Commissioners or any officers of customs or excise, or the Treasur}% shall, if so required by any party to such proceedings, be heard and deter- mined before the judges of such Exchequer Division, or some or one of them, and any appeal from the decision in any such legal proceeding, if by a judge, shall lie to the said division, and if by tlie Exchequer Divisj'or, shall lie to the House of Lords, and not t.) any other tribunal ; 155 THE HOME EULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1912. 1893, As amended. Irish Appeals. 28. (1) The appeal from courts in Ireland to the House of Lords shall cease ; and where any person would, but for tliis Act, have a right to appeal from any court in Ireland to the House of Lords, that person shall have the like right to appeal to His Majesty the King in Council ; and all enactments relating to appeals to His Majesty the King in Council, and to the Judicial Committee of the Privy Council, shall apply accordingly. (2) When the Judicial Committee sit for hearing any appeal from a court in Ireland in pursxiance of any provisions of this Act, there shall be present not less than four Lords of Appeal, \\'ithin the meaning of the Appellate Jurisdiction Act, 187B, and at least one member who is or has been a judge proceedings, be heard and determined before the Exchequer judges, or (except where the case requires to be determined by two judges) before one of them, and in any such legal proceeding an appeal shall, if any party so requires, lie from any court of first instance in Ireland to the Exchequer judges, and the decision of the Exchequer judges shall be subject to appeal to Her Majesty the Queen in Council and not to any other tribunal. (5) If it is made to appear to an Ex- chequer judge that any decree or judgment in any such proceeding as aforesaid has not been duly enforced by the sheriff or other officer whose duty it is to enforce the same, such judge shall appoint some officer whose duty it shall be to enforce that judgment or decree ; and for that purpose such officer and all persons employed by him shall be entitled to the same privileges, immunities, and powers as are by law conferred on a sheriff and his officers. (6) The Exchequer judges, when not engaged in hearing and determining such legal proceedings as above in this section mentioned, shall perform such of the duties ordinarily performed by other judges of the Supreme Court in Ireland as may be assigned by Her Majesty the Queen in Council. (7) All sums recovered by the Treasury or the Commissioners of Customs or any of their officer's, or recovered under any Act relating to duties of customs, shall, notwithstanding anything in any other Act, be paid to such public account as the Treasury or the Commissioners direct. (8) This section shall apply, in the case of the Commissioners of Inland ReA'enue and the Postmaster-General, and their and his officers, as if Commissioners of Customs included the said Commissioners of Inland Revenue and Postmaster-General. 21. (1) The appeal from courts in Ireland to the House of Lords shall cease ; and where any person would, but for this Act, have a right to appeal from any court in Ireland to the House of Lords, such person shall have the like right to appeal to Her Majesty the Queen in Council ; and the right so to appeal shall not be affected by any Irish Act ; and all enactments relating to appeals to Her Majesty the Queen in Council, and to the Judicial Committee of the Privy Council, shall apply accordingly. (2) When the Judicial Committee sit for hearing appeals from a court in Ireland, there shall be present not less than four Lords of Appjal, v/ithin the meaning of the Appellate Jurisdiction Act, 187G, and at least one member who is or has been a judge of the Supreme Court in Ireland. ( 15C ) THE HOME EITLE BILL. 1912, COMPARED "WITH THE PREVIOUS BILLS. 1893, As introduced. 1881). requires to be determined by two judges) before one of them, and in an}- sucli legal proceeding an appeal shall, if anj' part}' so requires, Ue from any court of first instance in Ireland to the Exchequer judges, and the decision of the Exchequer judges shall be subject to appeal to Her Majesty the Queen in Council and not to anv other tribunal. (5) If it is made to api)ear to an Exchequer judge that any decree or judgment in any such proceeding as aforesaid has not been duly enforced by the sheriff or other officer whose duty it is to enforce the same, such judge shall appoint some officer whose duty it shall be to enforce the judgment or decree : and for that puq)0se such officer and all persons employed by him shall be entitled to the same privileges, immimities, and powers as are by law conferred on a sheriff and his officers. (6) The Exchequer judges, when not en- gaged in hearing and determining such legal proceedings as above in this section men- tioned, shall perform such of the duties ordinarily performed by other judges of the Supreme Court in Ireland as may be assigned by Her Majesty the Queen in Coimcil. (7) AU sums recovered by the Treasury or the Commissioners of Customs or any of their officers, or recovered under any Act relating to duties of customs, shall, notwithstanding anything in any other Act, be paid to such public account as the Treasury or the Com- missioners direct. 22. (1) The appeal from courts in Ireland to the House of Lords shall cease ; and where any person would, but for this Act, have a right to appeal from any court in Ireland to the House of Lords, such person shall have the like right to appsal to Her Majesty the Queen in Council ; and the right so to appeal shall not be affected by any Irish Act ; and all enactments relating to appeals to Her Majesty the Queen in Council, and to the Judicial Committee of the Privy Council, shall apply accordingly. (2) When the Judicial Committee sit for hearing appeals from a court in Ireland, there shall be present not less than four Lords of Appeal, within the meaning of the Appel- late .Jurisdiction Act, 1876, and at least one member who is or has been a judge of the Supreme Court in Ireland. and if it is made to appear to such judges, or any of them, that any decree or judgment in any such pro- ceeding as aforesaid, has not been duly enforced by the sheriff or other officer whose duty it is to enforce the same, such judges or judge shall appoint some officer to enforce such judgment or decree ; and it shall be the duty of such officer to take proper steps to enforce the same, and for that pui-pose such officer and all persons employed by him shall be entitled to the same immunities, powers, and privileges as are by law conferred on a sheriff and his officers. (5) All sums recovered in respect of duties of customs and excise, or under any Act relating thereto, or by an officer of customs or excise, shall, iiot\^ithstanding anything in any other Act, be paid to the Treasuiy, and carried to the Customs and Excise Account under this Act. ( 157 ) THE HOME RULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1912. 1893, As amended. of the Supreme Couit in Ireland. (3) A rota of privy councillors to sit for hearing appeals from courts in Ireland shall be made annually by His Majesty in Council, and the privy councillors, or some of them, on that rota shall sit to hear the said ajipcals. A casual vacancy occurring in the rotp. fluring the year may be filled by Order in Council. (4) Nothing in this Act shall aifect the jurisdiction of the House of Lords to deter- mine the claims to Irish jieerages. Special Provision for Decision of Constitutional Questions. 29. (1) If it appears to the Lord Lieu- tenant or a Secretary of State expedient in the public interest that steps shall be taken for the speedy determination of the question \\hether any Irish Act or any provision thereof, or any Irish Bill or any provision thereof, is beyond the powers of the Irish Parliament, he may represent the sam.e to His ]\!ajesty in Council, and there- upon the raid question sliall be forthwith referred to and heard and deteimined by the Judicial Committee of the Privy Council, constitutcfl as if hearing an appeal from a court in Ireland. (2) Upon the hearing of the question such persons as seem to the .ludicial Com- mittee to be interested may be allowed to appear and be heard as parties to the case, and the flecision of the Judicial Committee shall be given in like manner as if it were the decision of an appeal, the nature of the report or recommendation to His Majesty being stated in open court. (3j Nothing in this Act shall prejudice any other jiower of His Majesty in Council to refer any question to the Judicial Com- mittee or the right of any person to petition His Majesty for such reference. (3) A rota of privy councillors to sit for hearing appeals fi'om courts in Ireland shall be made annually by Her Majesty in Council, and the privy councillors, or some of them, on that rota shall sit to hear the said appeals. A casual vacancy in such rota during the j^ear may be filled by Order in Council. (4) Nothing in this Act shall affect the jurisdiction of the House of Lords to deter- mine the claims to Irish peerages. 22. (1) If it appears to the Lord Lieu- tenant or a Secretary of State expedient in the public interest that steps shall be taken for the speedy determination of the question whether any Irish Act or any provision thereof is beyond the powers of the Irish Legislature, he inny represent the same to Her Majesty in Council, and thereupon the said question shall be forthwith referred to and heard and determined by the Judicial Committee of the Privy Council, constituted as if hearing an appeal from a court in Ireland. (2) Upon the hearing of the question such persons as seem to the .Judicial Committee to be interested may be allowed to appear and be heai'd as parties to the case, and the decision of the Judicial Committee shall be given in like manner as if it were the decision of an appeal, the nature of the report or recommendation to Her Majesty being stated in open court. (3) Nothing in this Act shall prejudice any other power of Her Majesty in Council to refer any question to the .Judicial Committee or the right of any person to petition Her Majesty for such reference. 158 ) THE HOME RULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1893, As introduced. 1886. (3) A rota of privy councillors to sit for hearing appeals from courts in Ireland shall be made annually by Her Majesty in Council, and the privy councillors, or some of them, on that rota shall sit to hear the said appeals. A casual vacancy in such rota during the year may be filled by Order in Council. (4) Xothing in this Act shall affect the jurisdiction of the House of Lords to deter- mine the claims to Irish peerages. 23. (1) If it appears to the Lord Lieu- tenant or a Secretary of State expedient in the pubUc interest that steps shall be taken for the speedy determination of the question whether any Irish Act or any provision thereof is beyond the powers of the Irish Legislature, he may represent the same to Her Majesty in Comicil, and thereupon the said question shaU be forthwith referred to and heard and determined by the Judicial Committee of the Privy Council, constituted as if hearing an appeal from a court in Ireland. (2) Upon the hearing of the question such persons as seem to the Judicial Committee t ) be interested may be allowed to appear and be heard as parties to the case, and the decision of the Judicial Committee shall be given in like manner as if it were the decision of an appeal, the nature of the report or recommendation to Her Majesty being stated in open court. (3) Nothing in this Act shall prejudice any other power of Her Majesty in Council to refer any question to the Judicial Committee or the right of any person to petition Her Majesty for such reference. 36. Save as is in this Act provided with respect to matters to be decided by Her Majesty in Council, nothing in tliis Act shall affect the appellate jurisdiction of the House of Lords in respect of actions and suits in Ireland, or the jurisdiction of the House of Lords to determine the claims to Irish peerages. 25. Questions arising as to the powers con- ferred on the Legislature of Ireland under this Act shall be determined as follows : — (a) If any such question arises on any Bill passed by the Legislative Body, the Lord Lieutenant may refer such ques- tion to Her Majesty in Coimcil ; (b) If, in the course of any action or other legal pi'oceeding, such question aiises on any Act of the Irish Legislature, any party to such action or other legal pro- ceeding may, subject to the rules in this section mentioned, appeal from a de- cision on such question to Her Majesty in Council ; (c) If any such question arises otherwise than as aforesaid on any Act of the Irish Legislature, the Lord Lieutenant or one of Her Majesty's principal Secretaries of State may refer such question to Her Majesty in Council ; (d) Any question referred or appeal brought under this section to Her Majesty in Council shall be referred for the consideration of the Judicial Com- mittee of the Privy Council ; (e) The decision of Her Majesty in Council on any question referred or appeal brought under this section shall be final, and a BUI which may be so decided to be, or contain a provision, in excess of the powers of the Irish Legislature shall not be assented to by the Lord Lieu- tenant ; and a provision of any Act whicli is so decided to be in excess of the powers of the Irish Legislature shall be void ; (/) There shall be added to the Judicial Committee when sitting for the purpose of considering questions under this section, such members of Her Majesty's Privy Council, being or having been Irish judges, as to Her Majesty may seem meet ; {g) Her Majesty may, by Order in Council ( 159 ) THE HOME EULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1912. 1893, As amended. Afpeal in Cases where the Validity of an Irish Laio is Questioried. 30. (1) Where any decision of the Court of Appeal in Ireland involves the decision of any question as to the validity of any la^^' made by the Irish Parliament, and the decision is not other\nse subject to an appeal to His Majesty the King in Coimcil, an appeal shall lie to His Majesty the King in Council by virtue of this section, but only by leave of the Court of Appeal or His Majesty. (2) Where any decision of a court in Ireland involves the decision of any question as to the validity of any law made by the Irish Parliament, and the decision is not subject to any appeal to the Court of Appeal in Ireland, an appeal shall lie to the Court of Appeal in Ireland by virtue of this section. LORD LIEUTENANT. Ofjice of Lord Lieutenant. 31. (1) Notwithstanding anything to the contrary in any Act, every subject of His Majesty shall be qualified to hold the office of Lord Lieutenant of Ireland, mthout reference to liis religious belief. (2) The term of office of the Lord Lieu- tenant shall be six years, without prejudice to the power of His Majesty at any time to revoke the appointment. (3) The salary and expenses of the Lord Lieutenant shall be paid out of moneys provided by the Parliament of the United Kingdom, but there shall be deducted from the Transferred Sum in each year, towards the payment of the Lord Lieutenant's salary, a sum of five thousand 'pounds. 23. (1) Notwithstanding anything to the contrary in any Act, every subject of the Queen shall be qualified to hold the office of Lord Lieutenant of Ireland, without reference to his religious belief. (2) The term of office of the Lord Lien- tenant shall be six years, without pi'ejudice to the power of Her Majesty the Queen at any time to revoke the appointment. ( 160 ) THE HOME EULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1893, As introduced. 1886. 24. (1) Notwithstanding anything to the contrary in any Act, every subject of the Queen shall be qualified to hold the office of Lord Lieutenant of Ireland, without reference to his religious belief. (2) The term of office of the Lord Lieu- tenant shall be six years, Avithout prejudice to the power of Her Majesty the Queen at any time to revoke the appointment. from time to time, make rules as to the cases and mode in which and the con- ditions under which, in pursuance of tliis section, questions may be referred and appeals brought to Her Majesty in Council, and as to the consideration thereof by the Judicial Committee of the Privy Council, and any rules so made shall be of the same force as if they were enacted in this Act ; (7i) Ai appeal shall not lie to the House of Lords in respect of any question in respect of which an appeal can be had to Her Majesty in Council in pursuance of this section. 26. (1) Notwithstanding anything to the contrary contained in any Act of Parlia- ment, every subject of Her Majesty shall be eligible to hold and enjoy the office of Lord Lieutenant of Ireland, without reference to his religious belief. (2) The salary of the Lord Lieutenant shall continue to be charged on the Consolidated Fund of the United Kingdom, and the ex- penses of his household and establishment shall continue to be defrayed out of monej's to be provided bj' Parliament. (3) All existing powers vested by Act of Parliament or otherwise in the Chief Secre- tary for Ireland maj% if no such officer is appointed, be exercised by the Lord Lieu- tenant until other provision is made by Act of the Irish Legislature. (4) The Legislature of Ireland shall not pass any Act relating to the office or functions of the Lord Lieutenant of Ireland. ( 161 ) THE HOME RULE BILL. 1912, COMPAKED WITH THE PREVIOUS BILLS. 1912. 1893, As amended. PROVISIONS AS TO EXISTING JUDGES AND IRISH OFFICERS. Piovisions as to Existing Jvdgcs and Other Persons. 32. (1) All existing judges of the Supreme Court, and county court judges, and all existing Irish officers serving in an established capacity in the civil service of the Cro^vn and receiving salaries charged on the Consohdated Fund of the United Kingdom, shall, if at the date of the passing of this Act they are removable only on address from both Houses of Parliament of the United Kingdom, continue to be removable only upon such an address, and if removable in any other manner shall continue to be removable only in the same manner as before that date ; and shall continue to receive the same salaries, gratuities and pensions, and to be liable to perform the same duties as before that date or such duties as His Majesty may declare to be analogous, and their salaries and pensions shall be paid out of the Exchequer of the United Kingdom, and all sums so paid shall be made good by means of deductions from the Transferred Sum under this Act in accordance AWth regulations made by the Treasury. (2) If any of the said judges or officers retire from office ivith His Majestifs appro- bation before completion of the period of service entitling him to a pension, His Majesty may, if he thinks fit, after considering any representation that may be made by the Irish Government, grant to him such pension, not exceeding the pension to which he would on that completioyi have been entitled, as His Majesty thinks proper. (3) Sub-section (1) of this section shall apply to existing Irish officers sei-ving in an established capacity in the civil service of the C^o^vn. who, although receiving salaries payable out of money provided by the PaTlia- ment of the United Kingdom and not charged on the Consohdated Fund, are removable only for misconduct or incapacity. Continuation of Service of, and Compensation to. Existing Officers. 33. (!) Subject to the provisions of this Act, all existing Irish officers in the civil service of the Crown who are not provided for under the last preceding section and are on the appointed day serving as Irish officers shall, after that day, continue to hold their offices by the same tenure and upon the same terms and conditions (including conditions as to remuneratioij and super- annuation) as theretofore, and shall be 26. (1) All existing judges of the Supreme Court, county court judges, and Land Com- missioners in Ireland, and all existing officers serving in Ireland in the permanent civil service of the CrowTi and receiving salaries charged on the Consolidated Fund of the United Kingdom, shall, if they are removable at present on address from both Houses of Parliament, continue to be removable only upon such address, and if removable in any other manner shall continue to be removable only in the same manner as heretofore ; and shall continue to I'eceive the same salaries, gratuities, and pensions, and to be liable to perform the same duties as heretofore, or such duties as Her Majesty may declare to be analogous, and their salaries and pensions shall be paid out of the Exchequer of the United Kingdom, and all sums so paid shall be repaid to that Exchequer from the Irish Exchequer : Provided that this section shall be subject to the provisions of this Act with respect to the Exchequer judges. (2) If any of the said judges, commis- sioners, or officers retires from office with the Queen's approbation before completion of the period of service entitling him to a pension, Her Majesty may, if she thinks fit, after considering any representation that may be made by the Irish Government, grant to him such pension, not exceeding tiie pension to wliich he would on that comple- tion have been entitled, as to Her Majesty seems meet. (3) Sub-section one of this section shall apply to existing officers serving in Ireland in the permanent civil service of the Crown, who, although receiving salaries out of money provided by Parhament, are remov- able only for misconduct or incapacity. 27. (1) All existing officers in the per- manent civil service of the Crown, who are not above provided for, and are at the appointed day serving in Ireland, shall after that day continue to hold their offices by the same tenure and to receive the same salaries, gratuities, and pensions according to the scale of the class to A^hich they belong and to be liable to perform the same duties as here- tofore or such duties as the Treasury in com- ( 162 ) THE HOME RULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1893, As introduced. 1886. 27. (1) All existing judges of the Supreme Court, county court judges, and Land Com- missioners in Ireland and all existing officers serving in Ireland in the permanent civil service of the Crown and receiving salaries charged on the Const)lidated Fund of the United Kingdom, shall, if they are remov- able at present on address from both Houses of Parliament, continue to bo removable only upon such address, and if removable in any other manner shall continue to bo re- movable only in tlie same manner as hereto- fore ; and shall continue to receive the same salares. gratuities, and pensions, and to be liable to perfoi'm the same duties as hereto- fore, or such duties as Her Majesty may declare to be analogous, and their salaries and pensions, if and so far as not paid out of the Irish Consolidated Fund, shall be paid out of the Exchequer of the United Kingdom : Provided that tliis section shall be subject to the provisions of this Act with respect to the Exchequer judges. (2) If any of the said judges, commis- sioners, or officers retires from office with the Queen's approbation before completion of the period of service entitling him to a pension. Her Majesty may, if she thinks fit, grant to him such pension, not excecdiyig the pension to which he would on that completion have been entitled, as to Her Majesty seems meet. 28. (1) All existing officers in the per- manent civil service of the Crown, who are not above provided for, and are at the appointed day serving in Ireland, shall after that day continue to hold their offices by the same tenure and to receive the same salaries, gratuities, and pensions, and to bo liable to perform the same duties as heretofore or such duties as the Treasury may declare to be analogous ; and the said gratuities and pen- 28. (1) All piii'sons who at the passing of this Act are judges of the Supreme Court of Judicature or county court judges, or hold any other judic^ial position in Ireland, shall, if they are removable at present on address to Her Majesty of both Houses of Parlia- ment, continue to be removable only upon such address from both Houses of the Imperial Parliament, and if removable in. any other manner shall continue to be re- movable in like manner as heretofore ; and such persons, and also all persons at the passing of this Act in the permanent civil service of the Crown in Ireland whose salaries are charged on the Consolidated Fund of the United Kingdom, shall con- tinue to hold office and to be entitled to the same salaries, pensions, and superannuation allowances as heretofore, and to be liable to perform the same or analogous duties as heretofore ; and the salaries of such persons shall be paid out of the moneys carried to the Customs and Excise Account under this Act, or if these moneys are insufficient, out of the Irish Consolidated Fund, and if the same are not so paid, shall continue charged on the Consolidated Fund of the United Kingdom. (2) If any of the said persons retires from office with the approbation of Her Majesty before he has completed the period of service entitling him to a pension, it shall be lawful for Her Majesty, if she thinks fit, to grant to that person such pension, not exceeding the pension to ivhich he would have been entitled if he had completed the said period of service, as to Her Majesty seems meet. 29. (1) All persons not above provided for and at the passing of this Act serving in Ireland in the permanent civil service of the Crown shall continue to hold their offices and receive the same salaries, and to be entitled to the same gratuities and superannuation allowances as heretofore, and shall be liable to perform tiie same duties as heretofore or duties of similar rank, but any of such persons shall be entitled at the expiration ( 163 ) G 2 THKl HOME RULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1912. 1893, As amended. liable to perform the same duties as thereto- fore, or such duties as tlae Civil Service Committee established under tliis Act may declare to be analogous, and while performing the same or analogous duties shall receive not less remuneration than they Avould have received if tills Act had not passed : Provided that notwithstanding the pro- vision hereinbefore contained as to the tenure of existing Irish officers, any existing Irish officer who at the time of the passing of this Act is removable from his office by His Majesty, or by the Chief Secretary, or by any person other than the Lord Lieutenant, or in any special manner, may be removed from his office after the passing of this Act by the Lord Lieutenant. (2) The Superannuation Acts, 1834 to 1909, shall continue after the appointed day to apply to any such existing Irish officer to whom they then apply, and the service of any such officer under the Irish Govern- ment shall, for the purpose of those Acts, be deemed to be service in the permanent civil service of the Crown and in a public office within the meaning of the Super- annuation Act. 1892 : Provided that so far as relates to the grant and ascertainment of the amount of any allowance or gratuity under those Acts as respects any such officer who at the time ■ of his ultimate retirement is sei^ving under the Irish Government, the Civil Service Committee shall be substituted for the Treas^lr5^ (3) The provisions as to compensation contained in the Tliird Schedule to this Act shall apply with respect to any such existing Irish officer. (4) The superannuation and other allow- ances and gratuities which may become payable after the passing of this Act to existing Irish Officers in the civil sennce of the Crovm under the Superannuation Acts, 1834 to 1909, and any compensation payable to any such officers under the provisions of this Act, shall be paid out of moneys provided hy the Parliament of the United Kingdom, but any sums so paid shall be made good by means of deductions from the Transferred Sum under this Act in accordance with regulations made by the Treasury. (5) The Pensions Commutation Acts, 1871 to 1882, shall apply to any person to whom an annual allowance is granted in pursuance of the provisions of this Act relating to existing officers aa they apply to a person who has retired in consequence of the abolition of hig office. munication with the Irish Government may declare to be analogous ; and during the period of five years after the passing of this Act (in this section and the Fourth Schedule referred to as the transitional period), the said gratuities and pensions shall be awarded by the Treasury after communicating with the Irish Government, and the gratuities and pensions so awarded and the said salaries shall be paid to the payees by the Treasury out of the Exchequer of the United Kingdom. (2) Any such officer shall during the tran- sitional period hold office unless he — (a) leaves the service on a medical certifi- cate, or under the existing rules as to age, or is dismissed for misconduct or incapacity ; or (6) is removed upon an abolition of office or reorganisation of department which does not involve the appointment of any new officer ; or (c) resigns under this section ; or {d) is required by the Irish Government to retire. Provided that — (i) six months written notice of resignation under this section or of required retire- ment shall, unless it is otherwise agreed, be given either by the said officer or by the Irish Government as the case requires ; and (ii) before the end of the transitional period such number of officers only shall resign under this section, or be required to retire at one time and at such inter- vals of time as the Treasury, after com- munication with the Irish Government, sanction, so, however, that a notice to resign under this section given by an officer shall, unless withdrawn, operate at the end of the transitional period if he has not sooner left the service ; and (iii) an officer resigning under this section shall show that he is not incapacitated by mental or bodily infirmity for the performance of his duties, and that he will not be required under the existing rules as to age to retire before the end of the transitional period, and otherwise he shall not be entitled to any further gratuity or pension that he would have been entitled to if he had left the service on a medical certificate. (3) Upon any such removal, or resignation under this section, or required retirement, there may be awarded to the officer by the Treasury, after communication with the Irish Government, a gratuity or pension in accordance with the Fourth Schedule to this Act, and for that purpose his service shall l)e reckoned as if it had continued to the end of the transitional period, or to any earlier date at which under the existing rules as to age he will be required to retire. 164 ) THE HOME RULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1893, As introduced. tions, and until three years after the passing of this Act, the salaries due to an;/ of the said officers, if remaining in his existing office, sJiall be paid to the payees by the Treasury out of the Exchequer of the United Kingdom. (2) Any such officer may after three years from the passing of this Act retire from office, and shall, at any time during those three years, if required by the Irish Govern- ment, retire from office, and on any such retirement may be awarded bj' the Treasury a gratuity or pension in accordance with the Fifth Schedule to this Act ; Provided that — (a) six months' written notice shall, unless it is otherwise agreed, be given either by the said officer or by the Irish Govern- ment as the case requires ; and (6) such number of officers only shall retire at one time and at such intervals of time as the Treasury, in communication with the Irish Government, sanction. (3) If any such officer does not so retire, the Treasury may award him after the said three years a pension in accordance with the Fifth Schedule to this Act wliich shall become payable to him on his ultimate retirement from the service of the Crown. 1886. of two years after the passing of tliis Act to retire from office, and at any time if required by the Irish Government shall retire from office, and on any such retirement shall be entitled to receive such payment as the Treasury may award to him in accordance with the provisions contained in the Fourth Schedule to this Act. (2) The amount of such payment shall be paid to him out of the moneys carried to the Customs and Excise Account under this Act, or. if those moneys are insufficient, out of the Irish Consolidated Fund, and so far as the same are not so paid shall be paid out of moneys provided by Parliament. (3) The Pensions Commutation Act, 1871, shall apply to all persons who, having retired from office, are entitled to any annual pay- ment under this section, in like manner as if they had retired in consequence of the aboUtion of their offices. (4) This section shall not apply to person! who are retained in the service of the Imperial Government. ( 10.1 THE HOME RULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1912. 1893, As amended. (4) If any such officer is serving in a capa- city which qualifies him for a pension under the Superannuation Act, 1859, and con- tinues to hold ofiice after the end of the tran- sitional period the Treasury may, M'ithin three months after the end of that period, award him a pension in accordance with the Foui'th Schedule to this Act which shall become payable to him on his ulitimate retirement from the service of the Crown. (5) The gratuities and pensions awarded in pursuance of this section shall be paid by the Treasury to the payees out of the Ex- chequer of the United Kingdom. (6) All sums paid out of the Exchequer of the United Kingdom in pursuance of this section shall be repaid to that Exchequer from the Irish Exchequer. (7) Tliis section shall apply to the clerical staff of the Royal Irish Constabulary and Dubhn Metropolitan Police, with the sub- stitution of the period ending \nth the cesser of the existence of each force for the tran- sitional period, and of the Treasury for the Irish C4ovenament except as regards the Treasury communicating with the Irish Government, but save as aforesaid this sec- tion shaU not apply to officers retained in the service of the United Kingdom. (8) Where an officer, though not in the permanent civil service, is in the public service of the Crown, then — (a) if he devotes his whole time to the duties of his office, this section shall apply to him in like manner as if he were in the permanent civil service ; and (6) if he does not so devote his whole time, and is removed from his office for any cause other than incapacity or miscon- duct, he may apply to the Treasury, who may award him compensation for loss of office in accordance with the Fourth Schedule to this Act. (9) Tills section shall apply to petty sessions clerks and to officers in the registry of petty sessions clerks in hke manner as to officers in the public service of the Crown,, with the exceptions, that any payznent in pursuance of this section to any such clerk or officer shall be made out of the fund out of which the pension of such clerk or officer is payable instead of out of the Exchequer of the United Kingdom, and that in considering the amount of gratuity or pension regard shall be had to the amount of the fund : Provided that — (a) If, by reason of anything done after the appointed day, the fund becomes insufficient to meet the full amount of the said gratuities and pensions, the deficiency shall be charged on and paid out of the Irish Consolidated Fund, but such charge shall be repaid if and when the state of the fund allows to tlie Irish Consolidated Fund ; and ( 166 ) THE HOME RULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1893, As introduced. 1886. (4) The gratuities and pension-s awarded in accordance ivith the Fifth Schedule to this Act shall be paid by the Treasury to the payees out of the Exchequer of the United Kingdom. (5) All sums paid out of the Exchequer of the United Kingdom in pursuance of this section shall be repaid to that Exchequer from the Irish Exclxequer. (6) This section shall not apply to officers retained in the sers'ice of the Government of the United Kingdom. ( 167 THE HOME RULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. lf»12. Establishment of Civil Service Committee. 34. (1) For the pui'pose of the provisions of this Act with respect to existing officers there sliall be established a committee to be called the Civil Service Committee. (2) The committee shall consist of three members, of whom one shall be appointed by the Treasury, one by the Executive Committee, and one (who shall be chair- man) by the Lord Chief Justice of England. (3) Any vacancy arising in the committee owing to the death, resignation, or incapa- city of a member of the committee shall be filled by the authority by whom the member whose place is vacant was appointed. (4) The determination of the Civil Service Committee on any claim or question which is to be determined by them under the provisions of this Act relating to existing officers shall be final and conclusive. Provisions as to Existing Pensions and Superannnatioyi AJloivances. 35. Any pension granted on account of service in Ireland as a pidge of the Supreme Court or of any court consolidated into that court, or as a county covert judge, or as an Irish officer in an established capacity in the civil service of the Crown, or to any officer or constable of the Dublin Metropolitan Police or Royal Irish Constabulary, and payable at the time of the passing of this Act, or in the case of an officer or constable of the Royal Irish Constabulary at the date of transfer, shall be paid out of moneys provided by the Parliament of the United Kingdom, and ehall be made good by means of deductions from the Transferred Sum under this Act in accordance with regulations made by the Treasury. 1893, As amended. Definition of Irish Officer, and Provision as t> Officers in whose Case Questions may Arise, f the capital 1893, As amended. ( 180 ) THE HOME RULE BILL, 1912, COMPARED WITH THE PREVIOUS^ BILLS. 1893, As introduced. 1886. {See Fourth Schedule, p. 231. ( 181 ) THE HOME EULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1912. 1893, As amended. liabilities of the Post Office between the Irish Exchequer and the Exchequer of the United Kingdom; and for appor- tioning any receipts and expenses in respect of foreign mails or other foreign postal services (including telegrams and telephones), between the two Post Offices, and for facilities being given in respect of postal services generally by the one Post Office to the other, especially in relation to submarine \ telegraphs or telegraphic commmiica- tionjwith any place out of the United Kingdom ; and {d) on any transfer under this Act of the public services in connection with the administration of the Old Age Pensions Acts, 1908 and 1911, make provision for securing the payment of an old age pension to any person who is entitled to the payment of such a pension at the time of the transfer, while he continues so entitled ; and {e) On the transfer under this Act of public services in connection with Post Office Savings Banks, or Trustee Savings Banks, make pi'ovisions for giving a depositor in any transferred Post "Office Savings Bank the right to repayment of any sums due to him in respect of his deposits at the time of the transfer, and for givins; the trustees of any Trustee Savings Bank in Ireland the right to close their bank and to require repayment of all sums due to them from the National Debt Com- missioners, and for securing to the holder of any annuity or policy of insurance granted befoi'c the date of the transfer by a Post Office or Tnastee Savings Bank the payment of the annuity or of any sums due under the policy ; and '(/) Make provision with respect to the transfer and apportionment of any property, rights, and liabilities in connection with Irish seiviecs ; and {g) Provide, in cases where the same Act deals with reserved matters and with other matters, for specifying the matters dealt with by the Act which are to be treated in accordance with this Act as reserved matters. Orders in Council to he laid before Parliament. 45. (1) Any Order in Council made for the purpose of the tiansitory provisions of this Act shall be laid before both Houses of the Parliament of the United Kingdom within forty days next after it is made if Parliament is then sitting, or if not, witliin forty -days after the commencement of the then next ensuing session ; and if an •address is presented to His Majesty by ( 182 ) THE HOME RULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1893, As introduced. 1886. ( 183 ) THE HOME EULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1912. 1893, As amended. either of these Houses within the next subsequent forty days prajnng that any such Order may be annulled. His Majesty may thereupon bj- Order in Council annul the same, and the Order so annulled shall forthwith become void, but ^lithout pre- judice to the validity of any proceedings which may in the meantime have been taken under the Order. (2) Any Order in Council made for the purpose of the transitory- provisions of this Act shall, subject to the foregoing pro- visions of this section, have effect as if enacted in this Act. Appointed Day. 46. The appointed daj- for the purposes of this Act shall be the day for the first meeting of the Irish Parliament, or such other day not more than six months earlier or later, as may be fixed by Order of His Majesty in Council either generally or with reference to any particular provision of tliis Act. and ditfercnt days may be appointed for diiierent pui-poses and different provisions of this Act. SUPPLEMENTAL. Definitions. 47. In this Act. unless the context other- wise requires — 37. Subject as in this Act mentioned the appointed day for the purposes of this Act shall be the day of the first meeting of the Irish legislature, or such other day not more than seven months earlier or later as may be fixed by order of Her Majesty in Council either generally or with reference to any particular provision of this Act, and different days may be appointed for different pur- poses and different provisions of this Act, whether contained in the same section or in different sections. 38. From and after the appointed day the powers conferred in the sixteenth section of the Act passed by the Irish Parhament in the session held in the twenty-first and twenty-second 3'ears of the reign of George the Third, intituled '' An Act for the better securing the liberty of the subject," shall not be exercised, and the said section shall be and is hereby repealed as and from the said appointed day. 39. In this Act, unless the context other wise requires — The expression " existing " means existing at the passing of this Act. The expression " constituency "' means a parliamentary constituency, or a coimty, borough, or universitj- returning a member or members to serve in the Irish House of Commons as the case requires, and the expression " parlia- mentary constituency " means any county, borough, or university returning The expression " existing " means existing at the passing of this Act. The expression '" constituency " means a parliamentary constituency or a county or borough returning a member or members to serve in either House of the Irish Legisla- ture, as the case requires, and the expression " parliamentary constituency " means any county, borough, or university returning a member or members to serve in Parliament. ( 184 ) THE HOME RULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1893, As introduced. 1886. 38. Subject as in this Act mentioned the appointed day for the purposes of this Act shall be the day of the first meeting of the Irish Legislature, or such other day not more than seven months earlier or later as may be fixed by order of Her Majesty in Council either generally or with reference to any particular provision of this Act, and different days may be appointed for different purposes and different provisions of this Act, whether contained in the same section or in different sections. 40. In this Act— The expression " the appointed day " shall mean such day after the thirty-first day of March in the year one thousand eight hundred and eighty-seven as may be deter- mined by order of Her Majesty in Council. 39. In this Act unless the context other- wise requires — The expression " existing " means existing at the passing of this Act. The expression " constituency "' means a parliamentary constituency or a county or borough returning a member or members to serve in either House of the Irish Legislature, as the case requires, and the expression " parliamentary constituency " means any courity, borough, or university returning a member or members to serve in Parliament. The expression " Lord Lieutenant " in- cludes the lords justices or any other chief governor or governors of Ireland for the time being. The expression " Her Majesty the Queen," or " Her Majesty," or " the Queen," includes the heirs and successors of Her Majesty the Queen. The expression " Treasury " means the Commissioners of Her Majesty's Treasury. The expression " Treaty " includes any convention or arrangement. The expression " existing '* means existing at the passing of this Act. Tlie expression " existing constituency " means any coTinty or borough, or a division of a county or borough, or a University,, returning at the passing of this Act a member or members to serve in Parliament.^; ^ ,, 185 THE HOME RULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1912. 1893, As amended. a member or members to serve in the Parliament of the United Kingdom. The expression " parliamentary elector " means a person entitled to be registered as a voter at a parliamentary election. The expression ''parliamentary electicn" means the election of a member to serve in the Parliament of the United Kingdom. The expression " election laws " means the laws relating to the election of members to serve in the Parliament of the United Kingdom, other than those relating to the qualification of electors, and includes all the la'ws respecting the registration of electors, the issue and execution of writs, the creation of polling districts, the taking of the poll, the questioning of elections, corrupt and illegal practices, the oath. quaUfication and disqualification of members, and the vacating of seats. The expression " tax " includes duties (other than duties of postage), and fees (other than fees which are charged in respect of any special Irish service, and the receipts from wMch are, in the opinion of the Joint Exchequer Board, of a character to be properly treated as appropriations in aid). The expression " Irish Act " means a law made by the Irish^ Parliament. The expression " parliamentary elector ' ' means a person entitled to be registered as a -voter at a parliamentary election. The expression " parliamentary election " means the election of a member to serve ia Parliament. The expression " election laws " means the laws relating to the election of members to sei-ve in Parliament, other than those re- lating to the qtialification of electors, and includes all the laws respecting the registra- tion of electors, the issue ancl execution of writs, the creation of polling districts, the taking of the poll, the questioning of elec- tions, corrupt and illegal practices, the oath, qualification, and disqualification of members and the vacating of seats. The expression " tax " includes duties and fees, but does not include duties on postage. The expression " duties of excise " does not include licence duties. The expression " stamps " does not in- clude stamps for collection of fees, or of other sums payable for services rendered. The expression " existing taxes in Ire- land " means the duties of Customs, Excise, and Income Tax, and the duties raised by existing stamps and licences in Ireland, whether the amount of such duties is or is not varied. The expression " duties on postage " in- cludes all rates and sums chargeable for or in respect of postal packets, money orders, or telegrams, or otherw ise under the Post Office Acts or the Telegraph Act, 1892, or under the Acts relating to Savings Banks. Expressions referring to the Post Office, and to the revenue and expenditure of the Irish Post Office, shall include a reference to telegraphs, savings banks, and all business transacted under the authority or control of the Postmaster-Ceneral. The expression " Irish Act " means a law made by the Irish Legislature. { 186) THE HOME RULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1893, As introduced. 1886. The expression " parliamentary cleetor " means a person entitled to be registered as a voter at a parliamentary election. The expression " parliamentary election "' means the election of a member to seiTc in Parliament. The expression " election laws " means the laws relating to the election of members to servo in Parliament, other than those re- lating to the qualification of electors, and includes all the laws resjiecting the registra- tion of electors, the issue and execution of Avxits, the creation of polling districts, the taking of the poll, the questioning of elec- tions, corrupt and illegal practices, the dis- qualification of members and the vacating of seats. The expression " tax " includes duties and fees, and the expression " duties of excise " does not include licence diities. The expression " foreign mails " means all postal packets, whether letters, parcels, or other packets, posted in the United Kingdom and sent to a place out of the United King- dom, or posted in a place out of the United Kingdom and sent to a place in the Uirited Kingdom, or in transit through the United Kingdom to a place out of the United Kingdom. The expression " telegraphic line " has the same meaning as in the Telegraph Acts, 1803 to 1892. The expression " duties on postage " in- cludes all rates and sums chargeable for or in respect of postal packets, money orders, or telegrams, or othermse under the Post Office Acts or the Telegraph Act, 1892. The expression " Irish Act " means a law made by the Irish Legislature. The expression " duties of excise " does not include a duty received in respect of any licence whether for the sale of intoxicating liquors or otherwise. ( 187 ) THE HOME RULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1912. 1893, As amended. The expression " salaiy " includes re- muneration, allowances, and emolu- ments. The expression " pen,siou " includes super- annuation allowance, and in relation to a constable of the Royal Irish Constabulary or Dublin Metropolitan Police includes a pension or gratuity payable to the \vidow or children of a constable. The expression " office " includes any place, situation, or employment, and the expression '' officer " shall be construed accordinoly. The expression '" officer " in relation to the Royal Irish Constabulary includes the Inspector-General, the Deputy- Inspector-General, an Assistant-In- spector-General, the Assistant- Inspector-General-Commandant of the Depot, the Town Inspector at Belfast, a County Inspector, a surgeon, a store- keeper and barrack-master, the veteri- nary surgeon, and a district inspector, and in relation to the Dublin Metro- politan Police, includes the Cliief Commissioner, Assistant-Commissioner, and Secretary and Accountant. The expression " constable " in relation to the Royal Irish Constabulary includes the head-constable-major, a head-constable, sergeant, acting ser- geant,, and constable ; and in relation to the Dublin Metropolitan Police includes every member of that force not being of higher rank than chief superintendent, and not being a member of the clerical staff only. The expression " Royal Irish Constabu- lary " includes tb^ j^^j^y^g forgo of that body. The expression " rateable value " means the annual rateable value under the Irish Valuation Acts. The expression " salary " includes re- muneration, allowances, and emoluments. The expression '' pension " includes super annuation allowance. The expression " office " includes employ- ment, and the expression " officer " includes the holder of any employment. Whore by this Act provision is made for anything being done by " Her Majesty," or by the " Lord Lieutenant as representing Her Majesty," then, unless the context other- mse requires, the provision shall be construed to refer to Her Majesty acting in Council or through a .Secretary of State. 20. ( 1 ) Until the arrangements for the con- contribution of Ireland to Imperial liabilities and expenditure are revised as in this Act mentioned, the duties on postage in Ireland shall be imposed, and all matters relating to those duties or to the Post Office shall be regulated by Act of Parliament. (2) If the Iri.sh Post Office revenue is less than the Irish Post Office expenditure, the deficiency shall be paid to the Exchequer of the United Kingdom out of the Irish Ex- ( 188 ) THE HOME^RULEIBILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1893, As introduced. 1886. The expression " rateable value " means the annual rateable value under the Irish Valuation Acts. The expression " salary " includea re- muneration, allowances, and emoluments. The expression " pension " includes super- annuation allowance. The expression "financial year" means the twelve months ending on the thirty-first day of March. 20. (1) As from the appointed day the postal and telegraph service in Ireland shall be transferred to the Irish Government, and may be regulated by Irish Act, except as in this Act mentioned and except as regards matters relating — (a) to such conditions of the transmission or delivery of postal packets and tele- \ \ grams as are incidental to the duties on i postage ; or Jl^ (h) to foreign mails or submarine tele- 32. Whenever an Act of the Legislature of Ireland has provided for carrying on the postal and telegraphic service with respect to the transmission of letters and telegrams in Ireland, and the post office and other savings banks in Ireland, and for protecting the officers then in such service, and the existing depositors in such post office savings banks, the Treasury shall make arrangements for the transfer of the said service and banks, in accordance with the said Act, and shall giva ( 189 ) THE HOME EULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1912. 1893, As amended. chequer, but if it is more, the excess shall be paid as part of the expenses attending the execution of the Post Offtce Acts, and shall form part of the special revenue of Ireland ; the amount of such revenue and expenditure shall be determined by an order of the com- mittee appointed as provided by this Act jointly by the Treasury and the Irish Govern- ment in relation to the general revenue of Ireland, and such order shall be laid before the House of Commons. ( 190 ) THE HOME RULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. f 1893, As introduced. 1886. graphs or through lines in connoction therewith ; or (c) to any other postal or telegraph busi- ness in connection with jilace.-- out of the United Kingdom. (2) The administration of or incidental to the said excepted matters shall, save as may be otherwise arranged with the Irish Post Office, remain with the Postmaster-General. (3) As regards the revenue anel expenses of the postal and telegraph service, the Post- master-General shall retain the revenue col- lected and defray the expenses incurred in Great Britain, and the Irish Post Office shall retain the revenue collected and defray the expenses incurred in Ireland, subject to the provisions of the Fourth Schedule to tliis Act ; which schedule shall have full effect, but may be varied or added to by agreement between the Postmaster-General and the Irish Post Office. (4) The sums payable by the Postmaster- General or Irish Post Office to the other of them in pursuance of this Act shall, if not paid out of the Post Office moneys, be paid from the Exchequer of the United Kingdom or of Ire- land, as the case requires, to the other Exchequer. (5) Sections forty-eight to fifty-two of the Telegraph Act, 1863, and any enactment amending the same, shall apply to all tele- g.raphic lines of the Irish Government in like manner as to the telegraphs of a company within the meaning of that Act. 21. (1) As from the appointed day there shall be transferred to the Irish Government the post office savings banks in Ireland and aU such powers and duties of any department or officer in Great Britain as are connected with post office savings banks, trustee savings banks or friendly societies in Ireland, and the same may be regulated by Irish Act. (2) The Treasury shall publish not less than six months' previous notice of the transfer of savings banks. (3) If before the date of the transfer any depositor in a post office savings bank so requests, his deposit shall, according to his request, either be paid to him or transferred to a post office savings bank in Great Britain, and after the said date the depositors in a post office savings bank in Ireland shall cease to have any claim against the Postmaster- ■General or the Consolidated Fund of the United Kingdom, but shall have the like claim against the Government and Consoli- tituency. I Number j of Mem- ■ hers for I House of jCommons. Antrim county Three Armagh Gountv Two Belfast boroiish (in divisions as Four mentioned below) Carlow county One Cavan county T«o Clare county T\\'o Cork county (in divisions as men- '- Five tioned below) Cork borough Two Donegal county Three Down county Three Dublin county T\\o Dublin borough (in divisions as mentioned below) Four Fermanagh county One Gal way county Three Galway borough One Kerry county Three Kildare county One Kilkenny county ( >ne Kilkenny borough . . . One King's county One Leitrim county Two Limerick county Two Limerick borough One Londonderry county. . . Tuo Londonderry boron k'h One Longford county One Louth county (me Mayo county Three Meath county Two Monaghan county Two Newry borough One Queen's county (hie Roscommon county ... Two Sligo county Two Tipperary county Tliree Tyrone county Tl-iree Waterford county One Waterford borough ... One Westmeath county ... One Wexford county Two Wicklow county One Eighty (1) In this Schedule the expression " borough" means an existing parliamentary borough. (2) In the parliamentary boroughs of Belfast and Dublin, one member shall be returned by each of the existing parlia- ( 206 ) THE HOME RULE BILL, 1912. COMPARED WITH THE PREVIOUS BILLS. 1893, As introduced. 1886. SECOND SCHEDULE. Irish Members in the House of Commons. Constituency. Antrim county Armagh county Belfast borough (in divisions as mentioned b?lo\\ ) ( "allow county ("avan comity (Hare county Co7-k county (in divisions as men- tioned below) Cork borough Donegal county Down county Dublin county Dublin borough (in divisions as mentioned below) Fermanagh county (ialway county (ialway boi'ough Kerry county Kildare county Kilkenny county Kilkenny borough King's county Leitrim county Limerick county Limerick borough Londonderry county Londonderry borough Longford county Louth county Mayo county Meath county Monaghan county Newry borough Queen's county Roscommon county Sligo county Tipperary county Tyrone county Waterford county Wateiiord borougli Westmeath count}' Wexford county Wicklow county Number of Mem- bers for House of Commons. Three Two Four One Two Two Five Two Three Three T«'o Four One Three One Three One One One One Two Two One T^\•o One One One Three Two Two One One Two Two Three Three One One One 'J 'wo One Eighty (1) In this Schedule the expression *' borough " means an existing parliamentary borough. (2) In the parliamentary boroughs of Belfa.st and Dublin, one member shall be returned by each of the existing parlia- 207 ) THE HOME RULE BILL, 1912, COMPAEED WITH THE PREVIOUS BILLS. 1912. 1893, As amended. MtTNSTEB. Coastitueacy. Number of Members, Clare East Limerick Borough of Limerick Kerry West Limerick Cork, South Cork. South-east Wateri'ord, West The remaining five divisions of Cork Tipperary, East Waterford, East Borough of Waterford The remaining three divisions of Tipperarj^ Totals (Munster counties) mentary divisions of those boroughs, and the law relating to the divisions of boroughs shall apply accordingly. (3) The county of Cork shall be divided into two divisions, consisting of the East Riding and the West Riding, and three members shall be elected by the East Riding, and two members shall be elected by the West Riding ; and the law relating to divisions of counties shall apply to those divisions. Nine •C'ONNAUGHT. Constituency. Number of Members. Galway ( including Galway borough) North Mayo West Mayo South Mayo South Roscommon East Mayo Sligo Leitrim North Roscommon Two One One One One Totals (Connaught counties) Six Total of Eceovch A^D CcrMv MiWEirs Borough members County members Total members 8 34 42 ( 208 ) THE HOME RULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1893, As introduced. 1886. mentary divisions of those boroughs, and the law relating to the divisions of boroughs shall apply accordingly. (3) The county of Cork shall be divided into two divisions, consisting of the East Riding and the West Riding, and three members shall be elected by the East Riding, and two members shall be elected by the West Riding ; and the law relatmg to divisions of counties shall apply to those divisions. ( 201) ) THE HOME RULE BILL, 1912, COMPARED AVITH THE PREVIOUS BILLS. 1912. SECOND SCHEDULK. 1893, amended. Stamp Duties -svhich may kot be Altered BY the Ieish Pai:liament. Duties on the follo^\ing instruments : — Marketable securities. Share warrants and stock certificates to bearer (inchiding instruments to bearer on which duty is charged by virtue of Sub-section (2) of Section 4 or Section 5 or Section (i of the Finance Act, 1899). Transfers of stocks, shares and market- able securities (including composition for duty on anj' such transfers). Bills of Exchange and promissory notes. Contract notes. Letters of allotment, letters of renuncia- tion, and scrip certificates. Statements a.s to amount of capital of corporations or companies with limited liability, and as to amount of capital contributed by limited partner. Statements as to amount proposed to be secured by issue of loan capital. Mortgages to secure debenture stock. Policies of sea insurance. Policies of life insurance. THIRD SCHEDULE. PeOVISIOKS as to COMrENSATION OF Existing Irish Officers. 1. (1) If anj' existing Irish officer -who is seiving in the civil senice oi the Crovn in an established capacity or who though not so sei-ving in an established capacity devotes his whole time to the duties of his office — (a) Retires under the conditions herein- after defined as the statutory- con- ditions of retirement ; or {h) Retires with the pei mission of the Civil Service Committee given in accordance with tliis Act ; or (c) Is removed from office by the Irish Government before he attains the age of sixty years for any cause other than misconduct or incapacitj-, or required to retire by the Irish Govern- ment before he attains that age for any cause other than as aforesaid ; he shall be entitled to receive such com- pensation as the Civil Service Committee FOURTH SCHEDULE. Provisions as to Pensions and Gratuities TO Persons in the Public Service. (1) The gratuity or pension which maj^ be awarded under this Act to any existing officer who is, on the appointed day, serving in Ireland in the permanent civil service of the Crown, and has not a salary charged on the Consolidated Fund of the United King- dom, and is removable for reasons other than misconduct or incapacity', or to an officer who, though not in the permanent civil service, is in the public ser\-ice, and devotes his whole time to the duties of his office, shall be as follows, namely : — (A) If the officer was sei'ving in a capacity which qualifies him for a pension under the Superannuation Act, 1859, and leaves the service during the transitional period on abolition of office or on re- organisation of department, or on resig- nation under this Act, or on requirement from the Irish GoveiTiment — a pension mav be awarded, calculated in like ( -no ) THE HOME RULE BILL, 1912. COMPARED WITH THE PREVIOUS BILLS. 1893, As introduced. 188C. FIFTH SCHEDULE. Regulations as to Gratuities and Pensions for Civil Servants. FOURTH SCHEDULE. Provisions as to Superannuation Allowances of Persons in thk Permanent Civil Service. ( 211 ) THE HOME EULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1912. 1893, As amended. may award to him in accordance with the provisions of Part I. of the Rules contained in this Schedule if he is serving in an established capacity, and in accordance with the provisions of Part II. of the Rules contained in tliis Schedule, if though not serving in an established capacity he devotes liis whole time to the duties of his office. (2) If any existing Irish officer who is serving in the civil sei-vice of the Crown not being an officer who is serving in an established capacity, or an officer who though not serving in an established capacity devotes his A^hole time to the duties of his office, is removed from office or required to retire by the Irish Government for any cause other than mis- conduct cr incapacity, he shall be entitled to receive such compensation as the Civil Service Committee may award to him in accordance with the provisions of Part II. of the Rules containocl in this Schedule. 2. For the purposes of this Act, the statutory conditions of retirement are that — (a) Retirement must take place within a period of five years from the passing of this Act (in this Schedule referred to as the transitional period) ; (6) Notice of the intention to retire must be given in the prescribed manner ; (c) The retirement must not take place until at least six months after the notice of retirement has been given, and may be postponed by the Civil Service Committee, if they think fit, to any later date ^^ithin the transi- tional period ; and {d) The retiring officer must show to the satisfaction of the Civil Sorsdce Committee that he is not incapaci- tated by mental or bodily infirmity for the performance of his duties and that he will not be liable under the existing rules as to age to retire before the end of the transitional period. 3. The Civil Service Committee shall not give their permission under tliis Act to an officer to retire unless that officer shows to the satisfaction of the Committee — (a) That the duties which he is required to perform are neither the same as nor analogous to the duties theretofore performed by him or are an unreasonable addition to those duties ; or (b) That his remuneration has been reduced on the ground that his duties have been diminished. manner as has heretofore been the custom under section seven of the Super- annuation Act, 1859, and the enact- ments amending the same, in the case of an officer retiring on abolition of office, that is to say, at the rate of one- sixtieth of his salary for every completed year of service reckoned as follows : — (i) His j'ears of service shall be reckoned as if he had served up to the end of the transitional period, or any earlier date at Avhich he will be required under the existing rules as to age to retire, and his salary shall, where there are periodical increments, be taken at the amount which it would have reached if he had continued to serve in the same office up to the said end or date ; (ii) There shall be added to the years of service so reckoned (in this schedule referred to as actual years), any addi- tional years he might independently of this schedule reckon under section four of the Superannuation Act, 1859, and also the following years (in this schedule referred to as abolition years), namely :■ — • if he has completed less than ten actual years of service, three years ; if lie has completed ten and less than fifteen actual years of sei-vice, five years ; if he has completed fifteen and less than twenty actual years of service, seven years ; if he has completed more than twenty actual years of service, ten years ; but no pension shall exceed two-thirds of his salary ; and no abolition yeai's shall be reckoned in excess of the difference between the age of the officer at the time of his retirement and the age at which he will be re- quired imder the existing rules as to age to retire. (B) If the officer was serving in a capacity which qualifies him on retirement for a gratuity under section four of the Super- annuation Act, 1887, the same gratuity may be awai'ded as might have been awarded if he had retired on the abolition of his office. (C) If the officer was on the register of copyists — the same gratuity may be awarded as might have been awarded if his name had been removed from the register on a medical certificate. (D) If the foregoing provisions do not apply to any officer — the gratuity or pension awarded may be such as to the Treasury appears just having regard to all the circumstances of the case, but less than the amount which might have been awarded to such officer if he had been in the permanent civil service. ( 212 ) THE HOME RULE BILL, 1912. COMPARED WITH THE PREVIOUS BILLS. 1893, As introduced. 1886. ( 213 ) THE HOME RULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1912. 1893, As amended. 4. (1) For the purpose of the provisions of this Act as to existing officei-s, petty sessions clerks and officers in the Registry of Petty Sessions Clerks shall be deemed to be oiiicers in the civil service of the Crown, and in the case of officers in the Registry of Petty Sessions Clerks to be officers serving in an establislied capacity, but any payments to any such officer on account of compensation payable under the provisions of tliis Act sliall. instead of being made out of moneys provided by the Parliament of the United Kingdom, be made out of the Petty Sessions Clerks Fund : Provided that if the amount of the Petty Sessions Clerks Fund is at any time by reason of the provisions of this Act insufficient to meet any payments charged on it under this or any other Act, the deficiency shall be charged on and paid out of the Irish Consolidated Fund, and made good to the Irish Consolidated Fund out of the Petty Sessions Clerjfs Fund as the state of that fund allows. This provision shall apply to the pension- able assistants of the petty sessions clerks at Cork and Belfast as it applies to the petty sessions clerks. (2) This schedule shall apply to an officer in the registry of petty sessions clerks in like manner as if he was serving in a capacity which ciualifies him for a pension under the Superannuation Act, 1859, and to a petty sessions clerk in like manner as if he \vas an officer in the public service, and as if the fund applicable v^ere money provided by Parlia- ment. (;j) The Pensions Commutation Act, 1871, shall apply to any officer \\ho is awarded a pension under the foregoing provisions of this schedule, in like manner as if he had retired on the abolition of his office, and any terminable annuity payable in respect of the commutation of a pension shall be payable out of the same funds as the pension. (4) The pension which may be awarded under this Act to any existing officer, who is serving in a capacity which qualifies him for a pension under the Superannuation Act, 1859, and continues to hold office under the Irish Government after the end of the tran- sitional period, shall be the like pension as might be awarded to such officer under the Superannuation Act, 1859, if he had at the end of that period retired from service on the abolition of office, but without the addition of any abolition years. (5) Where an existing officer in the public service who does not devote his whole time to the duties of his office, and is not provided for by any other provision of this Act, applies to the Treasury, suoh gratuity or pension may be awarded to him by \vay of compensation for loss of office as appears to the Treasury just, having regard to all the circumstances of the case, and especially to the amount of hia remuneration out of moneys provided by Parliament : Provided that the compensation shall in no case exceed three-fourths of the amount which might have been granted, if section seven of the Superannuation Act, 1859, had applied to him, and if the total remuneration of his office had not exceeded the amounh ( 214 ) THE HOME RULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1893, As introduced. 1886. ( 215 ) :the home rule bill, 1912. compared with the previous BILLS. 1912. 1893, As amended. Rules — Part I. Officees Serving in the Civil Service OF THE Crown' in an Established Capacity. ^. — On Retirement under the Statvtory Conditions of Retirement. 1. The compensation Mhicli may be awarded to the officer shall be an annual allowance, not exceeding in any case two- thiidis of the salary on Mhich the allowance is reckoned, or, if lie has completed less than ten years of service as reckoned for the purposes of this provision, a gratuity. 2. The annual allowance or gratuity shall be calculated in like manner as the super- annuation allowance or gratuity which the officer would be qualified to receive under the Superannuation Acts, 1834 to 1909, if he retired on the ground of ill- health, save that for the purposes of that calculation the following provisions shall have effect, that is to say — (a) His years of service shall be reckoned as if he had served up to the end of the transitional period, and there shall be added any additional years which he may be entitled to reckon imder Section 4 of the Superannuation Act. 1859. {b) His salary, ^^here there are periodical increments, shall be taken at the amount ^vliich it ^voulcl have reached if he had continued to sen-e in the same office up to the end of the transitional period. ^ 5. — On retirement with the fermission of the Civil Service Committee under thi-s Act or on being removed from office or required to retire hy the Irish Oovermnent before attaining the age of sixty years for any cause other than misconduct or in- capacity. 1. The compensation which may be awarded to the officer shall be an annual allowance not exceeding in any case two- thirds of the salary on \\ hich the allo^\ance is reckoned. 2. The annual allowance shall be calcu- lated in like manner as the superannuation allowance which the officer would be qualified to receive under the Superannuation Acts, 1834 to 1909, if he retired on the ground of ill-healtli, save that for the purposes of such calculation, the following provisions shall have effect, that is to say — (a) Where the officer retires or is re- moved after the end of the transi- tional period, ten years shall be added as abolition years to the years received by him out of moneys provided by Parliament. ( 216 ) THE HOME KULE BILL, 1912. COMPARED WITH THE PREVIOUS BILLS. 1893, As introduced. IS (•) ( 217 > THE HOME RULE BILL, 1912, COMPAEED WITH THE PREVIOUS BILLS. 1912. 1893, As amended. of service wliich he would be entitled to reckon for the purposes of s\ich superannuation allowance. {b) Where the officer retires or is re- moved during the transitional period his years of service shall be reckoned and' the amount of lus salary shall be computed in the same manner as is provided in this Part of these Rules in the case of an officer retiring under the statutory conditions of retirement, and ten years shall be added as abolition years to the years of sei"vice so reckoned, (c) Where the officer has been permitted by the Civil Service Committee to retire on accoimt of reduction of salary, liis salary shall be taken at its amount prior to the reduction : Provided that — (i) Where an officer at the time of leaving the sei'vice has attained the age of tliirty years but has not attained the age of tliirty-six years, the abolition years to be added for the purpose of this article shall be seven years instead of ten, and ^\here an officer at the time of leaving the service has not attained the age of thirty years, or where, -nhatever his, age his years of service as reckoned for the purjjoses of this article, ex- clusive of the abolition years, are less than ten, the abolition years to be added for those purposes shall be five years instead of ten ; and (ii) No abolition years shall be added in excess of the difference between the age of an officer at the time of his leaving the service and the age at which he vould be liable to leave the service under the existing rules as to age. C. — Officers to tvhom the Superannuation Act, 1909, applies. 1. An officer to whom the Superannuation Act. 1909, applies by reason only of his having elected to adopt the jjrovisions of that Act shall, if he so requires, be treated for the purpose of the determination of lus compensation under tliis Schedule as if he had not so elected. 2. As respects any such officer who does not require his compensation to be deter- mined as aforesaid, and any other officer to whom the Superannuation Act, 1909, applies, the provisions contained in Heads A. and B. of this Part of these Rules shall have effect subject to the following modifi- cations, that is to say — (a) The annual allowance or gratuity awarded to the officer shall be ( 218 ) THE HOME RULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. As intmducetl. ls> ( 219 THE HOME RULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1912. calculated on the proportioa of salary prescribed by Sub-section (1) of Section 1 of the Superannuation Act, 1909, instead of the proportion prescribed by Section 2 of the Super- annuation Act, 1859, and the annual allowance which may be awarded to the officer shall not in any case exceed one-half of the salary on which the allowance is calculated. (b) In addition to the annual allowance or gratiiity there may be awarded to the officer an additional allowance calculated in like manner as an additional allowance under the Superannuation Act, 1909, and for the purposes of that calculation his years of service and salaiy shall be reckoned and computed as in the case of his annual allowance or gratuity, but the additional allowance so awarded shall not exceed one and a half times the amount of the salary on wlrich the allowance is calculated, except in the case of an officer to whom the Superannuation Act, 1909, applies by reason of his having elected to adopt its provisions, and then only to the extent specified in Section 3 of that Act. Rules — Part II. Officers Serving in the Civil Service OF THE Crown who are not Serving in an Established Capacity. 1. The compensation which may be awarded to the officer shall be such gratuity or annual allowance (it any) as the Civil Service Committee think just having regard to the following considerations, that is to say — (a) The conditions on which the officer was appointed ; (6) The nature and duration of his emploj'ment ; (c) In the case of officers who do not devote their whole time to the duties of their office, the amount of time so devoted ; (d) The circumstances in which he is leaving the service ; (e) The compensation which might have been awarded to him on leaving the service in similar circumstances if Part I. of these Rules had applied to him ; (/) Any offer made to him of another office or employment under the Irish Government ; (g) The probability (if any) of his having continued in ofhce for a longer period but for the passing of tins Act ; and 1893, As amended. ( 220 ) THE HOME RULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1893, As introduced. 188(=. ( 221 THE HOME RULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1912. 1893, As amended. (h) Any other circumstances affecting his case. 2. The compensation shall in every case be less than the compensation which might under Part I. of these Rules have been awarded to the officer on leaving the service in similar circumstances if that Part of these Rules had applied to liim. FIFTH SCHEDULE. Part One. kegtjlatioxs . as to establishment of police forces and as to the royal irish constasmlary and dublin metropolitan police ceasing to EXIST. (1) Sucli local police forces shall be estab- lished under such local authorities and for such comities, municipal boroughs, or other larger areas as may be provided by Irish Act. (2) Whenever the Executive Committee of the Privy Council in Ireland certify to the Lord Lieutenant that a police force adequate for local purposes has been established in any area, he shall ^\^thin six months thereafter direct the Royal Irish Constabulary to be withdra\\n from the performance of regular police duties in such area, and such older shall be forth-\\ith carried into effect. (3) L^pon any such \\ithdrawal the Lord Lieutenant as representing her Majesty shall %\ithin six months thereafter order measures to be taken for reducing the numbers of the Royal Irish Constabulary to such extent as appears to him necessary by reason of the said withdraw al, and such order shall be duly executed. (4) Upon the Executive Committee of the Privy Council in Ireland certifying to the Lord Lieutenant that adequate local police forces have been established in every part of Ireland, the Lord Lieutenant shall, ^nthin six months after such certificate, or if the certifi- cate is given \^dthin six years after the appointed day, at such later date before the expiration of those six years, as the Lord Lieutenant as representing Her Majesty thinks expedient, order measures to be taken for causing the whole of the Royal Irish Con- stabulary to cease to exist as a police force, and such order shall be duly executed. (5) Where the area in ^\hich a local police force is established is part of the Dublin Metropolitan Police District, the foregoing regulations shall apply to the Dublin Metro- politan Police in like manner as if it were the Royal Irish Constabulary. ( ''*'*2 THE HOME RULE BILL. 1912, COMPARED WITH THE PREVIOUS BILLS. 1893. As introduoc'd. 1886. SIXTH SCHEDULE. Part I. REGULATIONS AS TO ESTABLISHMENT OF POLICE FORCES AND AS TO THE ROYAL IRISH CONSTABULARY AND DUBLIN METROPOLITAN POLICE CEASINO TO EXIST. (1) Such loca! Police forces shall be established under such local authorities and for such counties, municipal })orou,Q;hs. or other larger areas, as may be i^rovided by Irish Act. (2) Wlienever the Executive Committee of the Privy Covincil in Ireland certify to the Lord Lieutenant that a police force, adequate for local pui'poses, has been established in any area, then, subject to the provisions of this Act, he shall within six months there- after direct the Royal Irish Constabulary to be withdrawn from the performance of regular police duties in such area, and such order shall be forthwith carried into effect. (3) Upon any such withdrawal the Lord Lieutenant shall order measures to be taken foi' a proportionate reduction of the numbers of the Royal Irish Constabulary, and such order shall be duly executed. (4) Upon the Executive Committee of the Privy Council in Ireland certifying to the Lord Lieutenant that adequate local police forces have been established in every part of Ireland, then, subject to the provisions of this Act, the Lord Lieutenant shall, within six months after such certificate, order measures to be taken for causing the whole of the Royal Irish Constabulary to cease to exist as a police force, and such order shall be duly executed. (5) Where the area in which a local police force is established is part of the Dublin Metropolitan Police District, the foregoing regulations shall apply to the Dublin Metro- politan Police in like manner as if that force were the Royal Irish Constabulary. ( 223 ) THE HOME KULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1912. 1893, As amended. FOURTH SCHEDULE. Provision as to Compensation of Mem- bers OF THE Royal Irish Constabulary AND Dublin Metropolitan Police. Any officer or constable -vvlio after the day of transfer is required to retii'e for any cause other than misconduct, and is not incapacitated for the pei-formance of his duty by mental or bodily infirmity, shall, unless he is qualified for the maximum pension that can be granted to him for length of service only under the enactments aforesaid, be entitled to receive such com- pensation as may be awarded to him by the Lord Lieutenant in accordance ^Ith the Rules contained in this Schedule. Rules. 1. The compensation Mhich may be awarded to an officer or constable shall be an annual allo^^■ance. 2. The annual allowance shall be calcu- lated in hke manner as the pension Avhich the officer or constable would have been entitled to receive under the enactments applicable to him if he had retired volun- tarily and had been qualified in respect of his length of service for a pension, save that for the purposes of that calculation the follo\^'ing provisions shall have effect — (a) There shall be added to liis com- pleted years of actual service, if the proportion of salary on which his allowance is calculated is one-fiftieth, ten years, and if that proportion is one-sixtieth, twelve years, but any such addition of years shall not affect the amoimt of salary in respect of wliich his annual allowance is to be calculated ; and (h) If he has, in addition to his com- pleted years of actual service, served for a period exceeding six months, his service for that period shall be reckoned as a completed year of actual sei"vice. 3. The allowance awarded to an officer or constable shall in no case exceed the maximum pension which coald under the enactments applicable to him have been awarded to him if he had retired for length of service only. 4. In the event of a constable dying wthinone year after an annual allowance has been awarded to him under this Sche- dule, the Lord Lieutenant may, if he thinks fit. grant an annuity to the widow or children of the constable in like manner as if the allowance were a pension granted to tbe constable on retirement. Part Two. regulations as to pensions for officers AND men of royal IRISH CONSTABU- LARY AND OF DUBLIN METROPOLITAN POLICE. As to Officers. For the purpose of executing the orders of the Lord Lieutenant mentioned in Pait One of this schedule, any officer or man of the Royal Irish Constabulary or the Dublin Metropolitan Police, as the case may be. shall, if so required, retire, and upon such retirement there may be awarded to him a pension as follows, that is to say : — ( 1 ) If he is an officer there may be awarded to him — (o) if he was appointetl on or before the eighteenth day of August one thousand eight hundred and eighty-two, a pension equal to one-fiftieth of his annual salary for each completed year of service, with an addition of ten years to his actual years of service ; and (b) if he was appointed since the eighteenth day of August one thousand eight hundred and eighty-two, a pension equal to one-sixtieth of his annual salan' for each completed year of service, with the addition of twelve years to his actual years of sei-vice. Provided that — (i) The pension awai'ded to an officer appointed before the tenth day of August one thousand eight hundred and sixty-six shall not be less than the pension which could have been awarded him under the provisions of the Act of the session of the tenth and eleventh years of the reign of Her present Majesty, chapter one hundred, intituled " An Act to regulate the superannuation allowance of the Con- stabulary Force in Ireland and the Dublin Metropolitan Police," if he had served as an officer over forty years ; and (ii) In no case shall a pension ex- ceed the maximum pension which, under the existing law, could be awarded to the officer if he had retired for length of service. (3) Salary shall be calculated and service reckoned in accordance with the Con- stabulary (Ireland) Amendment Act, 1882. (4) In this schedule the expression " officer " includes the Inspector-General, the Deputy Inspector-General, an assistant inspector-general, the assistant inspector- general commandant at the depot, the town inspector at Belfast, a county inspector, a surgeon, the storekeeper and barrack - master, the veterinary surgeon, and a district inspector. ( 224 ) THE HOME KULE BILJ , 1912, COMPAEED WITH THE PREVIOUS BILLS. 1893, As introduced. 1886. Part II. ^( EEGVLATIOXS AS TO^GRATUITIES AND PEN- SIONS^ FOR THE ROYAL IRISH CONSTABU- LARY AND DUBLIN ^METROPOLITAN rOLICE. ( 225 ) THE HOME RULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1912. 1893, As amended. As to Constables. (5) If he is a constable there may be awarded to him a pension equal to one- fiftieth of his annual pay for every completed year of service, with the addition of ten years to his actual years of service. Provided that — (i) The pension awarded to a con- stable appomted before the tenth day of August one thousand eight hundred and sixty-six shall not be less than the pension which could have been awarded to him under the Act of the session of the tenth and eleventh years of the reign of Her present Majesty, chapter one hundred, intituled " An Act to regulate the superannuation allowance of the Constabulary Force in Ireland and the Dublin Metropolitan Police," if he had served as a constable more than thirty years ; and (ii) In no case shall the pension exceed the maximum pension, which under the existing law could be awarded to the constable if he had retired for length of service. (6) In the case of a constable the amount of the annual pay shall be ascertained at the date of his retirement, and shall be calcu- lated and his service reckoned in manner provided by the Constabulary and Police (Ireland) Act, 1883. and every year of service from the twenty-first to the twenty- fifth, both inclusive, shall be reckoned as two years. (7) In this schedule the expression " con- stable " includes the head constable major, a head constable, sergeant, acting sergeant, and constable, in the case of the Royal Irish Constabulary, and includes every member of the Dublin Metropolitan Police not being of higher rank than chief superintendent. Miscellaiieous. (8) If any officer or constable enters with the approval of the Lord Lieutenant any local police force in Ireland, there may be awarded to him a pension at the rate above mentioned for every year of completed service, with the addition to his actual years of service of such number of years not ex- ceeding the number above mentioned as the Lord Lieutenant assigns. (9) The Pensions Commutation Act, 1871, shall apply to persons to whom, on retire- . ment, a pension is awarded under this schedule, in like manner as if they had retired from the permanent civil service of the Crown on the abolition of their offices, and any terminable annuity payable in respect of the commutation of a pension shall be payable out of the same funds as the pension. (10) Where an officer or constable at the time of his retirement would, if he served for ( 226 ) THE HOME RULE BILL, 1912, COMPAREb WITH THE PREVIOUS BILLS. 1893, As iatroduced. 1886. i2 THE HOME RULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1912. 1893, As amended. a few months more (not exceeding six) com- plete another year's service, that year shall be reckoned as a completed year of service. (11) The reserve force of the Royal Irish Constabulary shall for the purposes of this schedule be deemed to be part of that force. THIRD SCHEDULE. FlKAKCB. IMPERIAL LIABILITIES, EXPENDITUBE, AN1> MISCELLAKEOUS REVENUE. Liabilities. For the purposes of this Act, " Imperial liabilities " consist of — ■ (1) The funded and unfunded debt of the United Kingdom, inclusive of terminable annuities paid out of the permanent annual charge for the National Debt, and inclusive of the cost of the management of the said funded and unfunded debt, but exclusive of the Local Loans Stock and Guaranteed Land Stock and the cost of the management thereof ; and (2) All other charges on the Consolidated Fimd of the United Kingdom for the repay- ment of borrowed money, or to fulfil a guarantee. Expenditure. For the purpose of this Act Imperial ex- penditure consists of expenditure for the following services : — I. Naval and Military Expenditure (in- cluding Green^^^ch Hospital). II. Civil expenditure, that is to say — (a) Civil list and Royal family. (b) Salaries, pensions, allowances, and incidental expenses of — (i) Lord Lieutenant of Ireland ; (ii) Exchequer judges in Ireland. (c) Buildings, works, salaries, pensions, printing, stationery, allowances, and incidental expenses of — (i) Parhament ; (ii) National Debt Commissioners ; (iii) Foreign Office and diplomatic and consular service, including secret sei-vice, special services, and telegraph subsidies ; (iv) Colonial Office, including special services and telegraph subsidies ; (v) Privy Council ; (vi) Board of Trade, including the Mer- cantile Marmc Fund, Patent Office, Railway Commission and Wreck Commission, but excluding Bank- ruptcy ; (vii) Mint ; (viii) Meteorological Coxmcil ; (ix) Slave trade service ; (x) Customs ; (xi) Inland Revenue ; (xii) Savings Banks ; (xiii) Friendly Societies; ( 228 ) THE HOME RULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1893, As introduced. 1886. THIRD SCHEDULE. FlXANCE. IMPERIAL LIABmiTIES, EXPENDITUKE. AND MISCELLANEOUS REVENUE. Liabilities. For the purposes of this Act '"Imperial liabilities " consist of : — (1) The funded and unfunded debt of the United Kingdom, inclusive of terminable annuities paid out of the permanent annual charge for the National Debt, and inclusive of the cost of the management of the said funded and unfunded debt, but exclusive of the Local Loans Stock and Guaranteed Land Stock and the cost of the management thereof ; and (2) All other charges on the Consolidated Fund of the United Kingdom for the repay- ment of borrowed money, or to fulfil a guarantee. Expenditure. For the purpose of this Act Imperial Ex- penditure consists of expenditure for the following services : — I. Naval and military expenditure (in- cluding Greenwich Hospital). II. Civil expenditure, that is to say — (a) Civil list and Royal family. (6) Salaries, pensions, allowances, and incidental expenses of — (i) Lord Lieutenant of Ireland : (ii) Exchequer judges in Ireland, (c) Building works, salaries, pensions. printing, stationery, allowances, and incidental expenses of — (i) Parliament ; (ii) National Debt Commissioners ; (iii) Foreign Office and diplomatic and consular sei-vice, including secret service, special services, and tele- graph subsidies ; (iv) Colonial Office, including special services and telegraph subsidies ; (v) Privy CounicU ; (vi) Board of Trade, including the Mer- cantile Marine Fund, Patent Office, Railway Commission and Wreck Commission, but excluding Bank- ruptcy ; (vii) Mint ; (viii) Meteorological Society ; (ix) Slave trade service. {d) Foreign mails and telegraph com- munication with places outside the United Kingdom. ( 229 ) THP] HOME RULE BILL, 1912, COMPARED AVITH THE PREVIOUS BILLS. 3912. 1893, As amended. Imperial Miscellaneous Revenue. For the purposes of this Act the Imperial miscellaneous revenue, to a portion of which Ireland may claim to be entitled, consists of revenue from the following sources : — 1. Suez Canal Shares or payments on account thereof. 2. Loans and advances to foreign countries. 3. Annual payments by British posses- sions. 4. Fees, stamps, and extra receipts re- ceived by departments, the expenses of which are part of the Imperial Ex- penditure. 5. Small branches of the hereditary revenues of the Crown. (i. Foreshores. ( 230 ) '^ thp: home rule bill, i912,^compared with the previous BILLS. 1893, As introduced. 1886. Revenue. For tho. pui-poscs of this Act the public revenue, to a portion of \\hich Ireland may claim to be entitled, consists of revenue from the following sources : — 1. Suez Canal shares or payments on account thereof. 2. Loans and advances to foreign countries. 3. Annual payments bj' British posses- sions. 4. P"'eps, stamps, and extra receipts re- ceived bj' departments, the expenses of which are part of the Imperial expenditure. 5. Small branches of the hereditary revenues of the CroMii. 6. Foreshores. FOURTH SCHEDULE. Provisioxs as to Post Office. (1) The Postmaster-General shall pay to the Irish Post Office in respect of any foreign mails sent through Ireland, and the Irish Post Office shall pay to the Postmaster- General in respect of any foreign mails sent through Great Britain, such sum as may be agreed upon for the carriage of those mails in Ireland or Great Britain as the case may be. (2) The Irish Post Office shall pay to the Postmaster-General : (i) One-half of the expense of the packet service and submarine telegraph lines between Great Britain and Ireland after deducting from that expense the sum fixed by the Postmaster- General as incurred on account of foreign mails or telegraphic communication with a place out of the United Kingdom as the case may be ; and (ii) Five per cent, of the expenses of the conveyance outside the United King- dom of foreign mails, and of the trans- mission of telegrams to places outside the United Kingilom ; and (iii) Such proportion of the receipts for telegrams to places out of the United Kingdom as is due in respect of the transmission outside the United King- dom of such telegrams. (3) The Postmaster-(!eneral and the Irish Post Office respectively shall pay (o the other of them on account of foreign money oiders, of compensation in respect of postal packets, and of any matters not specifically provided for in this Schedule, such sums as may be agreed upon. (4) Of the existing debt incurred in respect of telegraphs, a sum of five hundred and fifty thousand pounds two and three- quarters per cent. Consolidated Stock shall be treated as debt of the Irish Post Office, and for paying the dividends on and redeeming ( 231 ) THE HOME RULE BILL, 1912. COMPARED WITH THE PREVIOUS BILLS. 1912. 1893. As amended. SIXTH SCHEDULE. Regulations as to HorsES of the Legis- lature AND the Members thereof. LegisJalive Council. (1) There shall be a separate register of electors of councillors of the Legislative Council which shall be made, until otherwise provided by Irish Act. in like manner as the parliamentary register of electors. (2) Where, for the election of councillors any counties are combined so as to form one constituency, then until otherwise provided by Irish Act, (a) the returning officer for the whole con- stituency shall be that one of the return- ing officers for Parliamentary elections for those counties to whom the A\'rit is addressed, and the writ shall be addressed to the returning officer for the constituency with the largest popu- lation, according to the census of 1891 ; (fe) the returning officer shall have the same authority throughout the whole constituency as a returning officer at a Parliamentary election for a county has in the county ; (c) the registers of electors of each county shall jointly be the register of electors for the constituency ; {d) for the pui'poses of this Schedule " county " includes a county of a city or town, and this Schedule, and the law relating to the qualification of electors shall apply, as if the ( ounty of a city or town formed part of the county at large with which it is combined, and the qualification in t!ie county of a city or to\ra shall be the same as in such coimty at large. (3) Writs shall be issued for the election of councillors at such time not less than one nor more than three nu>nths before the day for ( 232 ) THE HOME RULE BILL, 1912. COMPARED WITH THE PREVIOUS BILLS. 1893. As introduced. 1886. sucli stock:therc shall be paid half-yearly b_v the Irish Exchequer to the Exchequer of the United Kingdom an annuity of eighteen thousand pounds for sixti/ years, and such annuity when paid into the Exchequer shall be fortlnvith paid to tiic National Debt Com- missioners and applied for the reduction of the National Debt. I {5)tThe Postmaster-General ami the Irish Post Office may agree on the facilities to be afforded bj- the Irish Post Office in Ireland in relation to any matters the administration of Avhich by virtue of this Act remains \\ith the Postmaster-General, and \\ith respect to the use of the Irish telegraphic lines for through lines in connection with submarine telegraphs, or with telegraphic commimica- tion with any place out of the United Kingdom. SEVENTH SCHEDULE. Regulations as to Houses of the Legis- !,i. latuke xvxd the members thereof. Legislative Council. (1) There shall be a separate register of electors of councillors of the Legislative Council which shall be made, until otherwise provided by Irish Act, in like manner as the parliamentary register of electors (2) Where, for the election of councillors, any counties are combined so as to form one constituency, then until otheiwise provided by Irish Act, (a) the returning officer for the whole constituency shall be that one of the returning officers for Parliamentary elections for those counties to whom the \mt is addressed, and the A\Tit shall be addressed to the returning officer for the constituency with the largest popu- lation, according to the census of 1891 ; {b) the returning officer shall have the same authority throughout the whole constituency as a I'eturning officer to a Parliamentary election foi' a coiuity has in the county ; {c) the registers of electors of each county shall jointly be the register of electors for the constituency ; {d) for the puifioses of this Schedule " county " includes a county of a city or town, and this Schedule, and the law relating to the qualification of electors, shall apply, as if the county of a city or town formed part of the county at large with which it is combined, and the qualification in the county of a city or town shall be the same as in such county at large. (.3) Writs shall be issued for the election of councillors at such time not less than one nor more than three months before the dav ( 2:53 ) THE HOME RULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1912. 1893, As amended. the periodical retirement of councillors as the Lord Lieutenant in Council may fix. (4) The day for the periodical retirement of councillors shall until otherwise provided by Irish Act be the last day of August in every fourth year. (5) For the purposes of such retirement, the constituencies shall be divided into two equal divisions, and the constituencies in each province shall be divided as nearly as may be equally bet\\een those divisions and constituencies returning two or more members shall be treated as two or more constituencies, and placed in both divisions. ((3) Subject as aforesaid, the particular constituencies which are to be in each division shall be determined by lot. (7) The said division and Jot shall be made and conducted before the appointed day in manner directed by the Lord Lieutenant in Council. (8) The first councillors elected for the constituencies in the first division shall retire on the first day of retirement ^hich occurs after the first meeting of the Irish Legis- lature, and the first councillors for the con- stituencies in the second division shall retire on the second day of retirement after that meeting. (9) Any casual vacancy among the coun- cillors shall be filled by a new election, but the councillor filling the vacancy shall retire at the time at ^^•hich the vacating councillor would have retired. Legislative Assembly. (10) The Parliamentary register of elector* for the time being shall, until otherwise pro- vided by Irish Act, be the register of electors of the Legislative Assembly. Transitory. (20) The Lord Lieutenant in Council may, before the appointed day, make regulations for the followdng purposes : — («) The making of a register of electors of councillors in time for the election of the first councillors, and with that object for the variation of the days relating to registration in the existing election laws, and for prescribing the duties of officers, and for making such adaptations of those laws as appear necessary or proper for duly making a register ; (h) The summonmg of the two Houses of the Legislature of Ireland, the issue of writs and any other things appearing to be necessary or proper for the election of members of the two Houses ; (c) The election of a chairman (^^•hethe^ called Speaker, President, or by any other name) of each House, the quorum of each House, the communications between the two Houses, and such adaptation to the proceedings of the two ( 234 ) THE HOME RULE BILL, 1912, COMPARED WITH. THE PREVIOUS BILLS. 1893, Aa introduced. for the periodical retirement of councillors as the Lord Lieutenant in Council may fix. (4) The day for the periodical retirement of councillors shall xmtil otherwise provided by Irish Act be the last day of August in every fourth year. (5) For the pui-poses of such retirement, the constituencies shall be divided into two equal divisions, and the constituencies in each province shall be divided as neaily as may be equally between those divisions, and constituencies returning two or more members shall be treated as two or more constituencies, and placed in both divisions. (6) Subject as aforesaid, the particular constituencies which are to be in each division shall be determined by lot. (7) The said division and lot shall bo made and conducted before the appointed day in manner directed by the Lord Lieutenant in Council. (8) The first councillors elected for the constituencies in the first division shall retire on the first day of retirement which occurs after the first meeting of the Irish Legislature, and the first councillors for the constituencies in the second division shall retire on the second day of retirement after that meeting. (9) Any casual vacancy among the coun- cillors shall be filled by a new election, but the councillor filling the vacancy shall retire at the time at which tlic vacating councillor would have retii'ed. Legislative Assembly. (10) The Parliamentary register of electors for the time being shall, until otherwise pro- vided by Irish Act, be the register of electors of the Legislative Assembh'. Transitory. (20) The Lord Lieutenant m Council may, before the appointed day, make regulations for the following purposes : — (a) The making of a register of electors of councillors in time for the election of the first councillors, and with that object for the variation of the days relating to registration in the existing election laws, and for prescribing the duties of officers, and for making such adaptations of those laws as appear necessary or proper for duly making a register ; (6) The summoning of the two Houses of the Legislature of Ireland, the issue of Avrits and any othcj' things apiJearing to be necessary or proper for the election of members of the t\\o Houses ; (c) The election of a chairman (whether called Speaker, President, or by any other name) of each House, the quorum of each House, the communications between the two Houses, and such adaptation to the proceedings of the two 1886. FIFTH SCHEDULE. Transitory Provisions. ( -235 ) THE HOME RULE BILL. 1912. COMPARED WITH THE PREVIOUS BILLS. 1912. 1893, As amended. Houses of the piocedure of Parliament, as appears expedient for facilitating the conduct of business by those Houses on their first meeting ; (d) The adaptation to the two Houses and the members thereof of any laws and customs relating to the House of Commons or the members thereof ; (e) The deliberation and voting togetlier of tlie two Houses in cases provided by this Act. (21) The regulations may be altered by Irish Act, and also in so far as they concern the procedure of either House alone, by Standing Orders of that House, but shall, until altered, have effect as if enacted in this Act. ( 236 j THE HOME KULE BILL, 1912, COMPARED WITH THE PREVIOUS BILLS. 1893, As introduced. 188fi. Houses of the procedure of Parliament, as appears expedient for facilitating the conduct of the business by those Houses on their first meeting ; (d) The adaptation to the two Houses and the members thereof of any laws and customs relating to the House of Commons or the members thereof ; (e) The deliberation and voting together of the two Houses in cases provided by this Act. (21) The regulations may bo altered by Irish Act, and also in so far as they concern the procedure of either House alone, by Standing Orders of that House, but shall, until altered, have effect as if enacted in this Act. ( 237 ) Notes. ( 238 ) Notes. < 239 ) Notes. 240 ) THE HOME RULE BILL, 1893. The following pages contain a brief summary of the principal arguments brought forward in connection with the more important amendments moved in Committee and Report. [Note. — T/ir jlf/ufes in fh'; nturrjin refer to thn lines in the Home Rule Bill ns introduced in 189:^. The ai,brei-inl ions at the head of the amendments refer to the clauses {('I.) of'thr same Bill and to the line (L.) of the clause.] Committee Stage. 10 Legislatwe Aiithorihj. 1. On and ajtcr 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. That Clause 1 be postponed. Mr. J. Chamberlain : If assented to, he would move postpone- ment ot all clauses down to Clause 9, because he did not know ^\■hat was to become of Lecrislature of Great Britain. Custom of Governments to lay whole policy before House. Three ways of dealing with Irish represen- tation at Westminster ; (1) Exclusion. (Proposal of 1886 Bill.) (2) nines omnia. (3) Plan proposed in the Bill. Would Government adhere to plan proposed, or would they change ? Mr. Gladston e : Useless to discuss Irish Representation at West- minster before Clause 1 was passed. — Rejected, 270 to 213. May 8th. Cols. 348-361. CI. 1, L. 11 : Before " on " insert " Without in any way whatever impairing, restricting, or altering the supreme power and authority of Parliament in all matters, as well local as Luperial, and over all persons in Great Britain and Ireland." Mr. Darling wished no uncertainty left upon this point. Parnell had demanded unrestiicted Parliament, which no one now asked for. Supremacy of Imperial Parliament was provided in Preamble, but to make sure he wished a clause in the Bill also. Mr. Glads tone : Words in Preamble apply to whole Bill ; if words were in Clause 1 they would apply only to Clause 1. Mr. Balfour supported Amendment because he wanted to put matter beyond doubt. He wished to declare distinctly that Imperial Parliament, not only has legal right to deal witli Irish local affairs and with any person in Ireland, but that the Act contemplates the exercise of that right.— -Rejected, 285 to 233. May 8th. Col. 361. CI. 1, Z. 11 : After " Ireland " insert " Subordinate Parliament." Mr. Bartley said his amendment was to " test the sincerity "" of the Government, as to \\hether they really meant the Imperial Parliament to be supreme. Mr. Gladstone objected to the phrase " test the sincerity " of the Government as overstepping bounds of courtesy. He did not think the word " suboi-dinate " strengtlicucd power of the Imperial Pailiamcnt. The word had never been used referring to Parliaments of the Colonies. ( 241 ) K Viscount Cranborne said there were three views as to supremacy of lmp3rial Parliament : (1) Dormant supremacy of Mr. Redmond. (2) Inahenable supremacy of Mr. Gladstone (no provision necessary). (3) Real supi'emacy of Moderate Gladstone Party. Mr. Balfour said the only argument they had received against the amendment was one of the Prime Minister's ^hen he said that the word " subordinate " would hurt the susceptibilities of the Irish. — Rejected, 292 to 257. May 9th. Cols. 465-493. CI. 1, L. 12 : Leave out " Legislature " and insert " Parliament." 3Ir. Redmond said that the Irish were accustomed to the word " Parliament " in their history and that its inclusion would satisfy their ^s-idespread sentiment. Mr. GladMone said that no Colonies (except Canada) had the v/ord ParUament : and he did not see necessity of changing. — Rejected, 466 to 40- May 9th. Cols. 493-526. CI. 1, L. 12 : Leave out " and of two Houses, the Legislative Council." Mr. Russell said this was to prevent setting up a Second Chamber. A large number of Governments did not believe in a Second Chamber : so he supposed it was to be set up as safeguard of the minority. He wished to know if it was to be a real or sham protection. He thought the Irish Parliament would have a large majority of agrarian members. Second Chamber would be no safeguard. Mr. Heneage wanted to know who asked for a Second Chamber ? It would be no safeguard to Ulster. Mr. Gladdone said he was sure an Elective Assembly would be best Second Chamber, but that \vould be left to the Committee. All Colonies have Second Chamber. Mr. PlunkHf : Second Chamber useless, becaxise the franchise proposed would return the same class of Members to the First as to the Second Chamber. Minority would have worse chance from Second than First probably, because farmers (tenant) would be more numerous in Second and tiiey are under thumb of Priests, and Representatives of Boroughs being more intelligent (in First Chamber) would be more sensible and indei}?ndent. Mr. Balfour said that the proper, safe and best Second Chamber was the House of Commons in England, which therefore must be supreme over the Irish Parliament. — Rejected, 295 to 24i. Mav 9th and 10th. Cols. 526-539, 550-507. CI. 1, L. 13 : Leave out '" the Legislative Council and the Legisla- tive Assembly " and insert " to be styled the Senate and House of Commons of Ireland." Mr. Redmond snid : Strong sentiment in favour of words " House of Commons." Mr. Morley said Government could not accept Amendment. Canada only of the Colonies uses word " Parliament '" because it is at the head of Federation. They had already decided not to use A\ord '" Parliament," and for similar reasons rejected present Amendment. First portion withdraum and second rejected by 482 to 34. May llth. C-ils. 654-%7. Question proposed : " That Clause 1 stand part of the Bill." CI. 1 : Leave out Clause 1. Mr. Barthy : Irish Parliament would be rival to the House of Commons, and was first step towards destroying United Empire. Mr. Hanhury wanted guidance from Solicitor-General as to — (1) Was Irish Legislature to be on Colonial model ? (2) Who was to represent Ireland in House of Commons and answer questions. Mr. J. Chamherhiin said the Government had promised to have an open mind and give full consideration to Opposition's arguments. Had ( 242 ) they done so on Clause 1 ? No ! Governmeut had been silent and hardly- produced an argument. Points upon which the Opposition still know nothing are : (1) If Government hold that, when a great majority of some Natitm desires self-rule it should have a subordinate legisla- ture, why sliould not Ulster have separate legislature from rest of Ireland ? Chief Secretary recognised gravity of sitiuition in Ulster. Ulster would not stand Home Rule. What remedy or proposal had the Government ? (2) What about the retention of Irish Members in this House ?" The Government evidently want to restrict discussion of each clause and ea^h amendmer.t entirely to matters in each clause or amendment, without slightest regard to their relation to other parts of the Bill. Are Iristi Members to be retained for Imperial subjects and not for British subjects ? Are Irish Members (with a Parliament of their own) to come lierc and discuss British subjects '! If Government would give definite answer it would shorten debate considerably. (3) Financial arrangements under this Bil! : These have been put at end of Bill, and so we have to pass whole Bill before we can know the cost. I fear the whole financial scheme (if the Government has broken down, and yet we are not to know the alternative one until end of Bill. It must be costly to this country in any case. ( \) What about War Subsidy from Ireland ? We oppose the Bill because we believe that in time of war we could not rely on resources of Ireland as we can at present. Why are we in the dark about this ? Because Irish Members liavc said they object to a subsidy in time of war. Things we have heard something about : ( 1 ) Second Chamber. Tiii- Govf rnnient who are going to get up an agitation against our House of Lords, try and set up a shoddv Iii^h one. It can be no safeguar.l to Irish and it has been proved it cannot be effectivr. Will the Govern- ment tell us their effective alternative Second Chamber and what it will be like ? (2) Supremacy of Imperial Parliament. Government have promised a real and active supremacy. Do Irish Members agree with that '! Jlr. Paniell said " Ireland would admit no English veto as far as her own interests were con- cerned." Mr. Redmond quoted Mr. Parnell's words as his own opinion. Mr. Gladstone. : Mr. Chamberlain evidently wishes to waste time, so that this Bill cannot be passed in this Session. I have made an explanation of all the points he argues about and he should be in the dark about none of them. Soli citor-General (Sir John Righy) : If tliis Bill becomes law as it stands, the English Parliament legally must be supreme, and no extra clause is necessary to make it so ; but if some consciences need quieting, some broad clause recognising the superiority of Imperial Parliament will be considered by Government if proposed at beainiiing or end of the Bill. Mr. B'llfnur : If we pass this clause, we pass the principle of the measure. TiuTTudefeasible authority of this Parliament rests, as has been proved, upon Statute ; and what Statute has made, Statute can destroy. Procedure of Prime Minister on t\\o points : (1) Retention of Irish Members. On this question the rest of tlie clauses hang, and what the decision of t!\c Government is on this point decides whether certain modifications may or may not be necessary on nearly every other clause. But Prime IMinister A\-ill not tell us his policy. (2) Declarations of Irish Parties as to supremacy of Imperial Parliament. Many quotations were given by Mr. Ghamberlain proving that till a recent date Irish Jlembers did not tliink the supremacy of the Imperial Parliament would be necessary. The Prime Minister did not answer this nor did the Irisli Members. Have they changed or have they not ? —Clause parsed, 309 to 267. Mav 11th and 12th. Cols. G67-728 and 791-S31. ( 243 ) K 2 2. With the exceptions and subject to the restrictions in this Act mentioned, there shall be granted to the Irish Legislature 15 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. CI. 2, LI. 14 and 15 : Leave out all words from commencement of clause to the word " there " in Line 15. Mr. Cavendi/ih : This amendment would raise the principle upon which the powers to be conferred on the Irisli Legislature should be given. There were two methods in 1886 Bill advocated by the Prime Minister. These were : (1) Endowment of Legislative Body with special and specific powers. (2) Endowment of Legislative Body with general powers with special exceptions. Mr. Chamberlain : A most impoi'tant amendment. Which of the two alternatives are we to make use of ? Precedent, in the case ot Canada and the United States, points to No. 1 ; which is the more natural. Should not the Government state what it is going to give the Irish Members, instead of leaving it in doubt and giving them more perhaps than they ask for and moi'e than we wish to give. Also this way is the only way of letting the Committee and the country know exactly what we are doing. If No. 2 is used, there are bound to be questions which will be overlooked, which the Imperial Parliament nevertheless would wish to have in its own hands, viz. : (a) Marriage and Divorce. Does Government intend Irish Parhament to deal with civil marriages ? Also (h) Factory Legislation. We in England have imposed obligations on manufacturers in interest of workers ; if Irish may relieve manufacturers, they would be in better competitive condition than the English ones, (c) Also Navigation : this is excluded from Irish Parliament ; but what does Navigation mean ? Is merchant shipping included in the term ? Can English shipowners who object to our regulations transfer to Ireland to escape them ? It is granted that this Bill is in the nature of an experiment. Surely, No. 1, with poweis to add more hei-eafter, is better than No. 2, from which scheme it would be very hard to take anything away. Mr. Gladdone : The amendment seems to widen the powers of the Irish Parhament lather than curtail them. The Government look on this Bill as having two sides, and they divide the subjects of Government as between Ireland and Great Britain into tAvo classes : (1) Those which are of common Imperial intere.«t. (2) Tliose of local or domestic interest to Ireland. If we pass this amendment and subsequent ones, will Mr. Chamberlain accept the Bill ? No ! Then why should we, esjjecially when we think our proposal best. We will hand over the marriage law to Irish Parlia- ment, because already they have a different one from us ; also factory legislation, because if Irish suffer, they will suffer at hands of people they have chosen to govern them. The question of principle is involved. Ireland desires restoration of power of dealing with her local concerns. Mr. Matthews : It may be said there is a difference in marriage laws between England and Scotland : is that any reason for setting up a third code. The same with crimmal law. The only way to preserve practical control is to part wholly with subjects with which you do not wish to interfere, and to reserve subjects with which you do wish to interfere. Mr. Haldane said plans of our other Colonies entirely supported the Government plan in Ireland and that Mr. Cliamberlain was wrong in stating the contrary. Colonies had Legislatures with powers to make laws, for the peace, order, and good government of the country. Mr. Russell said he could not understand Mr. Haldane. Canada was a perlect analogy to this aurendment. What about Sections 91 and 92 of British North America Act. In these sections the work and subjects of Provincial Legislatures were set out and enumerated. If they went beyond them the Supreme Courts of Canada declared them imconstitutional, —Rejected, 275-228. May 12th and 15th. Cols. S31-S35 and 931-965. ( 241 ) €1. 2, L. U : Leave out " and subject to the restrictions." Mr. Barllei/ said he wished to remove two classes of restrictions from Bill : (1) Religion, (2) Morality. It was well known 'that Ireland was ruled by priests, and would go on Ix'inc' ruled by priests. But the CJovernraent tmsted Ireland so little tliat"it inserted restrictions in Bill saying "Thou shalt not kill" and " Thou shalt not steal." If Irish Members remained in English Parlia- ment, how long would these restrictions last ? Mr. Gladdom said the amendment (first of its kind from Opposition) was attempt to enlarge scope of the Bill. The Government's clause was an attempt to narrow the scope : and all the restrictions were inserted by consent of Irish Members. Mr. Rosa : These safeguards are merely shams, and r.re no protection to minoiity, and are adoi)ted merely for protection of the Clovernment at next election, when the blame of the Bill falls on them. Mr. Balfour said the Bill was full of illusory safeguards, bu<. that this amendmelit tlid away with some safeguards which were better in the Bill, and so he thought the amendment would bo better withdrawn. Mr. Bartkii : By leave, withdraw amendment. — May 15th. Cols. 96-5-972. Jl. 2, L. 15 : After " mentioned " insert " and subject to the assent of Parliament, as hereinafter provided." Mr. Bousfield said this \\as one of a series to maintain supremacy of ImperiaTParliament. He w ished all Bills passwl in the two Irish Houses, to be of necessity pasfei by the two English Houses, before they became law. Therefore he wished 4(J days to elapse after Bill passed in Ireland to give English Parliament time to debate it. The Chairman infonned Mr. Bousfield that by moving this amend- ment he would prevent several amendments on Clause 5 being moved at all. Mr. Bousfield therefore did not move his amendment.— May 15th. Cols. 972-981. ■CI. 2, L. 15 : Leave out " granted " and insert " delegated." Commander Bethell : The question of supremacy again. Government had promised to consider a clause or amendment dealing with supremacy, and he hoped they would accept this one. More restricted powers evidently were to be given to Irish Parliament than to Colonies, and the Opposition would go on discussing supremacy until some concession v^as made. Mr. MorUy said putting " delegated " instead of " granted " did not appear to him to make more sure the supremacy of the Imperial Parliament. ' i Mr. Goschen said " granted "' meant " given, possibly without the power ot taking away again " ; " delegated " meant " confiding only temporarily."— /Jejed/rf, 251 to ISH. May 15th. Cols. 981-987. €1. 2, L. 16 : Leave out words " peace, order, and good govern- ment," and insert " making, maintaining, and improving of railwavs, tramways, canals, waterworks, reservoirs, gas and lighting works, fisheries, and all other things which are the subject-matter of Bills, known in either House of ParUanient as local Bills, and also for the confirmation of Provisional Orders in." Mr. Cross said : In the matter of Local Government Bills, he admitted Ireland had a grievance, because Imp-rial Parliament had proved itself unable to deal efficiently with these matters. Mr. Gladstone : The amendment is ludicrous. We have determined to set up a Leeislature with two Houses, and are they merely to be allowed to deal with the matters mentioned in this amendment ? ( 245 ) Mr. Cliamherlain deprecated the lack of courlosy aocoixlt-d to Mr. Cross in his maiden speech. The i^o\Nors to be given were the difficulty. The powers in this amendment were not hidicrous. when it was remembered that they were to be over a population of four to live millions. This House had been occupied for many weeks with L.C.C. and its powers : ^^'as that ludicrous ? 3Ir. Balfour said he had nothing to add to Mr. Chamberlain's remarks j but the woi'ds " p?ace, order, and good government '" seemed the ludicrous part of the claus^e and not the amendment. \\ hen one considered the men ■who were to maintain peace, preserve order, and supply good government. Sir F. Milner : This amendment exactly fitted the declarations of hon. members opposite at C4enf-ral Election — i.e., that Homi Rule for Ireland meant giving to Irish people same privileges of Local Gov.?mment which had been given to English pjopl». — Rejected, 296 to 251. May 15tli. Cols. 988-1005. CI. 2, Z. 18 : At the eud of the clause, add the words " but it shall be lawful for Her Majesty, upon the Address of both Houses of the Imperial Parliament, to diminish or restrain the whole or an}^ part of the powers herein granted to the Irish Legislature." Mr. Brodriclc said : This amendment was to obtain power for the Imperial Parhament of restraining the undue exercise of the powers granted to the Irish Legislature. In this Bill, Government reserved Land Question for three years. If Bill passed the Land Question would have to be settled by 1897, if it was not a Bill would have to be ijrought in to extend the time. Would not an address by both Houses to the Cro^vn limiting the time to three, five, or seven years be better and also a saving of time. If Bill pas-serl this House would not want to be still bothered ^nth Irish affairs. Mr. Gladstone : No need for amendment, because Executive action of Irish Legislature would be restrained by the Viceroy. The amendment really aims at all the powers bestowed by this Bill being capable of being revoked by an address from both Houses. This is quite impossible of concession by Government. The House of Commons can procure the dismissal of a Viceroy, if he is in the wTong. " Mr. Brodrick said that Irish Members had had no practice in governing and therefore were not fit to do so." He had had no experience of their inability : in fact, several of them, for instance, had grasped the Land Bill of 1881 and mastered it more thoroughly than Englishmen. Mr. Balfour said he quite agr-eed that the Irish Nationalists had no want ot capacity, but this v.-as not & question of capacity. It is a question of the control of the Executive bj' the Viceroy ( ;'. e. , as the Prime Minister says, the Imperial Parliament), but he denied that the Viceroy could do this, because by the Bill he was given no power. Therefore, he wanted in some stage of the Bill machinery to restrain any errors the Executive might make. As to the Legislature it was admitted that it might make mistakes ; but whether an address from both Houses or a special Bill were necessary, it was impossible to sav until they v/ere mformed as to Clause 9, i.e., as to whether the Irish Members would be retained in the Imperial Parliament or not. If they were, the Address might be necessary, o .ving to their opposition to a Bill. If they were not, a Bill woukl probably cause little trouble to pass and the Address would be unnecessarv. — Rejected, 303 to 247. May 16th. Cols. 1056-lOSO. CI. 2, L. 18 : Add the words " Provided that in the making of such laws, and in all matters pertaining to the carrying out of the powers conferred by this Act, both Houses shall, except as in this Act provided, have equal rights, powers and privileges." Sir H. James said : Without some words like this amendment the Second Chamber in Ireland would probably become useless. Was the First Chamber, with a Nationalist majority, to allot the powers to the Second Chamber, which was supposed to be a safeguard to the L'nionist minority ? The Nationalists would be careful to give very few, if any^ IX)wers. ( 246 ) Mr. Carson : By the 8th Section it says tliat a Bill passed by the Pirst and rejected by Second Chamber, is to In- debated by both Houses sittinrial Parliament, it will be the business of Impsrial Parliament to control, and if need be, to manage them. He did not want the supremacy of the Imperial Parliament to be the .same over Ireland, as over Canada and the Colonies, but the same over Ireland as over Kent or Suffolk. Mr. Redmond said : The supremacy of the Imperial Parliament was inalienable! Unionists seemed to mean by supremacy the riglit of Irapsrial Parliament to control and revise, day after day, every detail of Irish affairs ; making, in fact, the Imperial Parliament a sort of Court of Appi-al. That was not his idea. His idea was that Irish Legislature was to b.^ allowed to manage her own affairs, free from meddlesome interference of House of Commons, subject to one condition, i.e., that the Imperial Parliament could interfere to stop any aot of oppression or injusti-te. ( •:^47 ) Mr. GkidMone said now that Sir H. James had refused to ask leave to withdraw his amendment, he (Mr. Gladstone) was practically forced to accept it, according to his promise. But he accepted it only on the condition that it was not considered by the Government as the first of a series intended to foreshadow the limitation of the powers of the Irish Legislature. Any further amendments -with that intention would not be considered bv the Government. — Amendment accepted. May 16th. Cols. 1092-1129. CI. 2, L. 18 : At the end of clause, as amended, add " Provided that no such laws be repugnant to the law of Great Britain and Ireland." Mr. Laivson said the amendment was to provide that the Irish Legislature be in the same position as Colonial Legislature. The words came out of the 1852 Act of New Zealand. The amendment was not covered by Clause 33, which said " Acts not repugnant to Imperial Parlia- ment to be valid." His amendment was vice versa. Mr. Gladstone said this was provided for in Clause 33, and therefore he could not accept the amendment. — Rejected, 265 to 215. May 16th. Cols. 1130-1135. CI. 2 : Question put : " That Clause 2, as amended, stand part of the Bill." Mr. Bartley said this clause was the first step towards Irish inde- pendence : it granted the Irish the right of making laws for the peace, order, and good government of Ireland. Judging by Irish Members' speeches, there would be little peace when they came into power. Sir E. Ashmead-Bartlett said he opposed the clause on, first, senti- mental grounds. How could the Irish govern for the peace, order, and good management of Ireland ? The Government had wasted four days — 30 hours of debate — before they agreed to accept the amendment making the Imperial Parliament supreme. Mr. Gladstone had given the electors to think that Ireland A\ould have the same po\\'ers as the Colonies : now he denied that. He had given the Irish Members to think that Irish ParUament would have the same power as the Colonies : no\\ he added,. " with restrictions," but would not say what the restrictions weve. Canada, in 50 years, had ^iped out all the restrictions placed upon her. Would Ireland be able to do the same ? The loss of a Colony would not be a fatal blow, but the setting up of a hostile, armed power in Ireland might deal a deadly blow at the liberty and commerce of this country. Mr. H. H. Fowler said no Liberal Member, to his kno^^•ledge, supported during the elections an Irish Home Rule Measure of the gas and water type. They all upheld a Bill giving Ireland effective autonomy. Under Clause 4 there is ample protection for personal liberty and for lights of property for the minority in Ireland. The House of Commons cannot be a Court of Appeal from Ireland. But if the Irish Parliament should attempt to deprive anyone of their rights as English Citizens, then Imperial Parliament would exercise its rights by means of three modes [ of procedure : (1) Procedui'e of Reservation and Prohibition. (2) By the Veto : exercised by the Crown on the advice of the English Cabinet. (3) Last and lurest resort — i.e., Repeal by Imperial Parliament of any Irish Law. Therefore supremacy of Imperial Parliament is assured. — Clause passed, 2S7 to 225. May 17th. Cols. 1163-1197. 3. The Irish Legislature shall not have power to make laws m lespect of the following matters or any of them : — 20- (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 ( 248 ) 15 (3) Naval or military forces, or the defence of the realm ; or (4) Treaties and other relations with foieign States or the relations between different parts of Her Majesty's dominions or offences connected with such treaties or relations ; or 5 (5) Dignities or titles of honour ; or (6) Treason, treason-felony, alienage, or naturalization ; or (7) Trade with any place out of Ireland ; or quarantine, or navigation (except as respects inland waters and local health or harbour regulations) ; or 10 (8) Beacons, lighthouses, or sea marks (except so far as they can consistently with any general Act of Parliament be con- structed or maintained by a local harbour authority) ; or (9) Coinage ; legal tender ; or the standard of weights and measures ; or (10) Trade marks, merchandise marks, copyright, or patent rights. Any law made in contravention of this section shall be void. CI. 3 : That Clause 3 be postponed. Ca-pt. Naylor-Leyland \\'ished to postpone Clauses 3 and 4 until after Clause 8. After passing Clauses 1 and 2, it was in sequence now to define the Legislature they had granted. Surely they should define the com- position of the Legislature, before they considered the restrictions to be placed upon its powers. Mr. Gladstone : You must first consider the powers and afterwards the composition, because the powers are regulated by country's wants, and composition ought to be according to the powers, and the whole by reference to the wants of the countries. Viscount Cranborne said : How could they discuss Clauses 3 and 4 •without knowing anything about the finance of the Bill or the retention of Irish Members in Imperial Parliament. The different questions arising out of these two clauses depended entirely for their answers on tl\e retention of Irish Members. Mr. Foster complained that no Member of the C4overnment would answer their arguments. Were they unanswerable ? Anjdiow, the country would think so, if no answers were forthcoming. — Rejected, 273 to 240. May 17th and 30th. Cols. 1205-1210 and 1558-1566. il. 3, L. 19: After "to" insert '' discusfj or pass resolutions or to." Viscount Wolmer said : Mr. Gladstone had previously and frequently intimated that the Irish Legislature should not have " cognisance "" of certain matters, and should be precluded from doing " any act " in relation to them. Surely tliis meant more than what the Bill said, i.e., that Irish Legislature should not have power to make laws in respect of certain things. Instances : (1) Regency. — Suppose Imperial Parliament held certain views about Regency or the Regent, and at critical moment Irish Legislature pas.sed a resolution expressing entirely different views : surely a difficult position would arise. (2) Lord Lieutenant was to be Queen's Representative and Minister of Imperial Parliament in Ireland. He couUl veto Acts of Irish Parliament. He could order payments from Irish Exchequer to the English. Suppose he had to carry out views of Imperial Parliament contrary to wishes of Irish Government ? He would have difficulty. The Home Secretary .said officers of Irish Executive Government woiUd support him. Would they, if the Irish Parliament passed a resolution condemning the Lord Lieutenant's action ? (3) Peace and war. — A pleasant position for the Imperial Parliament if, in the middle of a critical war, the Irish Government passed a resolution condemning the war or sympatliising with the enemy. { 249 ) (•4) Volunteers. — Why shoull Irish Government p,t a critical time not pa^ss a resohition cahing on volunteers to band together and help them to gain greater independence (in a case reseraWing No. 3). ^5) Treaties. — As the Bill stood, Ireland might send an envoy to a foreign power. The envoy might propose a policy different to the policy of Imperial Parliament, and so use it as a lever to «'ring further concessions from \is. .What a position for the Imperial Foreign Secretary if dehcate diplomatic negotiations v.ere proceeding. Why should not an envoy to the United States, where there was a largo Irisli vote, play battledore and shuttlecock s,lmost with American parties to try and gain concessions for Ireland. (6) Treason charges. — What position would arise if Irish Parha- ment passed resolutions of condemnation upon every conviction of an Irishman for treason. Where ^\ould Officers of Justice and Ministers of Imperial Parliament be ? (7) Commerce. — Irish opinion was notoriously in favour of Protection. What would happen if Irish Legislature passed resolutions in favour of Protection Mith a foreign power, while English Minister was negotiating a Free Trade policy with the same Power. 3Ir. Gladstone admitted the amendment was important ; but would rather have it discussed without Party feeling. His Mords " cognisance " and " do not act " referred entirely to legislative action. Otherwise he would have feit in dutv bound to tell everyone and, esjiecially Irish Members, that there would be some subjects they must keep quiet about. Irish Parliament could not send an envoy abroad, because money would have to be foimd for him by Act of Parliament, \\hich would be vetoed. Is it wise to make prohibitions, which we have no means of enforcing, as in this case. Is it desirable to stop a Legislature (say the Irish one) from petitioning the Crown or Parliament upon any subjects excepted from its competency ? Viscount Wolmer interjected that ho thought some of the Irish Members were to be retained in Imperial Parliament for that purpose. Mr. Gladstone : You cannot " petition " without discussion. If you stop petitioning, in Ireland you would find the Municipal Corporation able to petition about everything and the Legisla,tive Assembly about nothing. Mr. Balfour said Mr. Gladstone was once a Member of the Government who sent Mr. Errington to Rome as an envoy, and an envoy who was not paid out of the votes of the House. This was the only argument of Viscount Wolmer's which Mr. Gladstone attempted to meet. Mr. Gladstone lias just admitted that the contract between Ireland and Britain really is worthless, because it cannot be enforced. This amendment will not do everything, but it will help. Mr. Gladstone compares Irish Legislature and the precedent in New South Wales. There is no comparison. There is no list of prohibitions in Colonial as in Irish Legislatiu'c. As to petition- ing, he would like to know definitely first as to the retention of Irish Members in Imperial Parliament. Mr. Gladstone interjected that he hoped to pass Clause 9 as it was. Mr. Baljour thanked him, but after that he did not see ■^^hat need the Irish Legislature had of petitioning when they had members ia Imperial Parhament. Mr. Diinhar Barton .said he did not see the resemblance between " resolution " and " petition." Every member of Irish Legislature could petition, "or all could sign one. The amendment meant that Irish Legisla- ture should not indulge in impotent discussions on subjects w hich liad been taken aw-ay from them. Grattan's Parliament liad disagreed with Imperial Parliament over Regency, and by resolutions had invested Regent with powers different from those granted by Imperial Parhament^and thereby caused Imperial Parhament great trouble and difficulty. Mr. Freeman- Mitjord said he could understand a friendly power of Great Britain refusing to receive an envoy, without credentials^'frora Ireland ; but he could also imderstand an unfriendly power w elcoming the envoy with open arms. No Act of Irish Legislature would be needed to provide money : that was always forthcoming when needed to harm England. ( 250 Mr. J. Chamberlain wondered hdw many members (Liberal) there were who had pledged tliemselves to limit Irish Legislature to Irisli affairs and not allow it to touch Imperial affairs. Now they m ere going to allow it to meddle by means of resolutions : i.e., to refuse it the front door, but receive it at the side door. It is probable that Irish Parliament will take a different view of Foreign Policy to ours : why should they not ? Suppose we went to war with France, would not Ireland piss resolutions in opposition to our foreign policy ? It would be most reasonable, con- sddering their 700 vears of having " iron in their souls.'" — Rejected, 259 tn hs. May 30th. Cols. 1569-1617. CI. 3, L. 19 : After the word " laws " insert " or to entertain or grant Votes in Supply, except on the recommendation of the Crown, signified by a Minister of the Imperial Govern- ment." Viscount Wolmer : The Committee must recollect that the Prime Minister had stated that by "cognisance" he meant '"legislative cognisance "" only. The amendment would be important in three cases especially : (1) Naval and Military Forces. — The amendment would prevent Votes in Supply being granted to anj* A'olunteer Force in Iieland. (2) Envoys of Foreign States. — The amendment would preyent Votes in Supply being granted to envoys, even though not accreditearefully and moderately. Mr. Balfour : The Royal Order in this country is the expression of the ^viTl of the Executive Government. If it is to be so in Ireland, there will "De no check on the Irish Executive, as the only check is the Ortler of the Lord Lieutenant, and he \\ill be acting on the advice of Irish Executive. Could not a British Minister (independent of Irish Legislature) control issues of money from Irish Trea.sury. instead of Irish Paymaster- -General, %\ho would be absolutely dependent on Irish Legislature. Mr. Gladstone said the Viceroy would have a dual personality : (T) Imperial Officer. — For guarding agrdnst infractions of the proliibitions in the Bill. (2) Irish Officer. — His relations to Irish Legislature being for Irish pui-poses. not excluded bv this Act. —Rejected, 240 to 1S8. May 31st. Cols. 1641-1662. CI. 3, L. 21 : After the first " Crown " insert " or the prerogatives or other executive power of the Crown." Mr. G. Balfour wished to know if liis object was already attained in the Bill, as he dlcl not wish to lose time. Sir J. Rigby said the "' prerogatives "' part was attained, but the ■" Executive power '" part was not. as that was a very wid3 suggestion and ( 251 ) involved many small and unimportant duties of the Sheriff even. The words " Executive power " was far too wide. — Amendment, by leave, withdnncn. May 31st. Cols. 1664-1666. CI. 3, L. 22 : Leave out " Lord Lieutenant as." General Goldsworthy said he did not see \^hy Ireland should hare a Lord Lieutenant. It would be detrimental to Irish interests. Much of the discontent in Ireland arose from their not having Local Government as the rest of the United Kingdom had. They also wanted more of Royalty. The jjresence of Royalty in Ireland and some member of it, instead of the Lord Lieutenant, M'ould do much to consolidate the country. Mr. Gladstone welcomed the speech, and sympathised and partly agreed with the amendment. The Viceroy had been apt to be a Party man, but under Home Rule he thought that would be done away Mith, as Colonia' Governors were never Party men. Anyhow, they could not part with the Viceroy, although it had been desired before. A Secretary of State residing in London \\ould be under huge disadvantages. Bui lie agreed that it ^\ ould be beneficial and possible to have a Royal Viceroy. Mr. Balfottr : How many Executive functions are now carried out by Viceroy ? Everyone kno^^'s that the tendency is almost entirely to put more and more Executive power into hands of one who is Secretary of State in everything but name ; ^^•llile Viceroy has ceremonial functions. Now, under Home Rule, the Viceroy is to be both Executive and cere- monial. That system must break down ; and besides that the Viceroy \\ill become ten times more partisan than before. Better to have twc p 'ople — one representing Royalty and the other this very hard dual Executive office. Mr. J. Morley said it was better to di.scuss this question and also the question of who, in the Imperial Parliament, was to be responsible for what goes on in Ireland, under Clause 5. — Rejected, 265 to 219. May 31st. Cols. 1666-16S2. CI. 3, L. 22 : After " or " insert " Which may affect the authority of Parliament or any part of the unwritten laws or Con- stitution of the United Kingdom of Great Britain and Ireland, whereon may depend in any degree the allegiance of any person to the Crown of the United Kingdom or the sovereignty or dominion of the Crown, within the same, or." Sir A. Scoble said : The Bill enumerated certain things which were \\"ithdra\\n from the cognisance of Irish Legislature, and so they must be very careful not to leave out things, which should be in the list of forbidden topics. Also he wished some direct statement of allegiance to the Sovereign. Sir J. Righy said all this was provided for. The words of the amend- ment suited India better and were in the Indian Council Act of 18()1. It applied to the particular position of Native Princes and their subjects. Anyone' born under the Crown must bear allegiance all life to the Crown, without oath or anything. — Rejected, 276 to 237. May 31st. Cols. 16S2-1688. CI. 3, L. 22 : After " Crown " insert " or the altering of their own name or style." Mr. Parker Smith said his object was to stop tlie Legislature in Ireland from promptly passing a Bill calling themselves a " Parlianuuit," as was done in the case of Victoria. Mr. Gladstone said the amendment was in the \\rong place and also the provision was already made. The Irish Legislature could not alter t!iis Bill, except in virtue of express power granted for the purpose. — • Rejected, 278 to 234. May 31st. Cols. 1688-1690. ( 252 ) CL 3, L. 24 : After " of war " insert " Provided always that notliing in this section shall prevent the passing of any- Irish Act whenever such Act may be necessary to provide for the proportionate contribution of Ireland to Imperial liabilities arising from a state of war or exceptional preparation for war." Mr. Gludxtone asked to be alloMed to say a word first. He thought Ireland'ought to be free to raise any liai^ility as they Hived, and also Ireland ought not to be disabled fiom raising money. The amendment was one dealing with one thing only. He proposed to substitute the following to be inserte. June oth. Cols. 249-258. CI. 3, L. 5 : After " honour " insert " except such as relate exclusivelv to and are distinctively styled Irish ditrnities or titles." Mr. Bartlej/ said he did not see why Irish Legislature should not recommend honours of an Irish nature. If the amendment was not accepted, it would lead to an agitation by the Irish Members in Imperial Parhament sooner or later. — Amendtnent negatived. June i5th. Cols. 258-260. CI. 'i, L. b : After "or" insert as new snb-.section " Appointnieiit of judges or magistrates." Mr. G. Balfour : The Solicitor-General had saiil the " Crow^n " included "' Prerogatives of the Crown." What prerogatives ? Ho had found tiiat nearly all subjects withheld in this Clause 3 from Irish Legi.sla- ture were prerogatives of the C^'own. He tliough the Irish Legislature should be deprived of the right of appointing judges and magistrates for the present. His amendment did not aim at dejiriving the Irish Legislature of this altogether, but it aimed at leaving the decision of how they were to be appainted to the Imperial Parliament. In all Constitu- tions in America, Canada, and Australia, the appointment of judges had been fixed by the Constitution. Mr. Glad-stone said they had retained the right of appointing judges for six years after this Bill came into force. After that he thought the Irish Government should do it themselves. Also the number of judges in Ireland is very extravagant, and this amendment woidd prevent the Irish Legislature from decreasing the number. Mr. Balfour did not think the amendment prevented the Irish from changing the number of judges ; but to please the Government he suggested altering the words. Revised amendment : After " or " insert " the mode of appoint- ment of judges and magistrates." Mr. J. Chamberlain said there seemed to be a little difference of opinion on this. Even if the Irish Legislature could not limit the number of judges, that would surely be equally well managed by the Imperial Parliament. All the Colonies were in favour of this amendment, i.e., their Constitution backed it up. Mr. Bryce said this was not the time to consider this ; and therefore they could not accept the amendment. Sir H. James said it was a question of legislation : so it was odd to sav this was the wrong place. — Rejected, 291 to 255. June 5th. Cols. 260-286. CI. 3, L. 6 : After " treason-feiuuy " insert " criminal conspiracy and combination." 3Ir. Butcher said this question of combination was very serious, as it had been practiscnl in Iieland considerably in matt(>rs ilealing with agriculture. He did not say there should be no change made in tlie law, but if there was a change it should l)e made by the Imperial Parliament. By his amendment the administration of the law would ))ek)ng to two Exchequer Judges, appointeil by Imi)erial Parii;iment. And a glance ( 257 ) at the leadors of the Irish Legislature in future would show that they were not unacquainted with the Law of Conspiracj% and, in fact, knew too much about it. He had grave fears for the loyal minority in Ireland if the Nationalists could change the law of conspiracy and combination. Mr. J. Morley said nobody could devise a surer way of creating friction between England and Ireland than by granting Imperial Parlia- ment the power of legislating on this most difficult point. This amendment would also prohibit the Irish Legislature from repressing conspiracy. Mr. Balfour said the whole political and agrarian controversy in Ireland for many years had been carried on by means of illegal con- spiracies, authorised by the gentlemen the Government intend to malce supreme in Ireland. Will there not be even more friction when the Lord Lieutenant vetoes the Bill of the Irish Legislature dealing, say, with the Plan of Campaign, than there will be if the Irish Legislature is forbidden to legislate about this at all ? Even if Irish Members cliange on getting Home Rule, and try and finish conspiracies, they will be unable to, owing to their old speeches and former constituents. Mr. Gladstone said the Law of Conspiracy was entirely an Irish question, and should not be witliheld from the Irish Legislature. If it was withheld it would lead to a revival of debates on Irish affairs in Imperial Parliament ^\hen Ireland had a Legislature of its own in which those affairs ought to be discussed. — Rejected, 317 to 276. June 6th. Cols. 334-354. CI. 3, Z. 6 : After " treason-felony " insert " sedition." Sir H. James : The offences of treason and treason-felony cannot be offences against the Irish Legislature without also being offences against the Crown and Empire. Surely sedition is in the same class ? If not, and if the Government refuse the amendment, you v.-ill give the Irish Legislature the power of saying that sedition is no ci'ime. .S'(> J. Rigby said sedition might be important if against the Crown or Central Government : but it might also be unimportant if against the peace, order, and good government of the country. It was so sweeping a word that its reservation would embarrass legislation against unlawful assemblies, &c. Sir H. James said he disagreed. Sedition and seditious libel is not an offence against the pei'son or against the Government or the Irish people. It is an offence against the State : whether it is small or large in degree. Mr. Asquith said if the amendment was rejected the Imperial Parlia- ment v.'ill have precisely the same power, as they had formerly, of dealing with seditions against the Central Government. That was not the question. The question was " Are you going to deprive the Irish Legisla- ture of the power of dealing with seditions against Irish Government ? " Mr. Carson said that the Irish Legislature derived its functions from Imperial Parliament, and therefore sedition against the Irish Legislature was sedition against the Imperial Parliament, and as such should be governed by the Imperial Parhament. The Solicitor-General said sedition was closely allied to treason-felony. He \\ as right. They were so closely allied that they Mould be sometimes indistinguishable crimes, and yet uith different procedure for trying. Who Mas to say M'hich crime it M'as ? —Rejected, 304 to 255. June 6th. Cols. 354-361. CI. 3, X. 6 : After " treason-felony " insert " intimidation and unlawful assembly." Mr. Stv.art Worthy said this amendment Mas allied to " treason- felony," but he did not expect it Mould receive much respect, as usual, from the Government. Intimidation had, before noM, driven England's Mcalth from Ireland, without which Ireland could not flourish, and he expected it to do so to a greater degree under Home Rule. Mr. M orley said they had refused to M'ithdraM' the jirevious word " sedition " and now they Mere asked to M-ithdraM- M-ords concerning lesser offences. This Mas ridiculous. It Mould deprive Irish Legislature of the poMer of keeping order in the streets of Dublin and Belfast. ( 258 ) Mr. Balloui- said Mr. Morley's aigumoiit was that havir.g already iomnntted a great blunder, it was illogical not to commit a smaller one. He was doubtlul if this was the smaller one. He thought " intimi'lation " was the means by which these unlawful conspiracies had been carried into effect in Ireland. Are not these unlawful assemblies in harmony with the public opinit)n of the district ? Have the Irish Representatives in Imp'-rial Parliament ever denounced their action ? If Mr. Morley s answer to these two questions is in the affirmative, how can he leave to the Irish Legislature and to Irish public opinion the power of manu- facturing laws concerning these unlawful assemblies ? He said he could prove all these questions true in fact over antl over again ; and also that these assemblies are for purposes of intimidation. To give the power to the Irish Legislature of making these laws was an outrageous neglect of their duty to the Irish loyal minority.— iff /cc/erf, •242 to 192. June (Jth. Col. 367. CI. 3, L. 6 : At end, add " Repeal or aineiubnent of The Explosives Substances Act, 1883." Mr. Stuart Worthy said the (lovernmeut would say this had been dealt with previously, but it coveretl more than the previous amendment. Sir II'. Harcourt said this amendment was ridiculous. The Explosives Substances Act punishes p?ople v. ho manufacture explosives for murderous purposes. Is the Irish Parliament likely to repeal that ? 3/r. Balfour said the opinion on dynamite outrages was different in Ireland to WhaF it was in Englautl. Irish Members urge the release of the dynamite prisoners. They act as the prisoners' mouthpiece and the prisoners think dynamite outrages the patriotic outrages of patriotic men. a widespread'feeling in Ireland. — Najailvcd. June (Hh. Col. 365. CI. 3. L. 6 : After " treason-felony " insert " procedure in criminal matters." Mr. Dunbar- Barton said his amendment was to ensure that the Encllslr code of Criminal Law and Procedure, which was reccgnised as the best in the \\orld, should hold in Ireland and not be liable to alteration. Unless the amendment was accepted, the Irish Legislature could change any points which might affect the liberty of the people. That would be the safest way the Nationalist majority could hurt the loyal minority. In the British North America Act the 'local Legislatures had civil pro- cedure, but not criminal procedure ; and the case of this in the United States was stronger. Sir J. Bighy did not think our code of criminal procedure perfect. It was very far from that. If Irish Legislature can alter substance matter in criminal law, it follow s that subsidiary questions of procedure also belong to it. Mr. Barton's precedents were bad : Canada's Dominion Parliament had control over criminal cases and not Imperial Parliament. In the LTnited States the Federal Government has nothing to do with the procedure. In CaUfomia the Sovereign State tloes take certain matter.s of procedure away : but they may alter the exceptional procedure any time by Constitutional amendments. Anyhow, the Federal Government ■cannot alter the procedure, only the State may. Mr. Carson said the Government had excluded treason, foreign enlistment and coinage, &c., from Irish Legislature, but ^vas Irish Legisla- ture to have fidi p)wer over the procedure with regard to these matters ? Take the matter ot coinage : this was cxchulcd from the Irish Legislature, yet coidd it regidate the procedure in relation to offences against the coinage ? Coidd Irish Legislature do away with the indictment before a grand jury ? Could Irish Legislature do away with the legal \yarrant necessary for habeas corpus cases and so do away practically with the writ of habeas corpv>! / How are Enghsh warrants in Irelan-i and Irish warrants in England to be enforced ? The In>pL>ctor-(;eneral. who at present backs the w arrant, is t j be abolished. What was to be substituted? If nothing, then you would have no Impr^rial officer to intervene between processes issued by magistrates, who were under Ii-ish Legislature, and the arrest of the person in this countr)'. Sir J. Bigby said the Foreign Enlistments Act has been covered befoi-e! The Government had excluded treason, treasin-felony. &c., ( 259 ) . from the Irish Legislature, and by so doing had exchidcd any change of procedure as well with regard to these matters. The Queeri in Council can make adaptation to Ireland (Clause 36) of any matters in dispute, which would apply to warrants issued in England or Ireland. Also order made in England for execution in Ireland does not concern Ireland exclusively, and Ireland could have no sort of jurisdiction. Even if you did deprive Irish Legislature of the right of criminal procedure, it would still have civil action and right to levy damages. Sir H. James said everything that occurs outside Ireland is proliibited to be dealt with by this Act. Why ? Because you do not trust the Irish Legislature. But also you -will not trust the Irish Judicature. Yoii appoint two English judges to do the trying. What is the use of that if their procedure is to be controlled by the Irish Legislature ? It ^^ill make justice a farce. The Sohcitor-Gencral says " The Irish Legislature are prohibited from deahng with treason, &c."" But are they ? The Bill does not prevent the Irish Legislature from dealing with the case itself ; i.e., it might enact that a man condemned to death be admitted to bail. Mr. Asquith : This third clause does not exclude certain matters from the Irish Legislatin-e because we do not trust it. but because these matters have not got exclusively to do with peace, order, and good govern- ment of Irish affairs. If you give a Legislature power to make a sub- stantive la^^•, necessarily you give it the power of regulating the procedure by which the law is to be carried out : and i^icc i^o-fio, if you do not give the substantive law, yoii also withdraw the power of regulating the procedure. If there is any doubt of this. Clause 19 provides tor it. Mr. Goschen said it was strange that in all amendments accepted or inserted, or points granted in debate, the balance was granted to the Irish against the British public, and no points in the favour of the British were accepted. The Government says it is insulting to the Irish people not to alloA\- them command over their criminal procedure, and yet the Government prohibits them from dealing with ediication, with the educa- tion of their own children. — Rejected, 293 to 253. June (ith. Col. 371. CL 3, L. 6 : At end, add " The execution and carrying out in. Ireland of warrants for arrest in criminal process issued in Great Britain, and the execution and carrying out in Great Britain of warrants for arrest in criminal process issued in Ireland." Mr. Carson said this had ali'cady been discussed on previous amend- ment, but as the Solicitor-General and the Home Secretary seemed tO' hold different views, he had introduced it again to find out for certain. — Rejected, 282 to 246. June 6th. Col. 398. CI. 3, L. 6 : After " alienage " insert " the nnmigration and expulsion of aliens, the right of aliens resident in Ireland." Mr. Brodrick said that in 1892 the United States Government had refused to admit certain Irish immigrants, because they were paupers. And they actually turned back men ^^^th money. Suppose that occurred in future, Ireland might prohibit American immigrants from Irish land and so rouse ill-feeling betweeif America and Great Britain. Ireland might do the same with other foreign countries and give offence to all European nations. The same with aliens. Could Ireland expel all aliens and so compromise our relations with foreign countries ? Immigratiou is not a matter strictly domestic. The status of aliens should be withheld, in case it embroiled England in trouble. Mr. J. Morley said the Govemr.\ent considered the question covered by Section o, Clause 3, but in case of doubt would accejit the amendment with slight change. — Amendmrnt irithdraini. .luuc 6th and 7th. Col. 400. CI. 3, L. 6 : Amendment substituted for above : After word " alienage " insert " aliens." Mr. J. Morley moved the amendTnont in accorilancc with agreement witiii Mr. Brodrick. ( 2(;o ) Mr Healy sanl " alienage "" \\aR suffitient without " alien>^."" By accepting these small amendments the Goyemmcnt were allowing the Opposition to say that they were araendmg the defects ni the Bill. Mr. Clancy xsashed to know if the insertion of " aliens " prevented fie iTRTTe^slature from legislating about aliens at all ; for example xxas the Irish Legislature prevented from enfranchising aliens, if they w ished to ? . i i • i. i Mr Sexton said by introducing " aliens " you introduced into a clause ,lealiSi"^^lth^biects for the first time words dealing with people. This Wso far prohibited subjects only and ought not to be enlarged to Snchide persons. He thought the matter should be postponed fox deliberation. Mr Heah/ wished to ask the Solicitor-General a question. Suppose a nuSiber of foreign aliens in paverty landed in Dublin ami flooded the workhouses and poorhouses ; would the Irish Legislature have no power over them ? No power to deport them ? Sir J Right! said any general law, of course, would affect aUens as mucirTs'thiTest of the community : but the Irish Legislature could not pass laws deahng exclusively with aliens, loreign countries treat our subjects as we treat theirs, but if Ireland treated some foreign countiy s. subjects differently to the way England treated them, we would at once have friction. Mr J Lou-ther svmpathised with Mr. Healy's question to the Solicitor- General' as regards the flooding of Dublin and Cork with aUens. He recognised tliat to grant the Irish Legislature the right to legislate con- ceS aliens would be replete with danger. But he thought the wises course%voul J. Righy apologised for not being clear. With " inland waters " were included baj s, estuaries, &c. Everything above bridges is inland water, though the river be connected with the sea. — Withdraxcn. June 8th. Col. 584. CI. 3, L. 9 : After " or " insert " prize or booty of war, or offences committed on the high seas, or . ." Commander Bethell said this was at present under the jurisdiction of the Admiralty Court. He did not wish to interfere with that ; but he wished to prevent the Irish Legislature from varying the law which^the Admiraltj' Court now exercised. ( 263 ) Sir J. Righy said this was not an Irish affair, and therefore could nifc be touched by the Irish Legislature. — Negatived. June 8th. Col. 587. CI. 3, L. 10 : Leave out Sub-section (8). Mr. Bartley thought this section would lead to a lot of friction, and so wished it left out. Mr. Morley said the authority in Ireland is the Commissioner of Lights, who is under the Board of Trade. This section is to leave power to Irish Legislature to entrust local harbour aiithorities with the power of putting up lighthouses, subject to supervision of Board of Trade, so that nothing can be done without the Board of Trade. Mr. Healy wished to abolish the Irish Lights Board, who were useless, and substitute a proper Imperial Department, under the Board of Trade. — Amendment withdrawn. June 8th. Col. 589. ■CI. 3, L. 10 : For " beacons, lighthouses, or sea marks " insert " lighthouses, buoys, or beacons within the meaning of the Merchant Shipping Act, 1854." Mr. Morley said this was merely to bring the section into agreement with the Merchant Shipping Act. — Inserted. June 8th. Col. 597. CI. 3, L. 12 : After " or " to insert a new sub-section : " Factories, workshops, and mines, or the regulation of the hours of labour of men, women and children in factories, workshops, and mines." Mr. Whiteley wanted to safeguard the Irish people who ^\'orked in factories and mines in the enjoyment of the benefits of existing legislation, so that the Irish Legislature could not interfere with these benefits, and by so doing make the condition of the Irish factory hands different to that of the English. Mr. Gladstone said the amendment was impossible. Members seemed to fear th-at by legislation the Irish Legislature might provide a new and formidable competition to British manufacturers. This was ridiculous, as British manufacturers \\ ere too deeply rooted to be disturbed. Besides, the amendment would touch many purely domestic affairs. The amend- ment would touch such things as the sanitary laws ; surely that was a matter for the Irish Legislature. Sir J. Oorst said he agreed that the Irish Legislature should have power over most of these domestic details, but he objected to them having power of legislation over factories, &c., because he expected industrial legislation would soon become international. He referred to the 1891 Conference at Berlin. If they had similar future conferences, one delegate from England would I'epresent England and Ireland, as Ireland was forbidden to have a delegate (Sub-section 5). So that Ireland would bo able to legislate about industry, but could not be represented at industrial conferences, and therefore probably Ireland would legislate contrarily to the findings of the conference, and, any^\'ay, would refuse to legislate in any way to give effect to any stipulation the Imperial representative might make. Col. Bridgeman wished to know if the Prime Minister would accept the amendment without the word " workshops," and so as to find out, he moved that the word be left out. Mr. J. Morley said he could not accept the amendment to the amend- ment, and so it w as withdrawn. Mr. Chamberlain said it was admitted that if the Irish Legislature abandoned the eight-hour day and instituted a ten-hour day. it would set up serious competition to British eight-hour day industries. However, the Government said that the people in Ireland would not return Members who wished to interfere with the eight-hour day, and also that the Legisla- ture would not he so foolish as to pass laws to that effect. Why should it be foolish 'i Do Germany and France follow our leatl with an eight-hour day ? No ! And yet do we call them foolish for not doing so. Then Mr. Mather said that the majority in the Irish Legislature will bo ( 264 ) representatives of the working class, and therefore they would not allow this. That is not true. The majority must be small tenant farmers, than whom one ean find no one who kiuMvs less of industrial concerns. — Rejected, 29S to 26S. -Tune 8th and 9th. Col. 5f)S. CI. 3, L. 13 : Leave out " legal tender " and insert " currency." Sir J. Lubbock said it was very necessary that Great Britain and Ireland shouR have the same currency. Unless strictly forbidden, it would be possible and very tempting for the Irish Legislature to issue notes, which would not be " legal tender." It had been done m many countries with disaster to the countries : i.e., Peru, Chuia, Russia^ Austria, &c. Sir W. Harcourt said under the Bill the Irish Legislature were pve- vented from making" their notes legal tender. Without that proliibition he agreed it would be very dangerous. But as it is, if we give Ireland a Legislature we ought to" allow her to select the currency she desires. If she wishes £1 notes (as at present) or £2 notes, why should she not have them ? Mr. Goschen said that was not the most important point. Should an inexperienced Government have the p^wer to issue bank notes and change the privileges the Irish banks enjoy at present ? The Chancellor (Sir W. Harcourt) says the people need not accept the notes ; but the people are accustomed to £1 notes and would accept them readily, especially so if they have confidence in the Legislature. Also the Legislature might want a quarter of a million. By the Bill they could issue a quart.-- of a million £1 notes without any reserve of gold. Therefore, if the CJovern- ment refuse the amendment, anyhow we should restrict the Irish Legisla- ture from issuing notes without being represented by gold. Sir W. Harcourt said the amendment went too far in depriving Ireland of all control over currency ; but if the amendment \\ere not pressed, as a compromise, and without depriving the Legislature of all control, he would undertake to consider some safeguards to be introdticed hereafter, safeguards against the Legislature interfering Avith the banks and against it issuing notes without security. — Amendment withdrau-ii. June 9th. ; Col. 678. CI. 3, L. 13 : After " legal tender " insert " banks, bills of exchange." Sir J. Lubbock : ^'arious countries have tried to raise loans by grantrng"privilegcs"to a bank, a plan injudicious and often disastrous- Is Ireland to be allowed to do this ? The Irish banks are prosperous. Why interfere with them ? Their piid-up capital had deteriorated £1,500,000 in 12 months : i.e., since the Home Ruie Bill was talked of. The deterioration would increase unless safeguards were adopted, and unless the banks were confident of being left alone. Bills of exchange is a subject of great importance. The Bill of 1882 settled this question so satisfactorily that there have been few serious cases since. That Bill gave us uniformity of law in the United Kingdom, and this amendment wouicl keep that imiformity, ^\•hich is admitted by most to be beneficial all round. Mr. Gladstone said this p tint was inseparable from other legislation, including commercial legislation, and so he could not accept it. He was very averse to the method of the Opposition in trying to deprive the Irish Legislature of all real power of legislation. One thing he giant(>d, how ever, was that foreign bills of exchange, including those drawn on England, coukl not be touched by the Irish Legislature. England had notlung to be proud of in her laws on this matter, and he saw no reason why Ireland should not look after her banks and bills better than England had done. Mr. Goschen said he would like the Prime Minister to consult the shareholders in^rish banks as to whether they woukl prefer to be left as at present or be governed by the gentlemen who manage the Freeman's Journal Companv. Bills drawn in Ireland on England would be Inipciial, but bills drawn in England on Ireland would be local. So Ireland would be a foreign coiuitry in thai respect. Sir H. James said bills drawn in Ireland on Ireland shoukl be dealt w ith by the'lrish Legislature ; but if a bill was drawn in London on Cork would that be dealt with by the Irish Legislature ? ■ 265 ) Sir W. Harcourt said trade was excepted in the Bill. This case would come under trade, and so be outside the Irish Legislature. Sir H. James said bills were trade, but only sometimes. If a bill was given for an old debt, was that trade ? They should include bills under trade if they meant it.— Bejected, 283 to 254. June 12th. Col. 797. 'CI. 3, L. 13 : After " or " insert " any change in." Mr. Webster said they ought to have a uniform issue of stamps : i.e., have the same stamps in Ireland as England. Both postage stamps an 1 stamps on bills of exchange should be the same in both countries. Mr. Gladstone said they had provided for the uniformity of postal rates^and stamps^ will be includel. but he would insert the amendment elsewhere and say that in postal rates we include postage stamp.J. Mr. Bnrtley said the words here were very wide, and would prevent the Irish Legislature from putting up standards of weights and measures in markets, &c., so he offered the words " any change in," which would meet the point. — Amendment agreed to. June 12th. Col. 821. CI. 3, L. 14 : After " insolvency " insert " bankruptcy or." Mr. Parker Smith said bankruptcy ought to be treated in the same way in Ireland as in England. It was so treated in all the States of America and in Canada. Mr. Gladstone said America was no comparison, because they had legislated, buT had withdrawn the legi.slation. The law of bankruptcy was different in Ireland and Scotland now, and so he could not accept the amendment. — Negatived. June 12th. Col. 824. ■CI. 3, L. 14 : After " or " insert " life, fire and marine insurance." Mr. Parker Smith said this was an in^ipjrtant branch of mercantile law, and uniformity was important. Sir J. Right/ said this was just one of the amendments trying to keep power from the Irish. — Rejected, 259 to 223. June 12th. Col. 826. oscd this was so, but the Committee would hke to know the extent of the power of the Lord Lieutenant and with a\ hose counsel lie would act. 3Ir. Gladstone said the amendment would include all persons holding public office in Ireland : i.e., postmen, &c., and so was far too large in scope. He was quite willing to introduce into the Bill a provision to say that the aijpointment of judges sliall remain with the Crown. il/r. G. Balfour amended his amendment by omitting from " or any " to '■ Ireland," as it was too broad in scope. — Rejected, 266 to 231. June 14 th. Cols. 1010-1022. CI. 4, L. 29 : New sub-section. " Dimiuishin.aj the salary of the holder of any office under the Crown in Ireland, during his continuation of office, or altering his right to pension without his consent." Mr. G. Balfour said it was undesirable that the Legislature should have power to diminish salaries or to hold that power in terrorem over office-holders' heads. Mr. Morley said the Government had already done this in the case of judges. It was impossible and ridiculous to do it in the case of all executive offices. Mr. Chamberlain explained that it v.as only to affect present holders and future ones, after their salary had been fixed. If a man, holding office at £500 per annum, died, the Legislature could appoint another man at £300, but after appointment, they could not lower Ms salary, while he held office ; otherwise the Government could put the screw on office-holders at any time.— Rejected, 281 to 239. June 14th. Cols. 1022-1029. CI. 4, L. 29 : New Sub-section (5). " Subjecting any person to the penalties or disabilities of attainder, nor shall their power extend to the bringing in or considering of any Bill of Attainder." Mr. Darling said Bills of Attainder were usually brought for " treason," although for other things too. The Irish idea of treason would probably be the English idea of loyalty. He did not think the pow^r of passing Bills of Attainder should belong to the Irish Legislature. Sir C. Russell said the words in Sub-section (8) were sufficient to stop Bills of Attainder. Sir H. James said if the Government had put in words, in their opinion, sufficient, why did not thev insert the amendment, seeing that it did not impair the m\.— Rejected, "280 to 241. June 14th. Cols. 1029-1038. CI. 4, L. 29 : New Sub-section (5). " Whereby there shall be any increased use of the Irish language in lieu of English in national schools, courts of law, or other places where public money is expended ; or." Sir T. Lea said he did not wish the English-speaking people in Ireland to be taxed and made to pay if the Irish Legislature adopted the Irish language, Mr. Morley said the amendment was ridiculous. If anytliing wag purely an Irish affair this was. — Negatived. June 15th. Cols. 1079-1082. CI. 4, L. 30 : Leave out Sub-section (5). Mr. Bariley said tliis section was not in the 188(5 Bill. It was a copy of the American Constitution. The section seemed to him to show ( 273 ) L a total distrust of the Irish Legislature ; in fact, to say it should not kill or steal. " Without due process of law " in tliis section seemed to bo vague and undefinable. No one had yet defmed the words. And yet by the Bill the makers of the law would be the interpreters of the law, and they could interpret as it suited them. Mr. Gladstone said he could not accept the amendment ; the section was no insult to Ireland for two reasons : ( 1 ) Because the Irish accepted it and did not mind it. (2) Because the same words practically are in the American Constitution. —Rejected, 268 to 235. June 15th. Cols. 1082-1093. CI. 4, L. 30 : After " whereby " insert " the privileges or immuni- ties of any of Her Majesty's subjects in the United Kingdom may be abridged, or whereby." Mr. Mowbray said this would give the draughtsman (Mr. Bryce) an opportunity of explaining why he took some bits from the American Constitution and not others. This amendment of his was out of the same Constitution, and afforded protection to the coloured races as he wished it to afford protection to the loyal minority. Mr. Carson wished to know M'hy these words (which were in the American Constitution) were left out here. Was the Irish Legislature to have power to abrogate from the privileges of Her Majesty's subjects, either intentionally or not ? Will the Irish Legislature be able to suspend, the Habeas Corpus Act, or abolish trial by jury ? Sir C. Russell said the words in the section already were sufficient, without those in the amendment. The subsequent words of the section cover all the cases. Mr. Chamberlain did not agree. How about habeas corpus and iury'j_trial ? Mr. Bryce said these words were omitted because they were un- necessary. They were only introduced to protect negroes. They had tried to protect two subjects : (1) Religion, and (2) Property. The former they had dealt with, and the latter ^^■as covered by this section. This clause does not cover " trial by jury," nor does it in America. The Government thinks there are cases where the Irish Legislature could rightly dispense with, juries. — Rejected, 249 to 208. June 15th. Cols. 1094r^lll3. CI. 4, L. 31 : Leave out " without due process of law." Mr. Seton Karr wished to hear the Government's opinion as to the meaning of these mysterious words. He had one opinion in his hand, i.e., the opinion of Mr. Campion, Q.C., in Ireland. He said these words meant " the process of the law for the time being." This would mean that the Irish could alter the law as they liked. Sir C. Russell said this was a peg to hang a discussion on, as the amendment could not be meant seriously. He was asked to define these words. They had never been defined. In cases the judge merely decided where a certain proceeding ^^as in due process of law and where it was not. He said he %^ould regard the words in tliis A^ay : that due process of law follows settled principles of judicial procedure, or where such process follows sound precedent applicable to the subject-matter and the circum- stances affecting it. For instance : (1) Irish Legislature could make a law and fine a person for taking part in a procession. (2) Irish Legislature could not make a law that everyone occupying land should straightway own it. This would not be due process of law, there being no judicial machinery set up to give effect to the law. —Negatived. June 15th. Cols. 1113-1119. CI. 4, L. 31 : After " law " insert " or by martial law." Major Darwin made a long speech about martial law. He said it was usually called into operation during riots. He did not tliink the Irish Legislature should have control over this, and be able to pass an Act enforcing martial law. ( 274 ) Sir J. Righy said the whole of Major Daiwins speech was based on a fallacy, and was useless. There was no branch of law called martial law. It was called into being in times of stress ; but was a most improper word to introduce into a Bill, as it was only operative when ordinal y law proved ineffective. — Amendment withdrawn. June 15th. CoL«. 1119-1125. ■€l. 4, L. 31 : After " law " insert " iriving not less security than is given by the common law (of Ireland) or by any Act of Parliament varying the common law." Mr. Wyndham said that, as desired, he would leave out " of Ireland " in the amendment. He would have preferred " of England," but would leave out both. It was admitted that " due process of law " had to be judged by some external standard of justice, as no definition could be attached to it. Therefore he moved this amendment so that they could have " common law " as their external standard. Mr. Bolton said a court of law in Ireland would have to have regard to laws made in Ireland. Therefore " due process of lavv^ " would mean the la\\s passed by the Irish Legislature and not the duo process of the common law. Hence the necessity for the amendment. Sir J. Ricjby : What is this external standard ? It is not the existing process of law, but a process that can be described as " due process of law." The Irish Legislature is to deal with criminal procedure, and what is wanted is a rule sufficiently plain and wide to secure justice. Thia amendment would make the section more vague instead of more precise. Mr. Dunhar Barton said this section could be no safeguard to the loyalists, because the only sane view of the case was that whatever law the Irish Legislature passed would become " due process of law." What was to prevent the Irish Legislature from altering the Magna Charta, the Bill of Rights and habeas corpus, &c. ? He would put four proposi- tions : (1) These words were the sole safeguard for the lives and Ubertiea of loyalists. (2) In their well understood sense in our law they were valueless. (3) It was impossible to pitchfork them from American law to our law in American sense. (4) If they were taken in their American sense they vould be ineffective. Sir C. Russell: The fallacy underlying Mr. Barton's argument is that he disregards the context in which these words " due process of law " occur. The Irish Legislature could not make laws or lay down procedure and then call it due process of law. Sir E. Clarke : By the amendment the judge woidd have to administer the common law, which he does every day. Surely this is more simple than having to administer under " due process of law." Mr. Bryce said common law would make the section more vague. As it was, it "was a good elastic safeguard. — Rejected, 263 to 231. June 15th. Cols. 1125-1155. ■CI. 4, L. 31 : After "law" insert "in accordance with settled principles and precedents of judicial procedure unalterable by legal enactments other than those of the Parliament of the United Kingdom." Mr. G. Balfour said he wished this to be a sort of sign-post for judges, not to be a definition of the words " due process of law." Also the Solicitor-General and Attorney-General had expUcitly stated that the Irish Legislature could not pass laws and then call them due process of law. His amendment would give effect to this. Sir C. Russell said they would accept the amendment down to " procedure," biiTnot the rest, as that would stereotype the amendment. Mr. Balfour said it was evidently admitted that the Imperial Parlia. ment could vary due process of law ; but what was to stop the Irish Legislature from doing likewise ? The amendment would secure that the Irish Legislature did not do so. ( 275 ) L 2 Mr. Chamberlain was thankful for the Government's concession, and did not mind much if the latter part of the amendment v.as not accepted. He thought the former part was sufficient. For instance, if it were a settled principle and precedent that a man be entitled to trial by jurj^ the Irish Legislature cannot alter the law. Mr. Sexton said he preferred " regard being had to " to " in accordance with," and moved an amendment accordingly, which Mas defeated {324 to 144). Mr. Clancy protested against the concession. It M'as only whittling down the power of the Irish Legislature, which was small enough already, and it was a concession to the people who were trying to wreck the Bill. — Accepted, 310 to 165. June 16th. Cols. 119S-1218. CI. 4, L. 32 : After " laws " insert " or shall escape liability for acts done or omitted to be done by means of an Act of Indemnity." Major Darwin said he wished Acts of Indemnity ^vithheld from the Irish Legislature. If they M'ere so withheld, the Legislature would have to legislate for certain cases before the tiling happened, and therefore the Imperial Parliament Mould have power and opportunity to discuss the law. Otherwise the indemnity Mould be passed after the thing had happened^ and it might be too late for Imperial Parliament to intervene. Sir C. Russell could not accept the amendment. Any Act of Indemnity passed by the Irish Legislature concerning matters M'hich the Irish Legislature could not have legislated about a priori Mould be void. Vice versa, M'hen the Irish Legislature could have legislated a priori. Acts of Indemnity in these cases Mere permissible. Mr. Carson stated the folloM'ing case : — Suppose the Irish Legislature passed an Act prima facie legal and proper, M'hich Mas subsequently held to be null and void. MeanMhile an official proceeds under the Act to do M'hat he is told to do by the Executive. Could the Irish Legislature indemnify the official ? Sir J. Riqby : Acts that cannot be authorised, cannot be indemnified ► —Rejected, 258 to 220. June Uith. Cols. 1218-1226. CI. 4:, L. 33 : After " taken " insert " or any person not otherwise- provided for by this Act be deprived of any public office or situation which such person may have occupied on the appointed day." Mr. Horace Plunkett said he Mushed to safeguard in their office those officials not already mentioned in the Bill. The Bill dealt Mith judges, civil servants and constabulary, but this amendment dealt Mith the county officers, county surveyors, «&c. Unless safeguarded these posts might be given to American friends imder the " spoils system," or anyhow to political partisans. Mr. Plunkett said : Suppose the Irish Legislature abolishes the grand jury, with it must go the servants of the grand jury. The amendment aims at the servants so dismissed being fairly compensated. Mr. Balfour said the Nationalist party had ahvays sIiomti hostility to grand juries and their officials ; so a man mIio at 25 or 30 had entered into the employment of a grand jury might at 45 or 50 be dismissed M'ithout compensation and Mithout any bent or ability for new Mork. Mr. Morley said the amendment Mas absurdly Mide ; it M'ould make any public office-holder's post into a freehold. Clause 28 Mas really the proper place for an amendment if it Mere ever necessary. — Rejected, 253 to 211. June 16th. Cols. 1226-1239. CI. 4, L. 33 : After " taken " insert " or injuriously affected." Mr. Bolton said the sub-section provided only for private property taken ; he would like it to provide for private property injuriously afEected as M'ell. In the Land Clauses Act both Mere provided for. Sir J. Rigby said this Mould add a lot of uncertainty. The taking of easements — such as hght, right of road, &c. — Mas already provided for. { 276 ) Mr. Chamberlain said he \\oiil(l support the amendment, because there were many cases where compensation should be paid. For instance, the District Railway paid compensation for disturbance by going under- neath houses. Drainage work in Ireland might Hood some land ; was there to be no compensation ? Sir J. Riqhif : The amendment is too vague. All the cases cited were covered by the sub-section or by the ordinary law. — Rejected, 284 to 250. June lOth. Cols. 1353-1362. CI. 4, L. 33 : Leave out " just compensation " and insert " siicK compensation as he is at present by law entitled to." Mr. Hobhouse said " just compensation "' was very indefinite and he wished to make it more precise. If the Irish Legislature passed an Act to say that tenants might purchase their land at a certain number of years' purchase of the judicial rent, would the Act be void ? Who would decide the number of years' purchase, the Exchequer judges or the Privy Council ? If they were going to depart from the well-settled principles of justice in compensation, let it be done by Imperial Parliament. Sir C. Rwisell objected to the amendment : (1) because it was un- necessary ; (2) because it stereotyped the rule of compensation. The judges must define " just compensation." As to his question regarding land, the Act would be null and void if it A\erc cletermined that the compensation was not just, and it would be determined by the Courts of Justice, with appeal (Clause 19, Section 4) to Exchequer judges and final appeal to Privy Council— Rejected, 290 to 258. June 19th. Cols. 1362- 1377. CI. 4, L. 33 : After " compensation " insert " or whereby pro- ceedings by petition of right may be altered or abridged." Mr. Carson said the Queen could do no wrong and, therefore, an Executive of hers could do no wrong. Now, the only way there could be litigation between the Executive and a subject was petition of right. No subject could bring an action against the Executive except by petition of right. Therefore he \\-ished to prevent the Irish Legislature altering or abridging this, the sole method of litigation between Executive and siibject. Sir J. Righy agreed that this \\ould be serious, except for two reasons : (1) That the Crown's consent would have to be obtained for any Bill of the Irish Legislature's to alter this. (2) That there was a much better method existing now in the Colonies, ^\'hereby instead of a petition of right, the subject names a Minister as defendant and sues him. This amendment would prevent the Legislature adopting this superior form of litigation. Mr. Balfour said this might be a superior form. If so. \\hy did the Government not embody it in the Bill as the best and only way for a subject to litigate with the Executive. Let them have one way or another settled and put into the Bill. — Rejected, 201 to 164. June 19th. Cols. 1378-1386. ^ CI. 4, L. 33 : After " or " insert " suspending or prejudicially affecting the right of any person to the writ of habeas corpus." Mr. Rentoid said the Irish Pai'liament Mas going to be subordinate and, therefore, should not have power to suspend the habeas corjiis. The Irish Legislature might suspend it in Ulster, particularly in the case of those who had laboured to prevent Home Rule. Sir C. Russell said Mr. Rentoul had just made out a' case in which he said that Ulster was not going to have Home Rule at any price. Ulster would fight and rebel against any Home Rule for Ireland. In fact, Mr. Rentoul has made out a strong case for the Irish Legislature being given the power to suspend the habeas corpus. It_^is for rebellions and such like, one of which is p'omiscd in Ulster, that the Irish Legislature will require this power of suspension. ( 277 ) Mr. Dunbar Barton said that m the majority of the United States habeas corpus could be suspended only in case of rebellion or invasion. In eight States it could not be suspended at all ; • and all recent tendencies pointed to getting rid of exceptions and substituting ijrohibitiou of sus- pension. Why give tliis power of suspension to the Irish Legislature when treason and war were reserved to the Imperial Parliament ? The power was merely being given for the pui-pose of coercion, which the Prime Minister had condemned. Sir H. James said he was told the Irish did not msh this power ; then why grant it to them ? Did the suspension of the habeas corpus in 1881 have any success ? Did it pacify Ireland ? Mr. Gladstone : In our opinion the Irish Legislature is already absolutely prevented from suspending the habeas corpus under conditions which do not require its suspension, under capricious, wanton and needless conditions. It is prevented from doing this — (1) By having to receive the Royal Assent. (2) By having the intervention of this House to deal with. (3) By the action of the Courts of Ireland. (4) By the final appeal to the Privy Council. —Rejected, 270 to 241. June 19th. Cols. 1386-1410. CI. 4, L. 33 : . As a new sub-section. " Of an ex post facto character." Viscoimt Wolmer referred to the American Constitution, where ex post facto laws were withdrawn from the State Legislature and also from Congress. Was the Irish Legislature to be given a power \vithheld from Congress in America ? As an instance of its use, or possible use, he pointed to a speech of the member for Mayo, in which he said certain magistrates and policemen ought to be punished by the Irish Legislature for past offences. They could not be punished as the law stood, because they had done nothing against the law, but the Irish Legislature could pass an ex post facto law and punish them. Sir C. Russell said there was in America a uniform judicial inter- pretation which restricts ex post facto legislation to criminal matters, and has no relation to other legislation. As to Viscount Wolmer's example, there was the veto to over-ride it, and intense stupidity on the part of Irish Legislature to consider such an Act. Mr, Chamberlain suggested adding " criminal legislation " to the amendment. If Sir C. Russell thought this such an insult and so monstrous a thing to the Irish Legislature, why was he not consistent ? It was just as monstrous to deprive the Legislature of the right of depriving anyone of life without due process of law. Will not the Irish Legislature punish their political opponents by ex post facto legislation ? Look at the member for Mayo's words (Mr. Dillon) : " When we come out of this struggle, we will deal out punishment to the enemies of the people." Mr. Balfour divided the question into two parts: (1) Civil; and (2) Criminal : — (1) Civil. — There certainly were occasions when retrospective legislation is necessary. But the right of it should belong to Imperial Parliament and not to Irish ParUament. Otherwise you would give to Irish Legislature the power of wiping out arrears of debt or dealing \Wth contracts between landlord and tenants, as Imperial Parhament did in 1887. But the Irish Legislature would be composed entirely almost of tenants. Hence the unfairness of giving it this power. (2) Criminal. — The words ex post facto have a precise meanmg in American law. The Attorney-General accepts American definitions of " due process of law," but refuses them here. Is this logical ? Mr. Haldane says it is an insult to insert the words which are not in Canadian Acts or Colonial ones. There are two reasons against this : — (a) Powers given to Irish Legislature are not enumerated. Powers given to Provincial Legislatures in Canada are ; i enumerated. (6) Provincial Legislatures in Canada cannot deal with criminal laws at all, and so, naturally, cannot deal with ex post facto laws. ( 278 ) Mr. Gladstone said that instead of America, he would prefer to foliow the precedent they had adopted in the Ck)lonies. In the Colonies this power of ex post facto belongs unfettered to the Colonies. Sir II. James said the Imperial supremacy over the Colonies was a verj' different thing to what it was to be over the Irish Legislature. There was nothing in the Colonial Legislatures restricting them from depriving a man of life Avithout due process of law ; and yet this was in the Irish Legis\e.tme.— Rejected, 270 to 240. June 20th. Cols. 1502-1524. CI. 4, L. 33 : After " or " insert " impairing the obligation of contracts." Viscount Wolmer said this also was part of the American Constitution. Contracts would be on the same level in Ireland as in England, except with regard to land. Irish members were well known to be in favour of curtail- ment of the judicial rents. If the 6xing of rents was to be given eventually to the Irish members, why did the Government -nithdraw that right for three years ? Was the Government going to settle the entire question in the meanwhile ? Mr. Bathbone moved as amendment to the amendment : " Except with. the consent oi Tarliament testified by an address to Her Majesty from both Houses of ParUanient." He said that questions of this kind could be settled by the means mentioned in his amendment instead of by * cumbrous Bill being passed through all its stages in the Imperial ParUament. The Irish Legislature would pass the Bill in Ireland, where the question would be better understood, as it would relate to Ireland, and the Bill would then simply need one vote of Imperial Parliament. Sir C. RusseU said this came up properly on Clause 35. Mr. Chamberlain said there were two alternatives : — (1) The Government before the three years are up should make a final and exhaustive settlement of the land question. (2) The Government should not deal with, the question, but after the three years should make conditions and restric- tions and then let the Irish Legislataire deal with it, i.e., have all this discussion all over again. Why not do it now and settle it ? Which alternative did they intend to adopt ? Sir C. Russell said this would come up on Clause 35. If that clause did not at present allow them to put restrictions on the action of the Irish Legislature, when they came to it they would put in an amendment giving themselves that right. — Rejected, 260 to 223. June 20th. Cols. 1525-1554. CI. 4, L. 33 : After " or " insert " whereby any higher taxation is levied upon landed property than upon other property of equal value, and whereby any system of graduated taxation is adopted unless an identical law be sanctioned for the United Kingdom by Imperial Parliament." Mr. Brodrick said that Ireland would not be able to pay its own way. Customs and Excise were debarred and, therefore, the most Ukely method of meeting a deficit for the Irish Legislature to adopt would be taxes on landlords or a graduated system of taxation. He wished this also de- barred. Mr. Gladstone : Why should land be the favoured kind of property to be fenced round ? There are some forms of graduated taxation in England. Why should not Ireland have them too ? The Irish members would be unlikely to go far in that direction, as it would mean imposing double taxation upon themselves ^rohsMj.-Bejected, 270 to 238. June 20th. Cols. 1554-1563. CI. 4, L. 33 : At end, add " whereby any censorship of the Press shall be established or public meetings for legal purposes shall be interfered with." Mr. Parker Smith said this was in the American Constitution and was important! Roman Catholics were not so fond of freedom of the Press as som.c others were, and a Roman Catholic Irish Legislature might prevent the publication of articles and books which they thought dangerous. ( 279 ) Mr. Morley said the amendment was impossible. The case was already met by other clauses. — Negatived. Jinie 2 1st. Cols. 1566-1579. CI. 4, L. 33 : New sub-section. " Affecting the constitution, endowments, property, or privileges of Trinity College, Dublin, or of the University of Dublin." Mr. Plunkett said he \nshed Dublin University to be exempt from the control of the Irish Legislature, as otherwise it ^\■ould be entii'ely subject to the powers of the Roman CathoUc prelates. For 100 years (since 1793) this University had been open to all religious creeds. More lately the prelates had begun to set their faces against united education, and in attemi>ting to remedy their grievances by a Bill, introducing several Roman Catholic colleges into a reformed University of Dublin, Mr. Gladstone's Government in 1873 was wrecked. The Government says Clause 4, Sub-section 9, is a protection against ^\■hat I wish to do by amendment. Why should not the Irish Legislature await a favourable time, when the Imperial Government dtpanded on the vote of the Irish members, for instance, and present a Bill, passed by themselves, allowing them to deal vath the University ? Mr. Gladstone said it was ridicidous to think of taking the University and Trinity College out of the purview of the Bill altogether. Were they to be an absolute exception ? If so, why ? because there were other corporations with just as much right of exception. With regard to Clause 4, Sub-section (9), the University had three rows of defence : — (1) The Irish Legislature cannot be moved without Trinity College's consent. (2) A joint address from the two Irish Houses is necessary. (3) Tlie leave of Her Majesty to be granted on the address of the two Irish Houses. Mr. Carson did not imderstand Mr. Gladstone's first argument. By the Bill already the Government had excepted from the iJ0\\er of the Irish Legislature all denominational institutions. Because the L^niversity had been generous and made itself undenominational, it was to be given over to the Irish Legislature. If the University had remained denomi- national, it would have been excepted. He had no trust in the defences, which at favourable times could be surmounted. Mr. Balfour said he had always thought that a separate Roman Catholic University in Dublin should be set up by Imperial Parliament. Tliat would save Trinity College. But under an Irish Legislature would Ireland have the funds to set up a Roman Catholic University ? Woidd the Irish Legislature sooner raise the last (3d. from the taxpayers for this University, or would they sooner attack Trinity College ? — Rejected, 284 to 242. June 21st. Cols. 1580-1623. CI. 4, L. 33 : New sub-section. " Affecting the constitution, endowments, propertv or privileges of Queen's College, Belfast." Mr. Eentoul said this was a somewhat similar amendment to the last with one great difference. This college was the one fully equipped training college for Presbyterian clergy, and as such should not be under the control of a Roman Catholic Irish Legislature. Mr. Morley said the amendment was absurd, after the rejection of the previous one.— Rejected, 279 to 238. June 21st. Cols. 1623-1627. CI. 4, L. 35 : Leave out from " Parliament " to " may " {i.e., leave out after " Parliament ". . . " not being a corporation raising for public purposes taxes, rates, cess, dues, or tolls, or administering funds so raised.") {See P. 4, CI. 4, LI. 2-5.) Mr. Wolff said the amendment appUed to municipal, harbour and water boards. Many of these had incomes derived from rates and tolls and also from English societies. Confidence would go if these were under Irish Legislature. These boards also had large schemes on which they were afraid would be impossible under Irish Legislature. Sir C. Russell said they could not accept an amendment dealing \\ith purely Irish business. On it being pointed out by Mr. Goschen that tlie drafting was bad, he promised to revise the section and bring up new words on K^ovi.— Rejected, 302 to 254. June 22nd. Cols. 1686-1691. ( 280 ) CI. ^, L. 37 : Leave out from " unless " . . . to " Legislature." Mr. Tomlinson said the first words were ambiguous. How was the corporation to consent ? Also, there -would be no trouble in procuring an address of both Houses of the Irish Legislature, and in favourable times (i.e., the Irish in Imperial Parliament having power of turning out (Jovernment), tlie Queen's consent woidd be easily got. He did not think the safeguards sufficient. Mr. Balfour said the actual amenflment need not be passed, but what was important was that it should be explained when Her Ma.jesty is acting on the advice of Her Irish Ministry and Mhen on the advice of her Imperial Ministry. An interjiretation clause would liardly do, as there were several instances in the Bill where the Queen would be acting on advice of the Irish, and several instances when she would be acting on advice of Imperial Ministry. An interpretation clause could not explain them aU. Sir C. Russell agreed to redraft the clause and make it clear. — Amendment withdrawn. June 22nd. Cols. 1691-1696. CI. 4, L. 38 : Leave out " it consents " and insert " nine-tenths of its members, duly convened for the purpose, consent." Mr. Bartley wished a large majority for a serious thing like this ; not an accidental one. Sir C. Russell said he cordd not consent. Whatever the rules of various corporations were, they must be adhered to. Some had to have unanimous decision. This amendment would weaken those. — Amendment icithdrawn. June 22nd. Cols. 1696-1699. CI. i, L. 39 : After " Legislature " insert " and after a copy of the proposed law has lain for not less than 40 days on the table of both Houses of Parliament." Mr. PlunJcett said it was necessary for Imperial Parliament to know the details ot tire Bills being passed in Irish Legislature. The Prime Minister said this clause would give Imperial Parliament distinct locus standi in respect of Bills affecting corporations. There coidd be no locus standi if Imperial Parliament did not know the details of the Bills and proposals. Also \\ithout this amendment the Irish Legislature might pass Bills while Imperial Parliament was not sitting. 3Ir. Asquith said the security was sufficient. The Prime Minister had said that the security existed, not that it would be provided. Mr. Goschen said this made the control of Imperial ParUament nugatory. It a Bill was passed while Imperial Parliament was not sitting, a vote of censure after the mischief ^^•as done was all that remained. — Rejected, 307 to 261. June 22nd. Cols. 1699-1707. CI. 4, L. 40 : Leave out " without due process of law." Mr. Parker Smith wished the Government to leave this out and insert " in accordance with settled principles and precedents," as in Sub-section (8). It would simplify the clause. Sir J. Righy said the Government could not leave it out, but they would add the other ^^■ords suggested. Amendment proposed : after " law "' insert " According to the settled principles and precedents from time to time existing in England." — Amendment withdrawn. Jime 22nd. Cols. 1707-1710. CI. 4, L. 41 : After " law " insert " Provided always that in the case of corporations constituted for the purpose of holding property of any church or religious denomination, or the ministers of the same, the said Irish Legislature shall not be at liberty to make any law affecting, or otherwise to interfere with such corporations or the property vested in the same." Mr. Carson said the Irish Legislature had already been prevented from making any law resiJccting the establishing or endowing of religion. Therefore, he thought they should also be prevented from interfering A\ith the Protestant Church in Ireland and its endowments. ( 281 ) Mr. Morley said the amendment was too ^^•ide. It would prevent the Irish Legislature from making any law regarding land affecting the Church of Ireland, or any law afiecting railway stock (as the Church has investments in that stock). Mr. Carson admits his objection is partly met by Sub-section (3), Clause 4. By adding to that section his object would'be met altogether. . The Government suggested after '• diverting " to add " or prejudicially affecting the Constitution." Mr. Carson objected to " prejudicially," and suggested " Diverting the property or without its consent altering the constitution." Mr. Morley said the Government would consider it before the report stage.— June 22nd. Cols. 1712-1716. CI. i, L. 41 : To insert " or in the case of property, just com- pensation." 3Ir. Knox said as the section stood the Irish Legislature could not take land for a railway. Sir J. Rigby said he would consider this and insert words on report. — Amendment by leave withdrawn. June 22nd. Cols. 1716-1717. CI. 4, L. 41 : To insert " Whereby any undue preference, benefit or advantage is given to or conferred directly or indirectly, upon any person, body of persons, class, body corporate or institution, or." Mr. Cochratie said the Prime IVIinister on a previous amendment had clearly declared against preference of any kind being given, so he had introduced this amendment. The Irish Legislature by beneficially treating one sect or school might seriously harm another. 3Ir. Morley said the am.endment hardly carried out their desires. He suggested words to be inserted earlier in the clause, i.e.. Clause 4, Sub-section (7). Mr. Chamberlain said he thought undue preference could still be exercised in many cases in spite of the Government's amendment. For instance, any person aggrieved would have to show that the preference sho\vn to someone else was because the someone else was Irish and he was not. This would be difficult to prove. He preferred Mr. Cochrane's amendment. Mr. Balfour and Sir H. James both wished the words " undue pre- ference " inserted. Mr. Morley said " undue " was too vague and uncertain. He would reconsider the wording of the Government's amendment before Report. — Rejected, 260 to 218. June 22nd. Cols. 1717-1738. CI. 4, L. 41 : New sub-section. " Whereby any voluntary institution, association or society, lawfully constituted according to the laws of the United Kingdom in force for the time being, is prejudicially affected." Mr. Cochrane said this was to safeguard " Freemasons." Roman CathoUes, of ail classes, had denounced and tried to harm " Freemasons " for many years. (He gave instances of refusal of sacrament, &c., by Roman Catholics to Freemasons.) Mr. Gladstone said : — (1) The amendment was far too wide, involving hundreds of other institutions, good, bad and indifferent. (2) For his part he trusted the Irish Legislature to do nothing harsh towards Freemasons or others. —Rejected, 278 to 243. June 22nd. Cols. 1738-1746. CI. 4, L. 41 : New sub-section. " Whereby the actions of any official of the Government shall be removed from the {p, cognisance of the ordinary law." Mr. Parker Smith said this was to prevent the Irish Legislature from setting up a '' droit administratif," as was in force in France, Germany and Russia, i.e., special rights and privileges in deciding actions brought ( 282 ) against officials of the Government. In England all citizens were on the same level in the law courts. He wished the Irish Legislature to be freed from the temptation of putting its members and officials in a special position. Mr. Morley objected to the amendment and the time wasted over it. Why should the Irish Legislature be less sensible of the superiority of the Englisli system than the English themselves ? — Rejected, 272 to 230. June 23rd. Cols. 1787-1794. CI. i, L. I : Leave out Sub-section (7). (Sub-section introduced by Government.) Mr. Bartley said the sub-section dealt with the deprivation of equal rights respecting sea fisheries, and ought to be omitted. Mr. Morhy said the Government Avould insert after " birth " " or of business," and bring the section up amended on report. — Amendvient negatived. June 23rd. Cols. 1794-1797. CI. i, L. 1 : New sub-section. " Affecting the remedies of any person aggrieved by anything done, or omitted to be done, in pursuance of any law made ni contravention of this section." Viscount Cranborne said everj' Court of Justice in Ireland would have to decide -nhether a particular law passed by the Irish Legislature was ultra vires. If the Courts were controlled by the Irish Legislature, it could alter their power and procedure and render the safeguards in Clauses 3 and 4 nugatory. Sir J. Righy said the Exchequer judges would decide these points, so the amendment was unnecessarj'. Negatived. June 23rd. Cols. 1798-1799. That Clause 4, as amended, stand part of the Bill. Mr. Balfour said the clause was most unsatisfactory and incomplete. Several questions had been held over until the report stage, and some of the clause was admittedly nonsensical. He wished to put one or two questions : — (1) Will Sub-sections (2) and (3) permit the Irish Legislature to vote money for the support of the two denominational training colleges ? (2) Will this clause permit the Irish Legislature to establish a Catholic college or University ? (3) If answer to No. (2) is in the affirmative, -n-ill this clause permit the Irish Legislature to establish, out of public funds, primary schools of a denominational character ? Mr. Gladstone said he could not deal with the University (2) as it could be looked at from so many sides. The answer to Question (1) is " Yes." They are excepted from the restrictions. Answer to No. (3). " The Government accepts in full the incompatibility of denominational schools in Ireland." — Put and agreed to. June 23rd. Cols. 1799-1827. Executive Authority. 5 5. (1) The executive power in Ireland shall continue vested in Her Majesty the Queen, and the Lord Lieutenant, 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, simimon, prorogue, 10 and dissolve the Irish Legislature. (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 ofl&ces, as Her Majesty may think fit, or as may be directed by Irish Act. 15 (3) The Lord Lieutenant shall, on the advice of the said Executive Committee," give or withhold the assent of Her Majesty ( 283 ) to Bills passed by tlie two Houses of the Irish Legislature, subject nevertheless to any instructions given by Her Majesty in respect of any such Bill. CI. 5, L. Q : After " Lieutenant " insert " or other chief executive officer or officers for the time being appointed in his place." Mr. Fisher said all Acts had a definition clause. Who was to take the place of the Lord Lieutenant if he was ill ? He hoped two or three judges would not be appointed by the Irish Legislature to take the Lord Lieutenant's place, as the Irish Legislature would control them and so control the veto. Mr. Gladstone said it was already provided for, as by the Act of 1889 the " Lord Lieutenant " shall mean : " The Lord Lieutenant of Ireland or other Chief Governor or Governors of Ireland for the time being." The Viceroy will be strictly under Imiierial Parliament. He admitted that the duties in future would be more important, and any change neces- sary would be undertaken by Imperial Parliament. Mr. Balfour said one of the cliief objections to the Bill A\as the intolerable and hopeless position of the Lord Lieutenant. But the position of a committee in his place would be worse. The Lord Lieutenant dei'ives liis power from the Queen. The amendment aims at appointing someone to take his place, and at that someone getting his power also from the Queen. Mr. Gladstone said the Viceroy would be appointed by the Queen, as also would anyone to take his place. — Question put and agreed to. June 28th. Cols. •24.5-251. CI. 5, L. 6 : Leave out " on behalf of Her Majesty " and insert " with the approval of Her Majesty signified by a Secretary of State." Mr. Hanhury wished to know if the Lord Lieutenant would act on the advice of the Irish or English Ministers in a constitutional way. Executives were sometimes independent of Legislatures. The Executive in Ireland \\ould evidently be stronger than the Legislature, so the Executive authority should be clearly defined. Mr. Heneaqe had an amendment down, inserting " subject to the directions of Her Majesty, &?." When the Lord Lieutenant vetoed a Bill, he wished it to be clearly understood that the Lord Lieutenant was acting merely as the agent of Imperial Parliament. Mr. Bryce said the amendment struck at the root of the Bill, and its scheme, i.e., at the system of responsible government in Ireland. The amendment would maintain resistance to the legitimate wish of Ireland to look after her own affairs. Mr. Balfour admitted freely that there would be friction if the Executive were dependent on Imperial Parliament ; but would there not be more friction by leaving the Lord Lieutenant in liis ambiguous position under the Bill t— Rejected, 260 to 231. June 28th. Cols. 251-279. CI. 5, L. 8 : After " Queen " insert " other than the control of the land and sea forces." Mr. Hanhury wished to know definitely what the position of the army in Ireland would be. The Commander-in-Chief would have nominal control, but if the Executive hampered and liindered him at every turn, his control would be made difficult. For instance, take the cases of billeting, carriages and means of transport, or riots. In all of these the Civil Authority v.ould have control, and if that authorit\- was under the Irish Legislature it might refuse to do these things. It might even do away with police and get a nice new cheap police in the army. Mr. Gladstone said the military in Ireland was to be as much under the Viceroy as possible. In extreme cases they, of course, would be used to maintain order. The amendment was directly contrary to this, and so unacceptable.— /?e;ecerial hands for some years, i.e., land, police, collection of taxes, and appointment of judges. He wished the Executive Government of Ireland to be Imperial for six years, to see how Ireland got on to begin \\\t\\ under the new system before they handed over the Executive Government to them. Mr. Gladstone said this amendment would wreck the Bill, as the Irish would not accept it imder those conditions. Who would pay for the men the Imperial Parliament would have to send over to manage the Executive t— Rejected, 187 to 142. July 4th. Cols. 855-866. CI. b, L. 11 : Leave out " an Executive Committee of the Privy- Council " and insert " a Cabinet." ilfr. Parker Smith said owing to pressure of time he did not propose to move this.— July 4th. Col. 866. CI. 5, i. 11 ; Leave out " Executive " and insert " Consultative." Caft. Naylor Leyland said that the executive power in Ireland was to be vested in the Lord Lieutenant, and so he AAished the various heads of the department to be a consultative body to advise the Lord Lieutenant. He quoted the Constitution of Croatia as a precedent. Mr. J. Morley said this amendment would make the Executive a set of dummies. There was no parallel for the amendment except perhaps in " Croatia." Sir R. Temple bogged to differ. The Secretary of State for India was a powerful executive officer advised by a consultative committte. — Rejected, 215 to 167. July 4th. Cols. 866-879. CI. 5, L. 13 : Leave out from "being of" to "Irish Act" and insert " such persons as Her Majesty may from time to time think fit and direct." Sir H. James said his amendment was to enact that persons should be chosen by the CroA\ai only, and not that offices should be chosen by the Crown or by Irish Act of Parliament, and the holders of such offices from the Executive : (fl) Why pick certain people because they held a certain chosen office ? Why not pick individuals according to merit ? In the case of a rebellion, they would A\'ant an experienced military officer, but could not choose him, because he was not one of the chosen office holders. (6) It was an insult to the Crown to prevent it choosing its own advisers. Besides the Crown could veto, and if the Irish Act selected certain men, the Crown would veto the Act and select others. Why raise up conflict between the two ? Sir J. Right/ said the amendment was absurd, as it meant the Irish Legislature could not appoint its own Ministers. It was palpaV)le tliat what was meant was that it was Her Majesty in default of an Irish Act, i.e., that Her Majesty should start the procedure in the first instance, and that afterwards the Irish Legislature should peiiorm the function. Sir H. Jam es said the Government might have intended that meaning to attach to the clause, but it certainly did not. — Rejected, 262 to 229.. July 4th. Cols. 879-894. ( 288 ) CI. 5, L. 13 : After " offices " insert " uuder the Crown." Mr. G. Balfour moved the amendment. Mr. J. Morley accepted the amendment— July 4th. Col. 895. CI. 5, L. 11 : Leave out " or as may be directed by Irish Act." Marquis of^armarthen said the Irish Legislature ^\•ould have too exteniive"powrs in forming ami appointing their Cabinet to be likcly to make the said Cabinet fit in well ^^•itl^ Imperial supremacy. Ihere wa* no mention of the Irish Legislature having this power m the 18h») bill, why in this ? Sir J. Riqhy said as long as an Irish Act does not intervene, Her Majesty may,'lToiu time to time, fix the numbers and oifices referred to in the Clause. Sir H. James said according to the Solicitor-General the Irish Legislature haTmily to pass an Act, and Her Majesty's power on this subject would be gone, and "from time to time " m this sub-section Aviped out. So the only po^\•er the Sovereign would have would be to veto the Irish Act, bringing this about. Was this a wise step, to positivelv ask for the veto, which would lead to such friction 1— Negatived^ July -Ith and 5tli. Cols. 895 and 898-918. CI. 5, L. 14 : At end, add " Provided that no member of the Executive Committee shall sit or vote in either House of the Irish Legislature while he continues a member of the said Committee." Mr. G. Balfour said in America no officer of the Government coidd sit in either'House of Congress or in any of the State Legislatures He m ished this system set up in Ireland, i.e., that the Executive should be responsible to the Lord Lieutenant, and not to the Irish Legislature, and to secure that tliis be a permanent state of things. (rt) The necessity, for a successful working of the Cabinet system was two great parties ^^^th something like a balance of power. In Ireland they would not have this. (6) The advantage of the Cabinet system was the maintenance of harmony bet^^■een the Legislature and the Executive. How could this come about in Ireland where tlie Lord Lieutenant was to act sometimes on the advice of Irish Ministers, sometimes of Imperial Executive and some- times on his own responsibility ? If he acted on advice of Imperial Parliament and quarrelled with Irish Jlinisters t-hev -ixould resign, and there would be no hope of any other Government commanding a majority. What would happen in a deadlock like this ? Mr. Gladstone said they had tried the system suggested by the amendment in'England and it had failed (1705), M-hilc the system in the Bill had been sxiccessinl— Negatived. July 5th. Cols. 919-930. CI. 5, L. 14 : New Sub-section (3). " There shall be a Secretary of State for Ireland, who may be a member of either House of Parliament, and who shall by virtue of his office, be a member of the said Executive Committee of the Privy Council of Ireland." Mr. Bolton said the subjects remaining under the control of Imperial Parhajnerit were so numerous and difficult that it was most desirable that they should be in the hands of a responsible Minister. There was a Secretary for Scotland and one for India. One for Ireland was more necessary still. Mr. Morley said the amendment was ridiciilous. Tliis Secretary might be a member of the House of Lords or Commons, or neither, but must be a member of the Executive Committee in Ireland. Probably he would be in direct antagonism to the Irish Executive, i.e., the Irish Cabinet. . . ( 289 ) Mr. Goschen pressed foi' a definite answer as to who vv^as going to answer questions, &c., on Irish subjects in this Imperial Parliament. Waa it to be someone who knew anything about Ireland or not ? Mr. Morley had said " presumabl)- " it Mould be the Home Secretary. 31): Morley said presumably it Mould be the Home Secretary. The Covemment wovdd be responsible, and from time to time, according to business, appoint Ministers to deal M-ith Irish affairs. — Rejected, 274 to 229. July oth. Cols. 930-941. iJl. b, L. 15 : Leave out Sub-section (3) and insert instead " Every Bill which has been passed by the two Houses of the Irish Legislature shall be presented for Her Majesty's assent to the Lord Lieutenant, who shall declare according to his discretion, but subject to the provisions of this Act and to such instructions as may from time to time be given in that behalf by Her Majesty, either that he assents to such Bill in Her Majesty's name, or that he withholds such assent, or that he reserves such Bill for the signification of Her IVIajesty's pleasure thereon, or that he will be prepared to assent thereto, subject to certain amendments to be specified by him." Mr. Bous field said this amendment was the form taken by all Colonial Legislatures from 1843 to 1885. By the Bill the Lord Lieutenant would have no locus standi to refer a Bill home to Her Majesty, but would have to act on advice of Executive Committee. 3Ir. Morley : The Government did not encumber the clause with powers of reservation, because they Mere unnecessary OMing to the proximity of Ireland to England and the easy means of commiuiication. The Lord Lieutenant could get his ansMcr as to the opinion of Imperial Parliament, or rather of the Cabinet, by return of post. Mr. Goschen said there were a number of subjects reserved to the Imperial Parliament. It Mould be extremely hard for the Loi'd Lieutenant to decide on the spot M'hether some questions come under the reserved subjects or not. Also there is no machinery provided for bringing a disputed matter before Imperial Cabinet. When Imperial Parliament is not sitting and the Cabinet is scattered, Mhat is the Lord Lieutenant to do if he has no poMcr of reservation ? Mr. Morley said there Mere subjects reserved to Imperial Parliament. Over those the Irish Legislature cannot legislate, and if they do the Lord Lieutenant can liave no doubt about Mithholding his consent. Very few questions m ill be Cabinet ones ; if one does crop up, the Cabinet Mill have to be sun^moned. Most questions, hoM'ever, Mill be dealt M'itli by the Mmister in charge.— /Je/ec^frf, 261 to 219. July 5th. Cols. 941-950. CI. 5, L. 15 : Leave out " on the advice of the said Executive Committee." Viscount Wolmer said these M'ords were not in the 1886 Bill, nor were they in any of the Colonial Acts dealing M'ith the action of the Governors. Why M'ere they in here ? Mr. Gladstone said the Mords were the carrying out of the principle all through the Bill of the division betM'een local and Imperial matters. Sir H. James said the Executive Mill represent the majority in the Irish Legislature, because that Legislature Mill clioose it. It Mill bo all- poM'erful, because it Mill exercise the veto by moans of this sub-section, because the Lord Lieutenant exercises the veto on the advice of this Executive. Will the men who have carried tlie Bill give the Lord Lieutenant impartial advice ? Mr. Gladstone said the Bill intended to alloM- Ireland to look after its local affains. If it abused that power the Imperial Parliament Mould interfere by means of the veto. The members of the Government had never said the veto Mas the only safeguard. There -were safeguanls besides, i.e., the responsibility of the Viceroj', the responsibility of the Imperial Government, and then the action of the Imperial Parliament. The Viceroy will act upon instructions from this coimtry Mhen the occasion 9.v[sQs.— Rejected, 290 to 24S. July Oth. Cols. 97S-1000. ( 290 ) CI. 5, L. 17 : After " Bills " insert " or any part thereof." Viscount Cranbornc said the Irish Legislature would adopt every means in their power to escape the veto, and one method would be that of " tacking." They would add the obnoxious provisions to other good and necessary Bills. Mr. Gladstone said the amendment M'as mischievous and wasted time. The Crown only said " Yes "' or " No "' to a Bill, and nover discriminated. Matters of difference in the Bill should be discussed between the parties and settled before the Royal Assent is asked for. Sir H. James said if the amendment was rejected, the Lord Lieutenant would either have to assent to illegal clauses in a Bill or reject a good Bill with one bad illegal clause in it. Why not accept an amendment further down on the paper, wliich would probably not be reached, but which said that if a part of a Bill were passed by the Lord Lieutenant, it should not become law imtil it had again been submitted to and assented to bv the Irish Legislature t— Rejected, 231 to 185. July 6th. Cols. loo^^-ion. CI. 5, L. 17 : After " Legislature " insert " or if it skall appear that it is matter of doubt whether any such Bill is beyond the powers of the Irish Legislature, may reserve the assent of Her Majesty until such time as the question has been determined by the Judicial Committee of the Privy Council as hereinafter provided." Mr. Parker Smith said the Irish Legislature was to sit wliile Imperial Parhament was not sitting. JMany questions of doubt might arise, and it might take weeks to collect the Privy Council and decide these questions of doubt. The Lord Lieutenant should have some power of reservation. This actual power of resen^ation was in the 1886 Bill. Why not in this ? Sir J. Rigby said Clause 23 provided a means of consulting the Privy Council. The Government had followed the experience of Canada, i.e., that if there was reasonable doubt, the Royal Assent was given, and the Courts decided the doubt in a legitimate manner. — Negatived. July 6th, Cols. 1017-1024. CI. 5, L. 19 : New Sub-section (4). " Whenever any Bill, which shall have been presented for Her Majesty's assent to the Lord Lieutenant, shall by the Lord Lieutenant have been assented to in Her Majesty's name, the Lord Lieutenant shall forthwith transmit to one of Her Majesty's Principal Secretaries of State an authentic copy of such Bill so assented to ; and it shall be lawful at any time within 18 months after such Bill shall have been so received by the ' Secretary of State for Her Majesty, by Order in Council, to declare her disallowance of such Bill ; and such disallowance together with a certificate under the hand and seal of the Secretary of State, certifying the day on which such Bill was received as aforesaid, being signified by the Lord Lieutenant to the Irish Legislature, by speech or message '; to the said Legislature, or by proclamation in the Irish Government Gazette, shall make void and annul the same from and after the day of such signification." Viscount Wohner said this amendment : (1) Was taken word for word from Colonial Constitutional Acts, i.e., British North America Act, New South Wales, Van Dieman's Land, Austrahan Colonies and Cape of Good j Hope. The chief Secretary (Mr. Morley) had been a { leading member of the Committee which went into the Western Austraha Constitution Act in 1890, and admitted the insertion of these words. (2) It had been acted upon again and again with great benefit. i- > to Imperial legislation ( '291 ) (3) 111 the opinion of Lord Thring, a supporter of the Govern- ment's Irish poHcy and draughtsman of the 1886 Bill, the position of Viceroy in Ireland would be similar to that of a Colonial Governor. Sir J. Biqhy said this was unnecessary in the case of Ireland, as Ireland was so close to England. Tliis Bill had a better expedient whereby the Act would be brought before the Privy Council at once and decided at once. Mr. Balfour said he did not see how the prerogative of the Crown could be exercised in some cases until they had seen how the Bill worked. This reservation of 18 months was allowed in the case of Canada ; Sir J. Rigby said it was unnecessary in the case of Ireland, Ireland being so close. Canada was only 10 days from England. If 18 months was allowed in Canada, why should no time be allowed in Ii'eland, which was only 12 times closeT.—Rejected, 324 to 286. July 6th. Cols. 1025-1031. Closure applied in conformity with Order of the House of 30th June, and Clause 5, as amended, passed without further debate. Clauses 6, 7 and 8 also passed under Closure. —July 6tb. Col. 1031. Irish Representation in House of Commons. 9. Unless and until Parliament otherwise determines, the 25 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 30 to return any member. (2) The existing divisions of the constituencies shall, save as provided in that schedule, be abolished. (3) An Irish representative peer in the House of Lords and a member of the House of Commons for an Irish constituency 35 shall not be entitled to deliberate or vote on — {a) any Bill or motion in relation thereto, the operation of which Bill or motion is confined to Great Britain or some part thereof ; or (&) any motion or resolution relating solely to some tax not raised or to be raised in Ireland ; or (c) any vote or appropriation of money made exclusively for some service not mentioned in the Third Schedule to this Act ; or 5 {d) any motion or resolution exclusively affecting Great Britain or some part thereof or some local authority or some person or thing therein ; or (e) any motion or resolution, incidental to any such motion or resolution as either is last mentioned, or relates solely to 10 some tax not raised or to be raised in Ireland, or incidental to any such vote or appropriation of money as aforesaid. (4) Compliance with the provisions of this section shall not be questioned otherwise than in each House in manner provided by the House. 15 (5) 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 20 ( 292 ) 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 nuinner heretofore 25 accustomed. CI. 9, L. 25 : Leave out from " Unless " to " determines." Mr. Ambrose begged to move his amendment. Mr. Balfour said there ^^ ere three alteinatives in dealing \\ ith this complicated clause : — (1) Whether Irish members are to be in Parliament at all. (2) Whether Irish members are to be limited to the subjects on which they vote, if they are in Parliament. (3) Whether Irish members are to be in Parliament for all pur- poses. Sir H. James said this Mas a most impoitant question and he thought it wrong that the Committee should approach it fettered by these first Avords, i.e., that anything decided upon woidd be temporary only. Mr. Gladstone said these words were inserted in the 188G Bill. At that "time Mr. Parnell said, and the Goveinment understood the general view and opinion to be, that this question of the Irish members wasan Enc^lish question and hardly concerned Ireland. Therefore these words were introduced.— July 7th and 10th. Cols. 1114-1119 and 1160-1163. CI. 9, L. 27 : Leave out Sub-sections (1) and (2). Mr. Red mond said the point Mas : — (iyis the number of Irish members to be retained in Imperial Parliament to be the same as noM" ? (2) Is the number to be reduced to 80, as in the schedule of the Bill ? He M-as taking it for granted that they Mere to be retamed ni some torm, as their retention M^as necessary, Mhen the Imperial Parliament had retained poMcr over so many Irish questions, i.e., land, police, judicial appointments, and finance, for six years. Under these circumstances he did not think the Irish members should be reduced by one man m Imperial Parliament. He and the other Irish members Mould resist any attempt to reduce their number. Mr. Gladstone said the Government, and he thought everyone, noM" aoTeeTrtliat som^Irish members should be retained, but the Government did not think the 103, as at present, should be, but that 80 should be, which M-as the number corresponding Mith the population. When in 1885 redistribution took place in England, the Government did not touch Ireland, because she was fighting the battle of her country, and it M-ould have been odious to reduce her representation at that moment. Nom' the proportion of her representation has become gross, as her population has gone doMU m hile Great Britain's has gone up. Therefore, the Government have decided to make her representation more equal and bring it down to 80. (After considerable discussion on the actual meaning of the amendment, the Chairman ruled that the question before the Committee was whether there were to be 80 or 103 iwmhevs).— Amendment defeated by 14. July 10th. 2S0 to 266. Cols. 116S-1192. CI. 9, L. 27 : Leave out from " day " to end of Sub-section (2) and insert " Ireland shall cease to return members to the House of Commons, and the persons who on the said day are such members shall cease to be members of the House of Commons." Mr. Heneage asked why the Prime Minister had changed his opinion since"T886rwlien he advocated this ? Why should Ireland manage her own affairs and English, Scotch and Welsh affairs as well ? If the supremacy of Imperial Parliament had been secured by this Bill, then Unionists" might have voted for the retention of Irish members. ( 293 ) Mr. Gladstone said he Avas sure tlic country -^Aished the Irish members retained, and the great point in favour of their retention was that it guaranteed the supremacy of Imperial Parliament and exhibited it to all the world. Mr. Hobhojise said " from the first moment of this proposal of an. Irish Parliament Mas"raade,'he had been opposed, root and branch, to every form of such proposal.'' But if it was to be, he supported the exclusion of the Irish. Mr. Chamberlain said ]Mr. Gladstone had always said that this question was a question for the English, Scotch and Welsh electors ; will the Government use their infliience ^\ith. the Irish and let the British members settle this question ? Mr. Baljour said he would support the amendment, not because he liked it, but because he thought it the best of the three bad alternatives. Would the Prime Minister let the Enghsh and Scotch members decide the amendment ? Mr. Gladstone said a reference to the j\idgment of Parliament is the way to obtain the verdict of Great Britain. Mr. Baljour : " Is the right waj' to test the rights of Great Britain, as distinguished from the rights of the United Kingdom, to go to the votes of the United Kingdom and ignore the votes of Great Britain ? " — Rejected, 240 to 209. July 10th. Cols. 1192-1245. CI. 9, L. 27 : After " day " insert " existing constituencies shall be abolished, and a number of members shall be returned from Ireland to serve in Parliament bearing the same proportion to the total number of members as the contribu- tion of Ireland fixed in this Act bears to the total Imperial expenditiu'e." Sir J. Lubbock said Ireland would bear one-fortieth part of the burden- and have five-fortieths of the po\Aer. To judge representation by popu- lation was all very well, Avhen the Parliament had to decide all details of life, from smallest to largest ; but in this case the Irish Legislature would do that for Ireland and the Imperial Parliament would have no say in the matter, and yet the Irish were to have this large representation in Imperial Parliament, and be allowed to interfere with the details of life in Britain. Thirty or forty Irish members would be sufficient. Mr. Gladstone said they did not deal nowadays A^ith £ s. d., but Mith human beings. Why should not the poor Irishman have as much power over the National Debt and Army expenditure as the poor Enghshman ? Mr. J. Chamberlain said the question Mas : " Is Ireland as a whole to be relieved of her fair share of taxation in order that Great Britain as a whole may pav a great deal more ? "" — Negatived. Julv 11th. Cols. 1288-1304. CI. 9, L. 27 : After " constituencies " insert " hereinafter." Sir Charles Dilke said the redistribution scheme of this Bill upset the agreement of 1884. Under tliis Bill nine counties were to return three members each in a single constituency, doing away ^vith the almost universal creation of single-member districts, no doubt to save the expense of a Boundan.- Commission. This Bill also destroyed the existing balance between county and borough representation, as it took away 21 county seats and no borough ones, although five small borough seats shoiild have gone first. Co. Down had three members for 38,000 electors. Kilkenny, Newry and Galway had only 1,900 electors each. Mr. Gladstone said this plan in the Bill ^as only a rough one. The Government could not found itself upon the existing divisions of counties, because the Irish Legislature might divide the counties for representation in Dublin in a different way to wliich the Government divided them for representation in Imperial Parliament. So the Government adopted this plan, fair to both parties, until the ^hole question of redistribution, could be thrashed out, as it mitst be soon. Mr. Go9chen asked how Mr. Gladstone could say there was no taint in the plan when Dublin L^niversity was to be disfranchised, and the Government was thereby to gain two seats. — Rejected, 212 to 182. July 11th. Cols. 1304-1325. ( 294 ) (Jl. 9, L. 28 : Leave out " Second " and insert " First." Mr. Seton Karr said this amendment would retain -18 members in Imperial Parliament and he thought that was enough. Mr. Rentoul enumerated four ways of determining representation and the numbers of members each would give : — (1) Pojiulation — 74 members. (Taking away five University English members as the Irish University ones were taken away. ) (2) Income taxation — 40 members. (3) Probate and death duties — 39 members. (4) According to contribution to Defence and National Debt — 26 members. Add together and divide by four and the average would be 4(3. Mr. Morley said the amendment was out of the question. The firet schedule is £20 rating quahtioation for the Legislative Council. Can that be applied to the rejiresentation of Ireland in this House, i.e.. Imperial Parliament ? (Quarrel in the House. Chairman requested Mr. Sexton to leave, and he eventiuiUy did.) —Rejected, 251 to -J IS. July Uth. Cols. 1325-1357. ■CI. 9, L. 30 : After " more " insert " the Eoval University of Ireland shall return two members." Mr. Rentoul said there were two Universities in Ireland : (1) Dublin, and (2) the Royal. It was important that that University should have representation, just as much as labour and shipping and agriculture had representatives to forward their claims. Irish Univcr.sities and their degrees stood lower than English ones, because they had no representation in Parliament. Mr. Morley said the amendment was absurd. The mover's chief argument was that if a university has Parliamentary representation it attracts more young men and so would keep more students in Ireland who otherwise would come to England. — Rejected, 255 to 226. July 11th. Cols. 1357-1362. CI. 9, L. 30 : Leave out " and Dublin^University shall cease to retm'n any member." Mr. Parker Smith said University representation was an old Radical theory. Why had Radicals changed ? Was it because University members had lately been against them ? Mr. Red mon d said he \\-ould vote for the amendment, because it ■gave two extra members to Ireland, and the more there were the better he would be pleased. He wanted more than 80, even if he could not have 103. Mr. Morley said the Goveniment opposed the amendment. The function of Dublin University has been to find seats for Tory law officers. The representation has hardly ever varied. Ireland needs varied repre- sentation, and if the University promised that he would not object to the amendment. Mr. Plunkett said University representation had existed for 2k cen- turies, and for those 2k centuries there had been an increasing weight of authority for increasing and not decreasing their representation. Each University (Dublin) member had 2.200 electors, while (ialway had 1,905, and Xewry 1.847. and all the University electors coukl read and write. There were 280,000 Unionist electors out.side Ulster, and if the University members were done away with, these electors would only return one member. Mr. Gladstj))w said University members had been eloquent and learned ; but they had not been returned because of that, but because of their political views. He was against all University representation, and if they had it, they should have other class representation as well. He had not singled out Dublin University, as he had been accused of doing, but as the question of that University naturally arose in this Bill, and the other Universities did not, he had dealt with Dublin. If in future a Bill was introduced to remove other University members, he would vote for it. { 295 ) Mr. C arson asked why the Goverament were going to render Trinity College, Dublin, inferior to other Universities, at a time when they did not intend to reconsider the whole question of University representation. Let them reconsider the whole question and either take away University representation altogether or not at all. The truth was that Dublin University was being attacked by the hierarchy in Ireland, and the Government had to bow the knee to this hierarchy, which desired not only the suppression of the loyal minority in Ireland, but its extinction. —Rejected, 280 to 248. July I'lth and 12th. Cols. 1362-1365 and 1381- 1418. CI. 9, Z. 34 : Leave out Sub -sections (3) and (4). Mr. Gladstone said he had been blamed for not choosing outright a definite course ■\\-ith regard to this question, i.e., whether the Irish members were to have unlimited or limited powers of voting in Imperial Parliament. He had not chosen a course, because he was not sure \\\\&.t course even his own supporters favoured. Therefore, he would leave it to the judg- ment of the House. But from signs he had noticed of late, i.e., after the Bill had been published, he thought a majority of members of all parties favoured the unlimited vote. To introduce a member ^^•ith limited votes would be a huge innovation. On the other liand, ^\-ith unlimited votes it \\as said the Irish members (four-fifths' "of ^hom ^^•ould be Nationalists) \\ould give a very limited representation to others in Imperial Parliament. He did not agree ^\•ith this latter statement. When the universal question of Home Rule itself A\as once settled, he thought other sections of opinion A\ould appear, which Avould make the repre- sentation more equal. Besides, he thought the plan in Sections 3 and 4 {i.e., limited votes) passed the ^nt of man to put into execution. Mr. Balfour said Mr. Labouchere had asked for his views on the whole question of the retention of Irish members. He A\ould gratify his wish, although at the same time making it understood that he did not think it was his business to propose a solution for a part of a Bill a\ liich he had had no part in dra^nng up. It was Iris view that the question was incapable of solution. Both alternatives were open to such grave objections, fundamental objections at that, that total exclusion of the Irish members was the only possible scheme left — (a) To take the limited vote scheme : the objections to it are three : — (1) It must shatter, or threaten, the ordinary pro- cedure of Parliament A^ith many difficulties. (2) It must lead to constant intrigue Adth the Irish. members. (3) It must shatter the Cabinet system. (5) To take the unlimited vote scheme : objections to it arc : — ■ (1) It must shatter representative government ; because the Irish members will sit here, talk about and vote about affairs which do not concern them, and at the same time have abso- lute control over their own affairs without intei'vention from any other part of the United Kingdom. (2) It will mean that the Irish members use their votes, not for British interests, but to upset or establish Ministers, as best may sei've the interests of Ireland. Mr. Chamherlain recalled to Mr. Gladstone his statement (Mr. Gladstone's) that this question was a question for the British electors. What did he mean ? Not a dissolution ? But the only other way for the British electors to decide was by a division of their members. On the question of total exclusion of the Irish members, the Government had a majority of 31. But leaving out the Irish members there was a majority against the Government of 29. So much for the British electors" opinion. —July 12th and 13th. Cols. 1418-1428 and 1485-1545. Debate on Clause 9 interrupted by Closure, and that clause and others up to and including Clause 26 dealt with u))der Closure. —July 13th. Cols. 1545-1547. ( 296 ) Judges and Civil Servants. 27. (1) All existing judges of the Supreme Court, county court judges, and Land Commissioners in Ireland, and all existing officers serving in Ireland in the permanent civil service of the Crown and receiving salaries charged ou the Consolidated Fund of the 5 United Kingdom, shall, if they are removable at present ou address from both Houses of Parliament, continue to be removable only upon such address, and if removable in any other manner shall continue to be removable only in the same manner as heretofore ; and shall continue to receive the same salaries, gratuities, and 10 pensions, and t) be liable to perform the same duties as heretofore, or such duties as Her Majesty may declare to be analogous, and their salaries and pensions, if and so far as not paid out of the Irish Consolidated Fund, shall be paid out of the Exchequer of the United Kingdom : Provided that this section shall be subject 15 to the provisions of this Act with respect to the Exchequer judges. (2) // any of the said judges, comynissioners, or officers retires from office tvith the Queen's approbation before completion of the period of service entitling him to a pension, Her Majesty may, if she thinks fit, grant to him such pension, not exceeding the pension 20 to which he would on that completion have been entitled, as to Her Majesty seems meet. CI. 27, L. 2 : Leave out " and Land Commissioners in Ireland." Mr. Sexton said the Land Purchase Act of 1891 enacted that these Commissioners : — (1) Be paid out of Imperial Consolidated Fund. (2) Have judicial term of office ; and (3) Only be removed from office on an address from both Houses. These methods were continued by this Home Rule Bill by tliis clause, with the effect that the Irish Legislature ^^•ould have no power to modify or alter their functions and duties. He wished these \\ords left out, so that the status of these Commissioners should remain the same unless altered by Irish Act. How could the Irish Government secure efficiency in the duties of these men if these men were responsible to Imperial Parliament. Mr. Morley said Mr. Sexton seemed to forget that these Commis- sioners would administer the law ; and, so, if the Irish Legislature changed the law, say, one of the Land Laws, the Commissioners would have to administer it as changed. — Amendment withdrawn. July 17th. Cols. 17H-n23. CI. 27, L. 2 : After " Ireland " insert " Clerks of the Crown and Peace appointed under ' The Countv Officers and Courts of Ireland Act, 1887.' " Mr. Si ton Karr said these officials ought to have their vested interests safeguarded. Tiiey were permanent civil servants, paid by Parliamentary vote. They had had to give up their sohcitors' practice, and were dependent on the carrying out of the 1877 Act. Mr. Morleif quite agreed, but said this was the wrong place. The Government had an amendment on the paper safe-guarding these officials as well as others connected with law courts and Didjhn police magistrates. — Amendment withdrawn. July 17th. Cols. 1723-1730. CI. 27, jL. 11 : After " Majesty " insert " in communication with the Irish Government." Mr. Sexton said the country wliich i^aid the salaries of judges, &c.. should be consulted. 3Ir. Morley agreed, but objected to the wording. He said he would consider the case and insert words at another part of the clause having the desired eiiect. — Amendment withdrawn. July 17th. Cols. 1733- 1736. ( 297 ) CI. 27, L. 12 : After " salaries " insert " emoluments." Mr. Balfour wished to know how the salaries of those appointed before 1877 were to be secured, as these salaries were dependent on sources other than Parliament. Mr. Morley said " salary " included " emoluments." In 1877 these offices, previouslj^ remunerated by fees, became freehold offices. A freehold office Avas properly protected by Clause 4. — Amendment with- drawn. July 17th. Cols. 1736-1741. CI. 27, LI. 12 and 13 : Leave out *' if and so far as not paid out of the Irish Consolidated Fund." Mr. Morley said this would enact that salaries and pensions would be paid out of Exchequer of the United Kingdom. After the amendment had been accepted, he would move a further one. " by which the Irish Exchequer would pay back such money to the United Kingdom; Exchequer." Mr. Chamberlain asked what security the British taxpayer would have that he would get back the money he had paid from the Irish Exchequer. Mr. Sexton said Clause 14. — Amendment agreed io. Jvdy 17th. Cols, 1741-1744. ^ CI. 27, L. 21 : New Sub-section (3) : " This section shall apply to existing officers serving in the permanent Civil Service of the Crown, who, although receiving salaries out of money provided by Parliament, are removable only for mis- conduct or incapacity." Mr. Morley said this was to provide that existing officers in per- manent civil service of the Crown should only be removable for incapacity or misconduct. Mr. Sexton moved an amendment to the amendment to' insert at beginning " Sub-section (1) of." ', Mr. Balfour objected, and said it Mas impossible to distinguish between these officials and the Commissioners in Section 2. Mr. Sexton said these officers could refuse or not to serve the new Government, but if they refused, he objected to tiicir getting the same pension as if they had served their full time. Mr. Balfour said by this amendment they were excluding Bank- ruptcy judges from privileges enjoyed by other judges. Mr. Morley admitted this, and said he would look into it before Report, and amend it so that all judges have same privileges. — Amendment agreed to. July 17th. Cols. 1745-1747. CI. 27, L. 21 : At the end of Sub-section (3), to add " and all Clerks of the Crown or Clerks of the Peace appointed previous to the 14th day of August, 1877." Mr. Plunkett said these officers were deserving of proper consideration. He did not trust the statement that Clause 4 safeguarded them, as he did not think an office was x^roperty. Mr. Morley said these officers hold a freehold office. If the officers were disturbed, just compensation must be given, and Clause 4 did safe- guard them. — Negatived. July 17th. Cols. 1769-1773. 28. (1) All existing officers in the permanent civil service of the Crown, who are not above provided for, and are at the appointed day serving in Ireland, shall after that day continue to hold their offices by the same tenure and to receive the same salaries, gratuities, and pensions, and to be liable to perform the same duties as heretofore or such duties as the Treasury may ( 298 ) 25. declare to be analogous ; and the said gratuities and fensions, and until three years after the passing of this Act, the salaries due to .30 C'H'!/ of the said officers if remaining in his existing office, shall be paid to the payees by the Treasury out of the Exchequer of the United Kingdom. (2) Any such officer may after three years from the passing of this Act retire from office, and shall, at any time during those 35 three years, if required by the Irish Government, retire from office, and on any such retirement may be awarded by the Treasury a gratuity or pension in accordance with the Fifth Schedule to this Act ; Provided that — (a) six months written notice shall, unless it is otherwise agreed, 40 be given either by the said officer or by the Irish Government as the case requires ; and (6) such number of officers only shall retire at one time and at such intervals of time as the Treasury, in communication with the Irish Government, sanction. (3) If any such officer does not so retire, the Treasury may award him after the said three years a pension in accordance with the Fifth Schedule to this Act which shall become payable to him on his ultimate retirement from the service of the Crown. 5 (4) The gratuities and pensions atvarded in accordance with the Fifth Schedule to this Act shall be paid by the Treasury to the payees out of the Exchequer of the United Kingdom. (5) All sums paid out of the Exchequer of the United Kingdom in pursuance of tliis section shall be repaid to that Exchequer 10 from the Irish Exchequer. (6) This section shall not apply to officers retained in the service of the Government of the United Kingdom. CI. 28, L. 23 : After " Crown " insert " and all principal teachers of national schools in Ireland." Mr. Russell sauted an explanation from Mr. Moiiey. Why should model school teachers rank as civil servants while national school teachers did not ? Mr. Morley said national school tea,cher3 are appointed and dis- missed by local managers. They are not in the public service. Model school teachers are appointed and dismissed by Lord Lieutenaiit, and they give their whole time to the service. — Rejected, 254 to 1S3. July 18th. Cols. 1S36-1841. CI. 28, L. 24 : After " day " insert " unless and until they are trans- ferred to other parts of the United Kingdom as hereinafter mentioned." Mr. Balfour said they were dealing with a great revolution. Irish members had avowed their intention of " clearing out the castle," and quite lately they have had violent quarrels with civil servants. Will the Irish members not treat these civil servants as they have time and again declared they will do when they get Homo Rule ? Mr. Gladstone has prophesied that they may turn some out from motives of economy. There are only two ways of economising: (1) Cuttmg down salaries; (2) dis- missing officials. Tlieic was sure to be an enormous dismissal anyhow. These servants are not Irish civil servants in the proper sense of the word, but Imperial civil sei-vants, and as such should be safeguarded in their offices or be given others elsewhere. Mr. Gladstone said there would be no large dismissals. The Irish electors would grasp and understand who were the efficient men. antl they would elect them. Also would the Legislature be likely to burden itself with £150,000 worth of pensions 1— Rejected, 241 to 199. July 18th. Cols. 1S41-1S73. ( 299 ) CI. 28, L. 26: After "pensions" insert " according to the scale of the class to which they belong." Mr. Morley said the scale had a maximum and minimum, ^^^th an annual increment. " The same salaries '" might mean the salaiies without the increment. — Amendment agreed to. July 18th. Cols. 1873-1874. CI. 28, L. 27 : After " Treasury " insert " in communication with the Irish Government." Mr. Morley said the clause looked as if the Committee Mere to award, the pensions ; that was a mistake. — Amendment agreed to. July 18th. Cols. 1874-1878. CI. 28 : Leave out from '" and " in L. 28 to " provided " in L. 38, and insert " During the period of five years after the passing of this Act (in this section and the Fifth Schedule referred to as the transitional period), the said gratuities and pensions shall be awarded by the Treasury (in com- munication with the Irish Government), and the said gratuities and pensions so awarded and the said salaries shall be paid to the payees by the Treasury out of the Exchequer of the United Kingdom. Any such officer shall during the transitional period hold office unless he — (a) leaves the service on a medical certificate, or itnder the existing rules as to age, or is dismissed for mis- conduct or incapacity ; or (6) is removed upon an aboUtion of office or re-organisa- tion of department which does not involve the appointment of any new officer ; or (c) resigns under this section ; or (d) is required by the Irish Government to retire." Mr. Morley said this defined the transition period, and the latter part defined the conditions under wliich an officer might cease to hold office. Amendment to amendment: Leave out from '"during" to " period." Mr. Plunkett : Civil servants objected to these words, because it limited the security of their pensions to five years. How would they stand with regard to pensions after five years ? Mr. Folder said if the civil servants elected to stay on after the five years, they woiild have to make the best bargain possible with the Irish Legislature with regard to their salaries. Their pensions would continue to be paid as at present from Imperial Exchequer. Mr. Sexton suggested the words " salaries payable within the said period of five years," which were agreed to. Amendment to amendment : Omit " in communication with the Irish Government. ' Marquess of Carmarthen did not think there was any meaning in them ; as Mr. Morley had said, the English Minister would always com- municate with Irish Government. If the words did mean anything, they meant the handing over of " gratuities, pensions and salaries " to the Irish Legislature, which was surely ridiculous. Mr. Morley said the words would not have that meaning at all. They simply meant that the English Minister would have the view s and opinions of Irish Legislature before liim, but would be in no way con- trolled by Irish Legislature. — Amendment withdrawn. Mr. Morley : Original words amended to "after communicating, &c." ( 300 ) Amendinent to amendmeut : Leave out Sub-section (c) " resigns under this section ; or." Mr. Storey said he wished to differentiate between : ('ipThc officer wlio retired because he would not seive under the Irish Legislature ; and (2) The officer who was dismissed by Irish Legislature. The former had no right to the same benefits as the latter. Tiie former ought to think of serving his country and not muid about lus actual masters. Lord R. Churchil l said Mr. Storey did not appreciate the position some civil ^^^ntsHnlvcland would be in : civil servants who had disagreed and quarrelled imceasingly with Nationalists. He ought to remember also that Nationalists had many friends in Irelaml for whom they would have to find lucrative posts. Mr. Morley said it was possible for Irish Legislature to make it so unpleasant for some civil servants that they would l)e forced into th Section, the Lish Legislature could repeal that provision, so it was better in tlie Bill itself. Amendment accepted. August 23rd. Cols. S6f)-871. Clause 5 : Add " And at the expiration of forty days from the date of such instrument of delegation having been so presented to the two Houses of Parliament, but not before, such delegation shall become effective and binding, unless in the meantime an Address has been presented by both of the said Houses praying Her Majesty to revoke or cancel such delegation." Mr. Ambrose said whilst the powers of the Irish Legislature had been qualified, the powers of the Executive, which were equally important, had been forgotten. Delegating the jirerogative of the Crown would give the Irish Legislature the power of condoning criminal offences. The Imperial House ought to retain control of delegations. Mr. Gladstone said the delegations must under the Bill be submitted to Parliament forthwith, but the atnendment aimed at the delegations being submitted before coming into force. — Negatived. August 23rd. Cols. 871-875. ( 321 ) Clause 5 : Add " Provided always the Lords Lieutenant of counties shall be appointed by the Lord Lieutenant of Ireland as representing Her Majesty." Mr. Hanhury moved the addition to the clause in order to make the position quite clear. The phrase in the Bill, " subject to instruc- tions," were too general and vague. Sir C. Russell explained that definite instructions could not at once be given, but would be given as necessity arose. Mr. Dane gave a detailed explanation of the offices of Lord Lieutenant and Gustos Rotulorum. Mr. Morley accepted the amendment with the omission of the word "Lords." — Amended amendment agreed to. August 23rd. Cols. 875-800, Clause 5, Section 2 : Omit " or as may be directed bv Irish Act." Mr. Bolton moved this amendment as the discussion in Committee was unsatisfactory. So far as Colonial constitutions were concerned there was no precedent for such an arrangement. To leave the appointment of an Executive to the Crown or to an Irish Act left the matter in too much uncertainty. Mr. Gladstone opposed the amendment on the ground that as the business of the Executive was a purely Irish affair it should be regulated by the Irish Legislature. — Withdrawn. August 23rd. Cols. 890-908. Clause 5 : Insert " (3) The Lord Lieutenant shall not do or omit to do any act upon the advice of the Executive Committee, or until he has received Her Majesty's instructions thereupon — (a) In respect of any of the matters upon which the Irish Legislature are disabled from legislating under Section 3 of this Act ; nor (b) Whereby any person or corporation Avoidd be in- juriously affected in respect of any of the matters in regard to which they are protected as against legislation by the Irish Legislature under Section 4 of this Act ; and it shall be unlawful for any Executive officer jn Ireland, except by the direction of the Lord Lieutenant acting under Her Majesty's instructions as aforesaid, to do or omit to do any such Act." Lord Cranhorne said all matters excluded from the Irish Legislature ought also to be excluded from the Irish Executive. It should be clear in the Bill that on some subjects the Irish Executive could not give advice to the Lord Lieutenant, and that on such subjects he should only consult the Imj^erial Government. In cases of extradition, treason, &c., it should not be possible for the Irish Executive to advise the Lord Lieutenant to suspend his due action. Sir C. Russell said the amendment assumed antagonism betAveen the Lord Lieutenant in his Imperial capacity and in his local capacity ; the Government could not admit the possibility of such antagonism. Mr. J. Chamberlain said if the Irish Executive tendered advice officially, th&Lord Lieutenant was bound to accept such advice or dismiss the Executive. The Lord Lieutenant has to act in two capacities, in one as a person advised by the Irish Executive, and in the Other as representing Her Majest3'. With regard to excluded matters, must he act in the latter capacity ? If he is, why does the Government object to the amendment ? Mr. Wyndham said Mr. Bryce in dismissing an amendment moved in Committee had stated that the Irish Executive would be subjected to the same restrictions as the Irish Legislature — this was the object of the amendment. ( 322 ) Mr. Bn/ce accepted the statement attributeil to him. It had ahvays been tlTe opinion of the Government that the Lord Lieutenant should be guided bv the Imperial Government in Imperial matters, a'^^that ^'^J fame restrictions should apply to the Insh Executive as " he_ In^h Legislature. On some matters, althoujih he may consult the lu.h Execu- tive, he Mill act on advice of Imperial (Jovernmeut - and that onU. The amendment, however, set up a double Executive in Ireland. Mr A J Balfour argued that the Government position was fuU of inconsistencies, and that as limitations on the Executive Mere necessary. thev should be included in the Bill and not left to the haphazard policj of successive governments. -i?qec/erf. 200 to 146. August 24th. Cols. 009-1010. CiAUSE 5 : Add " Provided always that there shall be a Secre- tarv for Ireland holding office in the Imperial Ministry and who may be "a member of either House of Parhament." Mr. Hanbury said he wished to provide that the new Irish Constitution shoukrbe"^^^^^^7kcd as others in the Empire were worked. There were Secretaries for India, the Colonics, Scotland and Ireland, ho tar as giving Irish matters to the charge of the Home Secretary he was already overworked and had less than other Ministers to do with Ireland. Under Grattan's Parliament, the Executive Avas an English Executive, but under the Bill the Executive M-ould be controlled by the Irish Legislature. An Irish Minister M-as necessary and there was abundance of work for one. Mr. W. E. Gladstone M-as very jealous of the constitution of offices bv SUtiTte. TheT^^r^^tation of Irish affairs in the Imperial Parliament did not necessitate a separate office for Ireland. He objected to the continuance of the perpetual supervision of Irish affairs ^^X the Imperial Parliament.— 7?e/edc(^, ISS to 135. August 24th. Cols. 1011-10^4. Clau.'^b 5. Sub-section (3) : Omit " on the advice of the said Executive Committee." and insert " in nccordance with instructions given by Hei- IMajesty." Sir R. Temple said the sub-section provided that the assent of the Lord Lieutenant depended, as a rule, on the advice of the Irish Executive. The amendment would put him into the position of assent or not as an Imperial officer. It was not to be expected that the veto would be advised by those representing the majority of the Irish Legislature; therefore, as a safeguard, the veto Nvas only a sham unless it could be used indepen- dently by an Imperial officer. Mr. Gladstone said the amendment would take from the Executive • Coun"dr^rseiirblance of functions with regard to legislation. It M-ould destrov the Bill, as it would be a mockery if every Bill passed '^Y.both Iiish Houses was to be determined by directions from England.— iff? ecffrf 196 to 146. August 24th. Cols. 1042-1052. CiAUPK 5 {?*)■ Omit "give or withliold the assent of Her Majesty to Bills passed by the two Houses of the Irish Legielature, subject " and insert " but." Mr. Macartney said the amendment would make Imperial supremacy an artualTartTnci give the necessary protection for the minority. Mr. Gladstone said the restriction was unnecessary OAving to the geogr^I)hic£d~'^ition of IreUnA.— Negatived . August 25th. Cols. ^1108-1115. Clau.se 5 (3) : After " nevertheless " insert " to the provisions of this Act, and." Mr. Gerald Balfour said the atnendment would give tlie Lord Lieutemmt'power to act on his own responsibility and discretion. ( 323 ) Mr. Gladstone said the Lord Lieutenant did possess the power desired, but if not the amendment would not give it. — Negatived. August 25th. Cols. 1115-1131. Clause 5 (3) : Add " Provided that, except upon instructions given by Her Majesty, no sucb. assent shall be given by the Lord Lieutenant until the expiration of forty days after such Bills have been passed by the two Houses of the Irish Lcgislatru-e." Mr. Butcher said the object of the amendment was to give reality to the safeguard of the Imperial veto and to allow time for the Imperial Government to give instructions to the Lord Lieutenant in case of necessity. Mr. Morley said the Government M^ould inferfere mth unjust or oppressive legislation, and he did not consider the Irish Legislature would be more likely to commit acts of folly than any other similar body. It was impossible for many measures to wait forty days. — Negitived. August 25th. Cols. 1132-1137. Clause 5 (3) : Add " Provided that in the case of Bills for appropriating any part of the public revenue, it shall be lawful for the Lord Lieutenant, in pursuance of instructions given by Her Majesty to particular provisions of such Bills." Mr. Gercdd Balfour moved the amendment so as to provide some remedy against " tacking." — Negatived. August 25th. Cols. 1137-1165. Clause 5: Add '^Whenever any Bill which shall have been presented for Her Majesty's assent to the Lord Lieutenant shall by the Lord Lieutenant have been assented to in Her Majesty's name the Lord Lieutenant shall forthwith transmit to one of Her Majesty's principal Secretaries of State an authentic copy of such Bill so assented to ; and it shall be lawful at any time within one year after such Bill shall have been so received by the Secretary of State for Her Majesty by Order in Council to declare her disallowance of such Bill ; and such disallowance, together with a certificate under the hand and seal of the Secretary of State, certifying the day on which such Bill was received as aforesaid, being signified by the Lord Lieutenant to the Irish Legislature by speech or message to such Legislature, or by proclamation in the Irish Government Gazette, shall make void and annul the same from and after the day of such signification." Lord Carmarthen said he had a similar amendment in Coiiimittee which was shut out by closure. The provision suggestetl A\as to be found in all Colonial constitutions. Sir C. Russell objected to the amendment. The Bill gave legislative power within a defined area and subject to defined limitations, but the policy was to allow freedom within that sphere but not indejjendence. — Negatived. August 25th. Cols. 1165-11()9. Clause 5 : Add " The prerogative of mercy shall not be exercised by the Lord Lieutenant on behalf of Her Majesty, except upon the advice of one of Her Majesty's j)rincipal Secretaries of State." Mr. Arnold Forster considered the prerogative of mercj' should remain with the Imperial House and not in Irelannnd^- a year or upwards, free of all charges ; or (b) if peisonalty yif'lds the .same income or is of the capitalised value of four thousand pounds or upwards, free of all charges ; (5) H(! shall have his real property qualification in the constituency which he represents, or be resident in the constituency. Mr. Henri/ Hobkouse — CI 6, I. 22 (as amendments to the Marque.ss of Carmarthen's propo.^cd amendment) : — Jleforc " election " insert " appointment or."' After " constituency " insert " or, if a councillor ap])ointed for life, shall be resident in Ireland." CI. fi, I. 22 : After " councillors "' insert : — The councillors appointed for life stiall be; such qualified jiersons as may be, from time to time, summoned by Her ^Majesty acting by one of Her principal Secretaries of State : Provided that the number of councillors; so appointed ^hall at no time exceed the number of eouncillois elected under the provisions of this section. Mr. Bartley — CI. 6, /. 22 : After " councillors " insert " subject to any increase in .heir numbers from time to time provided for by Parliament." Mr. Bathbone — CI. 6, I. 22 : At end, add :— (2) In the event of the establishment by Irish Act of elective councils, with powers of local government for the several counties, ridings, and boroughs mentioned in the First Schedule to this Act, the legislative councillors shall be elected by those councils, and each council shall return the number of councillors named opposite thereto in that Schedule. (3) Until the establishment of such elective council>-'. Mr. Webster — oTg, I. 23 : Leave out Sub-section (2). Mr. Bartley — CI. 6, /. 23 : Leave out " first " and insert '' second." Sir Richard Temple — CI. G, I. 24 : .^fter " councillors " insert "' of whom twenty-eight shall be peerage members and tM'enty elected members." Mr. Laboucherc — CI. 6, I. 25 : After " schedule " in.sert "■ and the electors of councillors shall be the parliamentary- voters for th:; time being in each constituency." Mr. Parker Smith — CI. 6, /. 25 : Insert " The constituencies shall be so divided as each to return three or five members, and no elector shall be entitled^to ^ t)te for more than one candidate, but may transfer his vote according tv the rules in the schedule. 3Ir. Courtneij — CI. 6, /. 2G : Leave out " man " and insert " pei-son." Mr. Walter M'Luren — CI. 6, l. 26 : After " man " insert " or woman." ( 329 ) Major Jones — Ct. 6, I. 26 : Leave out from " to " to " vote," in Line 27. CI. 6, I. 28 : Leave out from " ■\\ho " to " is," in Line 30. Mr. Henry HohJtouse — CI. 6, 1. 28 : Leave out " or occupies." Lord Randolph ChurchiU — CI. 6, I. 28 : After " occupies " insert " any dwelling house, office, and curtilage in the constituency of a rateable value in the aggregate o! five pounds or uj^wards, or any land or tenement of the same rateable value, and appearing from the rate book of any union to be situate in any city, to^vn, or village therein, or any other land.s and tenements situate elsewhere within the same." CI. 6, I. 29 : Leave out " constituency " Marques'^ of Carmarthen — CL 6, I. 29 : Leave out " rateable " and insert " net annual." CI. 6, L 29 : Leave out " more than twenty " and insert " forty." Vwcount Warmer — a. 6. I. 29 : Leave out " twenty " and insert '" fift\-." Mr. Seton-Karr — - CI. 6, I. 29 : Leave out " tv/enty " and insert " two hundred." Sir Richard Temple — CI. 6, I. 29 : Leave out " twentj- pounds " and insert '" two hundred pounds, or personalty \ielding three hundred pounds a year." Marquess of Carmarthen — CI. 6, I. 29 : After " pounds " insert " or upwards." Mr. Henry Hohhouse — CI. 6, I. 29 : After " jiounds " insert " or, in the case of a borough constituency, owns or occupies any land or tenement therein of a like rateable value." Major Jones — CI. 6, I. 32 : Leave out from beginning of line to '" Provided," in Line 34. Mr. Henry Hohhouse— CI. 6, I. 32 : Leave out from the first " qualification "' to " provided," in Line 34. Mr. Kimher — CI. 6, I. 34 : After " case may be " insert " except that no person shall be entitled to be registered as an elector, or to vote, who is unable to write his own name, and to read and fill up a ballot paper without assistance." Viscount Wolmer — CI. 6, I. 34 : Leave out from " may be " to end of clause. Mr. Courtney — CI. 0, /. 34 : Leave out " man " und insert " jicrson." Major Jones — CL G, I. 35 : Leave out '" to be registered, nor if registered." Sir Richard Temple — CI. 6, /. 38 : Before " councillor," insert " elected." Sir Thomis Lea — CI. 6, I. 36 : After Sub-section f3) insei't :— (4) In no case shall any election to the Legislative Council be held on a Sunday. Mr. Webster — CI. 6, /. 37 ; Leave ou^ Sub-section (4). Mr. Hartley — CI. 6, /. 37 : Leave out from " shall be " to end of clause and insert " for life." j ( 330 ) Mr. Heneage — CI. 6, 1. 37 : liCavc out " eight "" and insert "' Jlve."' Mr. Thomas Henry Bolton — CI. (), /. 37 : Leave out " eigiit " and insert " ten."' Mr. IJenecujc — CI. 6, /. 37 : Leave out from " eight years " to end of clause. Mr. ThonuiJi Henry Bolton — CI. (), /. 39 : Leave out "' fourth "' and insert " lifth."' Viscount Wolmer — CI. 6 : At end of clause add : — (5) Each councMllor shall at the date of his election, and during his period of membership, be bona fide possessed of property which — (a) If realty, or partly realty and partly personalty, yields tA\o hundred pounds a year or upwards, free of all charges ; or (6) If personalty, yields the same income, or is of the capital value of four thousand pounds or upwards, free of all charges. Mr. Gerald Balfour — CI. 6, I. 40 : At end of clause add : — The members of the Legislative Council shall not receive compensa- tion for their sei vices from any public fund. Sir Richard Temple — CI. 6, I. 40 . After Sub-section (4) add :— (5) The offices of the peerage members shall be filled as follows : (2) Each of the Irish Peers who on the appointed day is one of the twenty- eight representative Irish Peers shall, on giving his Mritten assent to the- Lord Lieutenant, become a peerage member ; and if any such Peer vacates his office by death or resignation, the vacancy shall be tilled by the election to that office by the Irish Peers of one of their number iu the manner heretofore in use respecting the election of Irish representative Peers. (6) A peerage member shall be entitled to hold office during his life. 7. (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 5 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 10 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. Mr. Kimber — CI. 1, I. \ : At beginning insert : — (1) The Irish Legislative Assembly sha,ll not be summoned until the distribution of the members among the constituencies of Ireland has been altered, and the existing disparities therein adjusted. Mr. Little — CI. 1, I. \ : Leave out from " shall " to end of clause and insert " be returned by the thirty-seven constituencies described in the Eighth, Ninth and Tenth Schedules to this Act. Each of the fifteen constituencies iu the Eighth Schedule shall return four members, and each of the twenty- one constituencies in the Ninth Schedule shall return three members, and the constituency in the Tenth Schedule shall return two members. The electors shall be the voters on the parliamentary registers for the time being in existence in the said constituencies, and each of the said electors shall only be entitled to vote for one candidate for the Irish Legislative Assembly." 331 ) Mr. Harrington — CI. 1, I. I : Leave out from " o? " to end of siib-section and insert " two hundred -and-six members." Mr. Bur'ley — CI. 7,1 I : Leave out '' one hundred and thrcf "" and hisert " eighty."' Mr. Webster — CI. 7, 7. 2 : Leave out '" tliree " and insert " sixty.' Mr. Hanburif — CI. 1, I. 2 : After " Members '" insert " who shall be subject to the provisions of the Act of the sixth year of Anne, Chapter forty-one, and subsequent Acts amending the same, in respect of the holding of offices under the Crown." Mr. Wehater — CI. 7, /. 2 : Ijcave out from " Members " to end of clause. Viscount Wolmer — CI. 7,1. 2 : Leave out from " Members " to " elected " in Line 4. Mr. Heneage — CI. 7, /. 2 . Leave oitt from " returned " to end of Sub-section (1) and insert '" by constituencies to be hereafter constituted by an equit- tible redistribution of seats, having due regard to population, area and taxation." Mr. Pa rker Smith — CI. 7, I. 2 : Leave out from " the " to " and '" in Line 3, and insert " constituencies mentioned in the First Schedule of this Act, such constituencies being as near as may be proportional in population to the number of members returned by them." Mr . Seton-Karr — CI. 7, /. 2 : Leave out " existing parliamentary.'" Mr. Bartley — CT^ 7. I. 2 : Leave out from " existing "' to end of Sub-section, and insert " constituencies mentioned in the Second Schedule." Mr. Seton-Karr — ^ CI. 7, I. 3 : Leave out " or the existing divisions thereof " and insei-t " named in the First Schedule hereto." Visco n n t Warmer — CI. 7, ?. 4 : Leave fiut " those " and insert " the." Mr. Hanhnry — CI. 7, I. 5: After "divisions" insert "and who shall take the oath of allegian(;e or aflfirm the same in such manner as is used in the Imperial Parliament." Mr. Pa rker Smith — CI. 7, i 5 : -A.t end insert " The constituencies shall be so divided as each to return three or five members, and no elector shall be entitled to vote for more than one candidate, but may transfer his vote accordmg to the rules in the schedule." Mr. Walter M'Laren — ^" CI. 7, I. 5 : At end add " and by such Momen who possess the same qualifications which entitle men to vote." Mr. Kimber — CI. 7, /. 5 : At end add : — Noexistintc elector shall be entitled to vote, and in future no person shall be entitled to be registered as an elector or to vote who is unable to write his own name and to read and fdl up a ballot paper without assistance. Marques s of Carmarthen — CI. 7, I. ;'> : After Sub-section (1) insert : — (2) Every member of the Legislative Assemble shall be either a natural-born subject of the Queen ov a subject of the Queen naturalised by Act of Parliament. ( 332 ) Mr. Harrington — CI. 1,1. o : Aftor Sub-section (1) insert the following sub-sections : — (2) Each of thf constituencies named in the Second Schedule to this Act shall return the number of members named opposite thereto in that Schedule ; (3) The members of the House of Commons of Ireland shall be elected by such persons as are entitled at the time of the passing of this Act to be registered and to vote as parliamentary electors : Provided that a man shall not be entitled to be registered, nor if registered to vote, at an election of a membci in more than one constituency in the same year. Sir Thomas Lea — CI. 1, I. o: After Sub-section (1) insert ; — (2) In no case shall any election to the Iiish Legislative Assembly be held on a Sunday. Viscount Wolmer — CI. 1,1. 1 : Leave out " five " and insert " seven." Mr. Wehster — CI. 1, I. 9 . Leave out Sub-section (3) and inseit : — After the jii'.ssing of this Bill boundary commissioners shall be appointed to redistribute the electoral districts in Ireland in equitable proportion to the pojiulation of the country and the number of districts to be represented either in lmi>erial Parliament, the Legislative Council, or the Legislative Assembly. Such redistribution of «eats to I'emain undisturbed until the fii'st census is taken after IS99. Mr. Robert Wallace — ' CI. 1, I. 9 : Leive out " -ifter six years from the passing of this Act." Mr. BartJet/ — CI. 7, I. 9 : Leave out " passing of this Act," and insert ' appointed day." Marquess of Carmarthen — CI. 7, /. 10 : Leave out " the qualification of the electors ,).nd." Mr. Gibson Bowles — CI. 1, I. 12 : After " provided " insert " that no such alteration shall be proposed unless previously recommended by a majority of two- thirds of the members of both Houses, and that no'such alteration s'i«-ll be valid unless ratified by a majority of three-fourths of the members of both Houses, and lyrovided also." Mr. Bartley — CI. 1, I. L3 : At end, add " and subject to such changes being confirmed by the Imperial Parliament." Mr. Walter M'Laren — CI. 1, I. 13 : At end, add " and provided that at any time the Irish Legislature may pass an Act enabling \\omen to be registered as elect-ors and to vote at the elections of the Legislative Council and the Legislative Assembly." Mr. Tomlinson — CI. 1, I. 13 : At end, add " but they shall not remove or modify any personal incapacity or disqualification for sitting in either House of the Legislature." Marquess of Carmarthen — CI. 1,1. U: Add :— (4) Every member of the Legislative Council or Assembly shall, before taking seat therein, take before the Lord Lieutenant or some parson authorised by him the oath of allegiance, or make the affirmation of allegiance to the Queen that is prescribed by Act of Parliament for Members of Parliament, and every member of the Legislative Council shall, before taking his seat therein, make and subscribe before the Lord Lieutenant, or some person authorised by him, the declaration of qualification contained in the Seventh Schedule of this Act. Mr. Parker Smith — CI. 1,1. U. At end, add :— After ten years from the passing of this Act thi> Irish Legislature .shall reconsider the distribution of the members among the constituencies, ( 333 ) iind shall, if necessary, make a fresh division into constituencies, so that the distribution of members shall correspond as nearly as may be with the population of the constituencies. Mr. Gerald Balfour — CI. 7, /. 13 : At end, add :— The members of the Legislp.tive Assembly shall not receive compensa- tion for their sei*vices from any public fund. Mr. Gibson Bowles — CI. 7, ?. 13 . At end, insert :— (i^ Provided that no person holding/ any office undei the Ci o^\'n or the Lurd Lieutenant of Ii eland, or being in receipt of any public money from the Exchequer of the United Kingdom, or from the Irish Exchequer, M'hether in the foiin of salary, pay, pension, fees, or allowances of any kind, shall be capable of being a membc" of either House of the Irish Legislature duiing his continuance in such office or in receipt of such public money. (5) pjovided that no member of either House of the Irish Legislature shall, during the time of the continuance of the Council or Assembly for which he was elected, be capable of being appointed to any civil office luider the authority of the Crown, or the Lord Lieutenant of Iieland, which shall have been created, or the emoluments whereof shall have been increased, during such time. (fi) Provided that no per;:on born out of the kingdoms of England, Scotland, or Ireland, or the dominions thereunto belonging (although he be naturalised or made a denizen, except such as are born of English, Scotch, or Irish parents), shall be capable to be of the Privy Council of Ireland, or a member of either House of the Irish Legislature, or to enjoy any office or place of tiust eithei civil or militaiy. 8. If a Bill or any provision of a Bill adopted by the Legislative Assembly is lost by the disagreement of the Legislative Council, lo and after a dissolution, or the period of tico years from such disagreement, such Bill, or a Bill for enacting the said provision, is again adopted by the Legislative \ssembly and fails within three months afterv/ards to be adopted by the Legislative Council, the same shall forthwith be submitted to the members of the two 20 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 question. Viscount Wo^nwr — CI. 8, /. II : Leave out " or any provision of a Bill." 3Ir. Courtnei/^ CI. 8, I. II : After " by " insert " the Legislative Council or. " CI. 8, I. 15: Leave out "Legislative Council" and insert "other branch of the Legislature." Sir Henri/ James — CI. 8. I. 15 : After " council " insert " or if adopted by the Legis- lative Council is lost by the disagreement of the Legislative Assembly. " Captain N aylor-Leyland — CI. 8, I. 16 : Leave out •' and." CI. 8, /. 16 : Leave out " a dissolution, or '" VisMunt Wolrtitr — CI. 8, /. 10 : Leave out " or the pcriotl of two 3"eais from such disagreement." Captain Nai/lor-Leyland — Cf. 8, '. 16 : Leave out " two " and insert " five." Viscount Wohncr and Mr. Bartley — CJ. 8, /. 17 : Leave out "" or a Bill for enacting the said provision." Mr. Courtney — - CI. 8, I. 18 : Leave out ■" Legislative Assembl}- " and insert " branch of the Legislature in which it originated." ( 331 ) Sir Johti Luhhocl: — CI. 8. /. IS : After " Legislative Assembly " insert " by a majority of two-thirds." Mr. Barlley — CI. 8, /. 19 : Leave out " three " and insert " twelve." Mr. Courtney — CI. 8, /. 19 : Leave out " Legislative Council "' and insert '" other branch." Sir Henry James — CI. 8, /. 19 : After " Council " insert " or is again adopted by the Legislative Council, and fails within three months afterwards to be adopted by the Legislative Assembly." Mr. Grant Lawson — CI. 8, I. 20 : After the second " the "" leave out to end of clause and insert " Imperial Parliament." Mr. Bartley^ CI. S, I. 22 : Leave out " or rejected according to the decision of the majority"' and insert. '' onU' provided il bi; carried by a majoritv of at least two-tliirds." Mr. Gerald Balfour — CI. 8, 1. 22 : Leave out all after " adopted " to end of clause and insert " if two-thirds or more of the members present and voting on the question shall support it by their votes ; if otherwise it shall be I'ejected.'" Mr. Hanhury — CI. 8, I. 22 : Leave out all a'ter " decision of " and insert " a majority consisting of two-thirds of the Legislative Council and the Legislative Assembly voting together." Mr. Gihhon Bowles — CI. 8, I. 22 : Leave out all after " decision of " and insert " a majority of three-fourths of the members of both Houses " Marquess of Cannarthen — CI. 8, I. 22 : Leave out the second " the " and insert " a." CI. 8, I. 22 : After the second " of " insert " two-thirds of." 3Ir. Gibson Boivles — CI. 8, I. 23 : After " question " insert : — Provided that a majority of each House of the Irish Legislature shall constitute a quorum to do business but a smaller number mav adjourn from day to day, and may be authorised to compel the attendance of absent members in such manner and under such penalties as each House may provide. 9. (4) Compliance with the provisions of this section shall not be questioned otherwise than in each House in manner provided 15 by the House. (5) 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 20 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 25 accustomed. Major Darwin — CI. 9, 1. 15 : After Sub-section (4) insert the following sub-section : — (5) If a Bill applying to Ireland is being considered by the House of Commons, and if an amendment is proposed and agreed to whereby the Bill ceases to apply to Ireland then, without further orders, the Clerk of the House of Commons shall strike out all entries in the Journal of the ( 335 ) House -vnth regard to all matters concenung that Bill subsequent to its first reading, and it shall be as if the proceedings, the entries of which should thus be struck out, had never taijen place. Mr. Wehster — Ci. 9, ? 15 : After Sub-section (-1) add ;— Provided always that no Iiish Representative Peer or member in the House of Commons for an Irish constituency shall be eligible to have a seat in any Cabinet, or be a member of any Ministry, charged ■\\ith t-xeeutive duties on any matter aft'ecting the internal fdniinistration of Great Brityin. Viscount Cranhorne — • ' CI. 9/. 15: At end, add : — Provided that if the minority upon such motion contain a majority of British Peers or members voting thereupon, it shall be the duty of a Minister of tlie Crown forthwith to present or introduce a Bill deciding the eifect of the provisions of this section upon the point or points at issue, and until such Bill passes into law, no further action upon such point or points shall be taken in either House of Parliament oi- bj^ the Cl■()^^•n. 30. (1) The forces of the Eoyal 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 Sixth 25 Schedule to this Act, be gradually reduced and ultimately cease to exist as mentioned in that Schedule ; 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 gQ either of the said forces to cease to exist, if as representing Her Majesty the Queen he considers it inexpedient. (2) The said two forces shall, while they continue, be subject to the control of the Lord Lieutenant as representing Her Majesty, and the members thereof shall continue to receive the same 35 salaries, gratuities, and pensions, and hold their appointments on the same tenure as heretofore, and those salaries, gratiiities, and pensions, and all the expenditure incidental to either force, shall he paid out of the Exchequer of the United Kingdom. Colonel Howard Vincenl — CI. 80,/. 28: After "Act" insert "any officer or m\n may retire imcipr tlie provisions of the said Scliedule ripon giving six eaier;dar months' notice of, his desire so to do. and no fresh appointments shall be made." Vincount Wolmer — CI. 30, I. 28: Leave out " either^ of these foices " and insert "the Dublin Metropolitan Police." Mr. Parker Smith — CI. 30, I. 29 : Leave_^'out "^^until the expiiation of six years from the appointed day." Mr Wyndhatn — Cl. 30. /. 31: After "exist" inscit in any county, municipal borough or other larger aren." Mr. Porl-er Smi.h — Cl. 30, /. 31 : After " forces "" insert " to.be reduced oi-.'" Mr. Brodriclc — CL 30, at ohce taktn tcjgcther shall at no tinif ex'^ccd the existing est .blishment of those foiees. Viscount W jlmcr — Cl. 30, I. 33 : Leave out " said tMO forces shall while they continue " and insert " Royal Irish Constabu'^n-y, and the Dublin iMctropolitaiE I-'olice while it continues, shall." ( 33G ) Mr. V/i/iidhaiv — CI. 30, I. 33 : Loavc out " \\ hile " and insert '" where." Mr. Arnold-Forster — CI. 30, 1. 39 : At end add — ^3) On or before- a day to be appointed by Her ]\Iaiesty in Council, and not later than one month before the appointed day, the \\ hole of the arms arid ammunition in the jjossession or under the control of the Royal Irish Constabulary shall be handed over to the ofheer commanding Her Majesty's forces in the district in which sucli arms and ammunition may be upon the said day ; and such arms and ammunition shall be retained by the oflficei commanding Her Majesty's forces in the district, and shall be handed over by him to the War Department : and such arms and ammunition shall be the property of the War Department. (3) When any existing member of either force retires under the provisions of the Sixth Schedule to this Act, the Treasury may award to him a gratuity or pension in accordance with that Schedule. 5 (4) Those gratuities and pensions and all existing pensions payable in respect of service in either force, shall he paid by the Treasury to the payees out of the Exchequer of the United Kingdom. (5) Two-thirds of the net amount payable in pursuance of this section out of the Exchequer of the United Kingdom shall he repaid 10 to that Exchequer from the Irish Exchequer. Colonel Howard Vincent — CI. 30, I. 2 : Leave out " may " and insert " shall." CI. 30, I. 7 : After '" Kingdom " insert " in any part of the British Empire or any place where a consular representative of Her Majesty resides.'' Viscount Wolmer — CI. 30, I. 8: Leave out "two-thirds of the net amount payable'* and insert " all sums paid." 31. Save as may be otherwise provided by Irish Act,- — (a) The existing law relating to the Exchequer and Consolidated Fund of the United Kingdom shall apply with the necessary 15 modifications to the Exchequer and Consolidated Fund of Ireland, and an officer shall be appointed by the Lord Lieu- tenant to be the Irish Comptroller and Auditor General ; and (b) The accounts of the Irish Consolidated Fund shall be audited as appropriation accounts in manner provided by the Exchequer 20 aiid Audit Departments Act, 1866, by or under the direction of such officer. Mr. Henry Hobhouse — CI. 31, /. 12 : Leave out " Iiish Act " and insert " this or any other Act of Parliament." Mr. Courtney — ■ CTSI, I. 21 : At end add :— (c) Such officer shall not be removed from his office except in pur- suance of an address from the two Houses of the Legislature of Ireland, nor during his continuance in office shall his salary be diminished or right to pension altered without his consent. 32. (1) Subject as in this Act mentioned and particularly to the Seventh Schedule to this Act (which Schedule shall have full efiect) all existing election laws relating to the House of 25 Commons and the members thereof shall so far as applicable, extend to each of the two Houses of the Irish Legislature and the ( 337 ) N members tliereof, but such election laws so far as hereby extended may be altered by Irish Act. (2) The privileges, rights, and immunities to be held and enjoyed by each House and the members thereof shall be such as may be 30 defined by Irish Act. but so that the same shall never exceed those for the time being held and enjoyed by the House of Commons, and the members thereof. Marquess of Carmarthen — CI. 32, /. 27 : Leave out from " thereof " to end of sxib-section. Sir Andrew Scoble — CI. 32, I. 28 : At end add :— Provided nevertheless that, save as in the said schedule mentioned, no person not qualified to be a member of the House of Commons shall be qualified to become a member of either House of the Irish Legislature. Mr, Tomlinson — CI. 32, after I. 28 :' Insert the folio ^nng sub-sections : — (2) No person shall be qualified to be a member of the Legislative Council or Legislative Assembly if he (1) Be a member of the other House of Legislature ; or (2) Be a Judge of the Supreme Court ; or (3) Be not a British subject ; or (4) Be a clergyman or minister of religion ; or (5) Be an undischarged bankrupt or a debtor whose affairs are in course of liquidation or arrangement ; or (6) Has been in any part of Her Majesty's dominions attained or convicted of treason or felony. (3) Any person who shall directly or indirectly by himseK or by any person A\homsoever in trust for him or for his use or benefit, or on his account undertake, execute, hold or enjoy in the whole or in part any contract, agreement or commission made or entered into with, under, or from any person whomsoever for or on account of the Government of Ireland — Or shall knowingly furnish or provide in pursuance of any such contract, agreement or commission any money to be remitted abroad or anj' goods whatsoever to be used or employed in the service of the public ; and any member of any comjianj' and any person holding any office or position in any company formed for the constniction of any railway or other public work, the payment for which or the interest on the cost of which has been promised or guaranteed by the Government of Ireland — shall be incapable of being a member of the Legislative Council or Legis- lative Assembly during the time he shall execute, hold or enjoy any such contract, agreement, or commission, or office, or position, or any part or sliare thereof, or any benefit or emolument arising from the same. (4) If any person, being a member of the Legislative Council or Legislative Assembly, shall directly or indirectly himself or by any person whomsoever in trust for him or for his use or benefit or on his account enter into, accept, or agree for, undertake, or execute in the whole or in part any such contra.ct, agreement, or commission as aforesaid, or if any person being a member of the said Council or Assembly, and having part or share of any such contract, agreement or commission, by himself or by anj' other person whomsoever in trust for him or for his use or benefit or iipon his account, shall, after the commencement of the next session of the Legislature, continue to hold, execute, or enjoy the same or any pai't thereof, the seat of every such member shall be void : Provided that nothing in this or the last preceding section shall extend to persons contributing towards any loan for the public purposes heretofore or here- after raised by the authority of the Irish Government or to the holders of any bonds issued for the purpose of any such loan. (5) The foregoing provisions shall not extend to any contract, agree- ment or commission made, entered into, or accepted by any incorporated company where such companj' consists of more than twenty persons, and where such contract, agreement or commission is made, entered into, or accepted for the general benefit of such company. (6) The foregoing provisions shall not extend to any person on whom after the commencement of this Act the completion of any contract, agreement or commission shall devolve by descent, or limitation, or by marriage, or as devisee or legatee until twelve months after he shall have { 338 ) been in possession of the same, or to any executor or administrator until three years after he shall have been in possession of the same. (7) If any member of the Legislative Council or Legislative Assembly after his nomination or election — (1) Ceases to be qualified or becomes disqualified as aforesaid ; or (2) Becomes of unsound mind ; or (3) Talvcs any oath or makes any declaration or acknowledgment of allegiance, obedience, or adherence to any foreign prince or Power, or docs or concurs in or adopts anj' act whereby he may become a subject or citizen of any foreign State or Power, or whereby ho may become entitled to the rights, privileges or immunities of a subject or citizen of any foreign State or Power ; or (4) Accepts any pension during pleasure or for term of years, or any office or profit from the Crown other than that of an officer oi Her Majesty's sea or land forces on full, half or retired pay ; his seat shall thereupon become vacant. Provided that members accepting offices liable to be vacated on political grounds shall be eligible for re-election or, while the Council remains nominated, for re-appoint- ment. Mr. B rodrick— CI. 32, /. 28 : After " Act " insert :— Provided that no person shall be disqualified from being elected for a constituency as a member of the Irish Legislative Council or the Irish Legislative Assembly by reason of his having a seat in the House of Lords, or of his having been elected to be an Irish representative Peer. Mr. Courtney — CI. 32, 1. 31 : Leave out " but so that the same shall never exceed " and insert " and until so defined and except so far as they may be thereby varied shall be." 33. (1) The Irish Legislature may repeal or alter any provision '35 oi this Act which is by this Act expressly made alterable bv that Legislature, and also any enactments in force in Ireland, except such as either relate to matters beyond the powers of the Irish Legislature, or being enacted by Parliament after the passing of this Act may be expressly extended to Ireland. An Irish Act, 40 notwithstanding it is in any respect repugnant to any enactment excepted as aforesaid, shall, though read subject to that enactment, be, except to the extent of that repugnancy, valid. Mr. Thomas Henry Bolton — CI. 33, I. 34 : Leave out from " any " to " enactments " in line 36. Major Darwin — CI. 33, I. 38 : After " Legislature " insert " (ir^cluding such as relate to the training of persons to the use of arms or to the practice of military exercise, movements or evolutions)." Mr. TJwmas Henry Bolton — CI. 33, I. 38 : After " Parliament"' insert " by this Act or." Mr. Tomlinson — CI. 33, I. 39 : Leave out " may be expressly extended " and insert " extend." Sir Andrew Scoble — CI. 33, /. 39 : Leave out " be expressly extended " and insert " relate." Mr. Hanbury — CI. 33, /. 39 : Leave out " expressly extended " and insert " made applicable." Mr. Tomlinson — CI. 33, /. 39 : After " Ireland " insert " or any part thereof." Sir Henry James — CI. 33, I. 39 : After " Ireland " insert : — Provided that no law passed by the Irish Legislature repealing or altering any enactment in force in Ireland before and on the appointed ( 339 ) N 2 day shall come into operation or be of any force or effect until the expiration of forty days after the same shall have been presented to both Houses of Parliament. Mr. Tomlinson — CI. 33, I. 39 : Leave out from " Ireland " to end of Sub- section (1). (2) An order, rule,^or regulation, made in pursuance of, or having the force of, an^Act oi Parliament, shall be deemed to be an enactment within the meaning of this section. (3) Nothing in this Act shall affect Bills relating to the divorce or marriage of individuals, and any such Bill shall be introduced and proceed in Parliament in Hke manner as if this Act had not passed. Viscount Wolmer — C'l. 33, I. 4 : Leave out Sub-section (3) and insert : — (3) It shall be unlawful for the Irish Legislature to grant protection or indemnity to any person in respect of anything done or omitted to be done contrary to the provisions of or beyond the powers given by this Act or by virtue of powers purporting to be conferred by any Act of the Irish Legislature passed contrary to the provisions of this Act. Mr. Courtney — CI. 33, /. 4 :'j-Leave out " Nothing in this Act shall eSect " and insert "Until the Irish Legislature shall otherwise by Act provide." Mr. Tomlinson — CI. 33, I. 5 : Leave out from " individuals " to end of clause. Mr. Courtney — CI. 33, 1. 5 : Leave out " and any such Bill." 34. The local authority for any county or borough or other area shall not borrow money without either — (a) Special authority from the Irish Legislature, or 10 (b) The sanction of the proper department of the Irish Govern- ment ; and shall not, without such special authority, borrow ; (i) In the case of a municipal borough or town or area less than a county, any loan which together with the then outstanding 15 debt of the local authority, will exceed twice the annual rateable value of the property in the municipal borough, town, or area ; or (ii) In the case of a county or larger area, any loan which together with the then outstanding debt of the local authority, will 20 exceed one-tenth of the annual rateable value of the property in the county or area ; or (iii) In any case a loan exceeding one-half of the above limits without a local inquiry held in the county, borough, or area by a person appointed for the purpose by the said department, 25 Mr. Seton-Karr — CI. 34, I. 11 : Leave out Sub-section (b). Mr. Courtney — ' CI. 34, I. 13 r After " authority " insert " from the Irish Legis- lature." Mr. Bartley — cTsi, after I. 25 : Add :— (iv) This clause shall not be amended without the consent of the Parliament of the United Kingdom. ( 3iO ) Transilorij Provisions. 35. (1) During three years from the passing of this Act and if Parhanient is then sitting until the end of that session of Parhament, the Irish Legislature shall not pass an Act respecting 30 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 undertakings. 35 (2) During six years from the passing of this Act, the apponitment of a judge of the supreme Court or other superior court m Ireland (other than one of the Exchequer judges) shall be made in puisuance of a ^warrant from Her Majestv countersigned as heretofore, Mr. Ambrose — CI. 35, I. 26 : Leave out " transitory provisions." Marquess of Carmar then — CI. 35, /. 27: Leave ont Sub-section (1). Mr. Bartley — CI. 35, /. 27 : Leave out froni^_the beginning to "' the "' in line 29. Mr. Atherley-Jones — CT. 35, I. 27 : Leave out from " During " to " the " in line 29 and insert " the Session of Parliament ^\-ithin which the appointed day may fall provided Parliament be/tlien in Session."' Marquess of CarmaHher — CI. 35, I. 27 : Leave out " three " and insert " ten." Sir Henry James — CI. 35, I. 28: After "Parliament" insert "and until ^Parliament shall have fixed and daclared the terms and conditions upon which the Irish Legislature may legislate." Mr. Thomas Henry Bolton — CI. 35, /. 29 : Leave out " an " and insert " any." Mr. Plunkpt. CI. 35, I. 30 : After " tenant " insert " whether imder existing Statute law or by contract ; or the remedies for or procedure relating to the recovery of rent ; or the procedure relating to the recovery of "the possession of land or respecting the title to land." Mr. Tomlinson — CI. 35, ^ 31 : After "generally" insert "and no Act of the Lish Legislature dealing with such objects shall be valid imless and until it has been laid on the table of both Houses of Parliament, and within one month after being so laid, a resolution disapproving of such Act shall not have been passed by either House of Parliament. In case such a resolution is passed such Act shall be void to all intents and purposes." Mr. Arnold-Forster — CI. 35, I. 31 : After " generally " insert " and at the expiration of such prescribed period the Irish Legislature shall not pass any Act respecting the relations of landlord and tenant, or the sale, purchase, or letting of land generally, save and except upon such terms and under such conditions as shall have been, or may from time to time be, approved by tne Impeiial Parliament ; and shall exercise no powers in respect of the above matters save and except such powers as shall have been, or may from time to time be, delegated to it by the Imperial Parliament." Mr. Hanhury — CI. 35, I. 31 : Leave out from " generally " to end of Sub-section. ( 341 ) Mr. Sexton — CI. 35, I. 31 I'^At end;add :— Providedjthat during the said; term the representation of Irish con- stituencies, except DubUn University, in the House of Commons shall remain unchanged. Colonel Nolan — CI. 35, I. 33 I'^jAfter " improvements " insert " labourers" or artisans' cottages with or without plots attached." Mr. Tomlinson — CI. 35, I. 34 rJAfter " undertakings " insert : — Provided that the Lands Clauses Consolidation Acts are incoi'jDorated therewith. Mr. Robert Wallace — CI. 35, I. 35 : Leave out Sub-section (2). Mr. Seton-Karr — CI. 35, 1. 35 :, Leave out "During six years from the passing of this Act." 6^e-ri,; CI. 35, I. 36 : Leave out " a judge " and insert " the judges." ■ CI. 35, I. 36 : Leave out " superior." CI. 35, Z.'37 : Leave out " other than one of the Exchequer judges." 36. (1) Subject to the provisions of this Act Her Majesty the Queen in Council may make or direct such arrangements as seem necessary or proper for setting in motion the Irish Legislature and Government and for otherwise bringing this Act into operation. (2) The Irish Legislature shall be summoned to meet on the 5- first Tuesday in Septetnher, one thousand eight hundred and ninety - four, and the first election of members of the two Houses of the Irish Legislature shall be held at such time before that day, as may be fixed by Her Majesty in Council. (3) Upon the first meeting of the Irish Legislature the members 10 of the House of Commons then sitting for Irish constituencies, including the members for Dublin University, shall vacate their seats, and writs shall, as soon as conveniently may be, be issued by the Lord Chancellor of Ireland for the purpose of holding an election of members to serve in Parliament for the constituencies 15 named in the Second Schedule of this Act. (4) The existing Chief Baron of the Exchequer, and the senior of the existing puisne judges of the Exchequer Division of the Supreme Court, or if they or| either of them are or is dead or unable or unwilling to act, such other of the judges of the Supreme Court 20' as Her Majesty may appoint, shall be the first Exchequer judges. Mr. Parker Smith — CI. 36, I. 6 : Leave out " one " and insert " two." Viscount Wohner — CI. 36, I. 10 : Leave out " LTpon the first meeting of the Irish Legislature " and insert," Immediately upon the passing of this Act." Mr. Courtney — CI. 36, 1. 13 : Leave out from " seats " to end of Sub-section (3). Mr. Seton-Karr — CI. 36, I. 16 : Leave out " second " and insert " first." Mr. Gibson Bowles — CI. 36, I. 16 : After " this Act " insert — (4) Such of the seats in the House of Commons vacated by the last precedingjsub-section of this Act as arc not provided for by Clause 9, Sub-section (1), shall be allocated to Great Britain in such manner as Parliament may determine. ( 342 ) Mr, Stuart- Wortley — ' ^ " CI. 36, I. 39 : After " adaptation " insert : — "^ (6) In any Order in Council made in pursuance of this section, and in any Irish Act whereby any powers now vested in Her Majesty in Council, a Secretary of State, the Treasury, the Chief Secretary to the Lord Lieutenant, the Postmaster-General, the Board of Inland Revenue, or other public department or officer, may be transferred to the Lord Lieutenant in Council or any department or officer of the Executive Government in Ireland, provision shall be contained for restraining such exercise of those powers as would have the effect, direct or indirect, of imposing any differential disability or conferring anj' privilege, advantage or benefit on account of religious belief or of diverting the propertv of any religious body, abrogating or prejudicially affecting the right to establish or maintain any place of denominational education or any denominational institution or charitj' ; and in the absence of such provision such Order in Council or Irish Act shall be wholly void. (7) All Order in Council under this section may make an adaptation or provide for a transfer either unconditionally or 5 subject to such exceptions, conditions, and restrictions as may seem expedient. (8) The draft of every Order in Council under this section shall be laid before both Houses of Parliament for not less than two months before it is made, and such Order when made shall, subject 10 as respects Ireland to the provisions of an Irish Act, have full efiect, but shall not interfere with the continued apphcation to any place, authority, person, or thing, not in Ireland, of the enactment to which the Order relates. Mr. Gibson Bowles — CI. 3(j, I. 9 : Leave out " when made " and insert " after it has lain two months before both Houses of Parliament (unless within such two months a resolution has been adopted by one or the other of the said Houses disapproving of such Order or any part thereof)." The expression "pension"' includes superannuation allowance, Mr. Gibson Bolder — CI. 39, /. 26 : After " allowance " insert " The expression ' Council ' means the Privy Council as established by the laws and customs of this realm." New Financial Clauses. The Financial Clauses of the Home Rule Bill as introduced were Avithdrawn without discussion, and the following new clauses were moved : — (1) Until the transfer hereinafter mentioned the existing^ taxes in Ireland shall be imposed by Act of Parliament, and all matters relating to those taxes or to the hereditary revenues of the C^ov^'n in Ireland, or to the collection or management thereof, shall 5 be regulated by Act of Parliament. (2) For the purposes of this Act the public revenue of Ireland shall be divided into general revenue and special revenue, and the general revenue shall consist of — (a) The gross revenue collected in Ireland from the said taxes ; 10 \h) The portion due to Ireland of the hereditary revenues of the Crown which are managed by the Commissioners of Woods ; and (c) An annual sum for the customs and excise duties (if any) collected in Great Britain on articles consumed in Ireland ; 15 Provided that an annual sum for the Customs and excise duties. ( 343 ) (if any) collected in Ireland on articles consumed in Great Britain shall be deducted from the revenue collected in Ireland, and treated as revenue collected in Great Britain. (3) The above-mentioned annual sums shall be determined by the order of a comunittee appointed jointly by the Treasury and 20 the Irish Government, and such order shall be laid before the House of Commons. (4) One-third part of the general revenue of Ireland, and also that portion of any Imperial miscellaneous revenue to which Ireland may claim to be entitled, whether specified in the Third Schedule 25 to this Act or arising hereafter, shall be paid into the Exchequer of the United Kingdom as the contribution of Ireland to Imperial liabilities and expenditure as defined in that schedule. (5) The residue of the general revenue of Ireland shall, without being paid into the Exchequer of the United Kingdom, form part 30 of the special revenue of Ireland. (6) The civil charges of government in Ireland shall, subject as in this Act mentioned, be borne after the appointed day by Ireland and regulated by Irish Act. (7) Where Parliament imposes any taxes expressly for the 35 purpose of war, or of any special expenditure which Parliament declares to be war expenditure, or to be extraordinary expenditure for the defence of the realm, the revenue from those taxes which is collected in Ireland, or on articles consumed in Ireland, shall be paid into the Exchequer of the United Kingdom, and subject to the 40 like deduction as above mentioned in respect of articles consumed in Great Britain, shall be treated as the contribution of Ireland for the said purpose. (8) After six years from the appointed day the imposition of the existing taxes in Ireland other than duties of customs or excise, 45 and the regulation of all matters relating to the existing taxes in Ireland other than the duties of customs, and to the collection and management thereof, shall, save as respects duties on articles consumed in Great Britain, be transferred to the Irish Legislature, and the arrangements made by this Act for the contribution of 50 Ireland to Imperial liabiUties and expenditure shall be revised. [The reference to the lines in this case does not follow the original references.) Sir John Gorst — Line 23 : Leave out " one-third jDart of the general revenue of Ireland" and insert '' such pi'oportion of the general revenue of Ireland as shall with a like proportion of the revenue of Great Britain make up a sum equal to the Imperial expenditure of the United Kingdom." Jfr. Clancy — Line 26 : After " shall " insert " till the Commission of Inquiry hereinafter mentioned shall have reported." •Sir John Gorst — Line 28 : After '' schedule " insert " there shall also be paid into the Exchequer of the United Kingdom out of the general revenue of Ireland any sums directed by this Act to be repaid to that Exchequer from the Irish Exchequer which may from the time being be due and unpaid." Mr. Sexton — Line 28 : At end add : — Provided that if in any year the balance remaining out of the residue of the general revenue of Ireland and miscellaneous public revenue of Ireland connected with the civil charges, after payment of charges existing or created in pursuance of this Act. including all charges for police, is less than live hundred thousand pounds, the difference shall be deducted from the contribution of Ireland to Imperial liabilities and expenditure and paid into the Irish Exchequer as part of the special revenue of Ireland. ( 344 ) Sir John Gorst — Line 29 : After " Ireland " insert '' after any payment made in rei«pect of such repajMuent (if an}') as aforesaid." ■Mr. Harrington — After Sub-section (5) insert the following sub-section : — (6) As soon as possible after the appointed day, a Commission of Inquiry shall be appointed jointly by the Treasury and the Irish tiovern- ment to inquire into and report upon the sum payable as the eontribution of Ireland to Imperial charges as dclincd in the Third Schedule, to this Act, regard being had to the abilitj- of Ireland to bear taxation as con- pared with that of Oreat Britain, and when such Commission shall have so reported to the Treasury and the Irish Government, then the con- tribution of Ireland to the Imperial expenses as aforesaid shall thence- forward be varied accordingly. Mr. Sexton — Line 38 : After " realm " insert '' so much of." Line 39 : After " Ireland " insert "' as will represent the proportion to the total special or extraordinary expenditure which the annual con- tribution of Ireland bears to the annual Imperial charges." Line 43 : After " purpose " insert " and the remainder shall be paid into the Irish Exchequer as part of the special revenue of Ireland." New Clauses. Mr. Gladstone — After Clause 9 insert the follo>\ing clause : — (1) On and after the appointed day there shall be an Irish Exchequer and Consolidated Fund separate from those of the United Kingdom. (2) The Irish Legislature in order to provide for the jaublic service of Ireland may impose atny taxes other than the existing taxes in Ireland, and all matters relating to the taxes so imposed, or to the miscellaneous public revenue of Ireland connected with the civil charges of government in Ireland or to the collection and management of such taxes or revenue, shall be regulated b}' Irish Act, and the proceeds shall form part of the special revenue of Ireland. (3) The special revenue and, save as in this Act mentioned, all the public revenue of Ireland shall be paid into the Irish Exchequer, and all sums paid into the Irish Exchequer shall form a Consolidated Fund and be api^ropriated to the public service of Ii'eland by Irish Act, and shall not be applied for any purpose for which thej- cannot be so appropriated. Yiacount Wolmer — As an amendment to Mr. Gladstone's proposed new clause (as to Irish Consolidated Fund and special revenue), add : '' anjd if any such special or public revenue be expended other^\-ise than as authorised by such Act, or be expended in contravention of any of the provisions of this Act. the public officer or other person so expending such revenue shall be guilty of a misdemeanour, and the Lord Lieutenant shall by order, without any counter-signature direct a criminal information to be brought against the person so offending before the Exchequer Judges, ^^■ho shall try and determine the same -without a jury, and no ^lolle 2>roseqni shall be entered by anj' authority to any prosecution so ordered." -Mr. Gladstone — After Clause 16 insert the following clause : — (1) So much of any Act as directs payment to the Local Taxation (Ireland) Account of any share of probate, excise or customs duties shall, together with any enactment anu'uding the same, be repealed as from the appointed day without prejudice to the adjustment of balances after that day ; but until other^^'ise provided by Irish Act, the like amounts shall be paid out of the Irish Exchecpier to the Guarantee Fund or Local Taxation (Ireland) Account as would have been paid out of the said duties if this Act had not passed. (2) The like amounts shall continue to be paid out of the aggregate of the said duties to the Local Taxation Accounts in England and Scotland as would have been paid if this Act had not passed, and any residue of ^Iie said duties which forms part of the revenue of Great Britain shall be paid into the Exchequer of the United Kingdom. (3) Notwithstanding an>-thing in " The Purchase of Land (Ireland) Act, 1891," the advances made by the issue of guaranteed land stock ( 345 ) under that Act shall not, save as in section nine of that Act provided exceed t^venty-five times the shares of each county in the guarantee fund, ■which shall be ascei'tained on the basis of the financial year in which this Act is passed. (4) The general revemxe of Ireland and the sums jDayable thereout shall be paid to and from such account and in such manner as the Treasury direct. (5) Where any sum payable by virtue of this Act to the Exchequer of the United Kingdom is required by law to be forthwith paid to the National Debt Commissioners or to any other person, that sum ma^y lie so paid Avithout being paid into the Exchequer. (6) All sums by this Act made payable from the Exchequer of the United Kingdom shall be charged on and paid out of the Consolidated Fund of the United Kingdom. J/r. Sexton- As an amendment to Mr. Gladstone's proposed new clause (Supple- mental as to Local Taxation Account and other matters). After " Treasury " insert "in communication with the Irish Government." Mr. Gladstone — After Clause 19 insert the followiiag clause : — (1) Until the arrangements for the contribution of Ireland to Imperial liabilities and expenditure are revised as in this Act mentioned, the duties on postage in Ireland shall be imposed, and all matters relating to those duties or to the Post Oifice, shall be regulated by Act of Parliament. (2) If the Irish Post Office revenue is less than the Irish Post OfRce expenditure the deficiency shall be paid to the Exchequer of the United Kingdom out of the Irish Exchequer, but if it is more, the excess shall be paid as part of the expenses attending the execution of the Post Office Acts, and shall form part of the special revenue of Ireland ; the amount of such revenue and expenditure shall be determined by an order of the committee appointed as provided by this Act jointly by the Treasury and the Irish Government in relation to the general revenue of Irelancl, and such order shall be laid before the House of Commons. As amendments to Mr. CTladstone's proposed new clause (as to Irish Post Office revenue and expenditure) : — Mr. Sexton — At end, add : — Provided, however, that the Irish Legislature may pass an Act to provide for the transfer of control of the Irish Post Office. Leave out Sub-section (2). Mr. John Morley — After Clause 38 insert the following clause : — In this Act, unless the context otherwise requires — The expression " existing " means existing at the passing of this Act ; The expression " constituency " means a parliamentary con- stituency or a count}- or borough returning a member or members to serve in either House of the Irish Legislature, as the case requires, and the expression " parliamentary constituency " means any county, borough, or L^niversity returning a monber or members to serve in Parliament ; The expression " parliamentary elector " means a person entitled to be registered as a voter at a parliamentary election. The expression " parliamentary election " means the election of a member to serve in Parliament. The expression '" tax " includes duties and fees, but does not include duties on postage ; The expression '• duties of excise " docs not include licence duties ; The expression " stamps " does not include stamps for collection of fees, or of other sums payable for services rendered ; The exi^ression •' existing taxes in Ireland " moans the duties of customs, excise, and income tax, and the diities raised by existing stamps and licences in Ireland, Avhether the amount of such duties is or is not varied ; The expression " duties on postage " includes all rates and sums chargeable for or in respect of postal packets, money orders, or telegrams, or otherwise under the Post Office Acts or " The Telegraph Act, 1892." or under the Acts relating to Savings Banks ; ( 346 ) Expressions referring to the Post Office and to the revenue and expenditure of the Irish Post Office shall inchide a reference to tek'sraphs, savings banks, and all business transacted ^ under the authority or control of the Post master- General ; The expression •' Irish Act " means a la^v made by the Irish Legislature ; The expression '• election laws " means the laws relating to the election of members to serve in Parliament, other than those relating to the qualification of electors, and includes all the la\\s respecting the registration of electors, the issue and execution of writs, the creation of polling districts, the taking of the poll, the questioning of elections, corrupt and illegal practices, the disqualification of members and the vacatins of seats ; The expression " rateable value " means the annual rateable value under the Irish Valuation Acts ; The expression " salary " includes remuneration, allowances, and emoluments ; The expression " pension " includes superannuation allowance ;. The expression " office " includes employment, and the ex- pression " officer " includes the holder of any employment ; Where by this Act provision is made for anything being done by '■ Her Jlajesty," or by the " Lord Lieutenant as' repre- senting Her Majesty," then, unless the context otherwise requires, the provision shall be construed to refer to Her Majesty acting in Cotmcil or through a Secretarj- of State. 3Ir. Sexton — As an amendment to 3Ir. John Morley's proposed new Clause (Definitions) : At end, add : — Where by this Act provision is made for anything being done by the Lord Lieutenant, then, unless the context otherwise requires, the provision shall be construed to refer to the Lord Lieutenant, acting upon the advice of the Executive Committee of the Irish Privy Council. 31 r. Brodrick — To move the following clause : — On and after the appointed daj^ this Act shall not, except such provisions thereof as are declared to be alterable by the Legislature of Ireland, be altered, except that it shall be lawful for Her Majesty, upon the address ^of both Houses of the Imperial Parliament, to diminish or restrain the'whole or any part of the powers herein granted to the Irish Legislature. 3Ir. Bidd'dph — To move the following clause : — That no flag shall be hoisted upon any Government building f»ave and except the L^nion Jack. Sir George Chesney — After Clause 1 insert the following clause : — On or before the appointed day the regular military forces of the Crown shall all be withdraMu from Ireland, save and except only such garrisons as may be necessary for the defence of maritime forts or posts, and such depots as may be necessary for recruiting purposes. On or betore the appointed day the existing regiments of Irish ^lilitia shall be disbanded. Sir Henry Meiisey-Thomji'^on — After Clause 14 insert the following clause : — Any loan raised by the Irish Government by the issue of stock, or annuities, or otherwise, or any part of such loan, shall at any time after tne expiration of a period not exceeding fourteen years from the date of the raising of the loan be redeemable at the option of the Irish Government by the payment, after six months' public notice of the intention to exercise such option, of the amount actually and bona fide received by the Irish Government in respect of the loan or of a proportionate part of that amount, as the ease maj- be, together with interest up to the date of payment. Mr. Griffith- Bosca wen — Page 3 : Leave out Clause (i, and insert the following clause : — The Irish House of Lords shall consist of sixty Irish Peers, to be chosen from the whole body of Irish Peers in the same manner as the representative Irish Peers in tlie House of Lords ?„re chosen. ( 347 ) -Mr. Kimher— To move the following cla,iise : — Any of Her Majesty's subjects in Ireland or elsewhere who sliP-U feel aggrieved at any act done, or demand made, or proceeding taken ori threatened, in excess of any power or authority conferred by this Act, shall be at liberty to lodge a protest in writing ^nth Her Majesty's Attorney- General in England, stating the grounds upon which he (such subject) contends that such act, demand, or proceeding is so in excess of the powers or authorities conferred by this Act ; and unless the said Attorney-General shall within days certify in writing upon such protest that the grounds alleged are untenable, such protest shall forthwith be laid before both Houses of Parliament, who shall by resolution determine whether or not and how far the powers and authorities intended to be conferred by this Act have been or would be exceeded by such demand or proceeding being persisted in, and if either House so resolve, such act, demand or proceeding sha.ll have no effect. If such protest be made in the course of any legal proceeding, no execution or final process shall issue under any judgment or order therein before the result of such protest is known. Mr. Atherley-Joyies — To move the following clause : — On and after the appointed day, Ireland shall cease to return repre- sentative 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 the House of Commons respectively. Mr. Powell Williams — After Clause 2 insert the following clause : — Nothing in this Act contained shall diminish or otherwise affect the full power and authority of Parliament to make laws and statutes of sufficient force and validity to bind the kingdom and people of Ireland. General Goldsworthij — To move the following clause — Immediately after and within six months of the passing of this Act. any person owning or occupying houses or land in Ireland who has an objection to "living or remaining in Ireland under the altered condition of Govern- ment shall, on making a statutory declaration to that effect, and that he fears that his life would become unbearable, receive the full value of his interest in such house or land on surrendering the same to the officers of the court appointed to settle such claims, and this Act shall not come into o])eration until a.11 such claims have been satisfied. The mode of ascertaining the value shall be settled under the orders of the ])resent Chief Baron of the Exchequer or one of the Puisne Justices of the Exchequer division. Mr. Harry Foster — To move the following clause : — Nothing contained in this Act shall be deemed to repeal in whole or in part any previous Act of the Imperial Parliament, except in so far as any such previous Act, or any part thereof, shall be cited and expressly repealed, altered, varied, or modified by the provisions of this Act. Mr. Bartley — After Clause 4 insert the follo\\ing clause : — Her ^ilajesty the Queen shall have the same prerogatives ^\•ith respect to summoning, proroguing, and dissolving the Legislative Assembly as Her Majesty has with respect to summoning, proroguing and dissolving Parliament. Mr. Kimher — After Clause 4 insert the following clause : — It shall and may be lawful for Parliament, by resolution passed in both Houses, to declare that any Act or resolution of the Irish Legislature is wholly or partially, and to what extent, void. To which resolution the Royal Assent may be given as if it were a Bill passed by both Houses, and if "the Royal Assent be given to such resolution, the same shall have full force and effect, and receive cognisance as one of the Statutes of the LTnited Kingdom, and shall be published therewith. And the said Irish Act or resolution shall either wholly, or to the extent in the said resolution of Parliament stated, bo deemed to be void as if the same had never been passed. ( 348 ) Major Darwin — Aftei" Clause 5 insert the following clauses : — (1) The lieutenants of counties shall be appointed by Her Majesty on the advice of the Secretary of State for War. (2) Any lieutenant of a county shall have power to appoint any person or persons to carry out the provisions of either the Army Act or other Act Anth regard to the movement or billeting of troops, or to the impressment of carriages for military purposes, or to the balloting for the Militia, or for the apprehension of deserters, or of any Act with regard to the training of persons in the use of arms or the practice of military evolutions or exercises, and for such purposes such person or persons shall have all the powers which under the said Acts may be exercised by a justice of the peace or by a constable. No action or proceeding Mhatsoever shall be commenced or prose- cuted against anyone subject to military discipline for having refused to give assistance in Ireland when required either by an\- civil authority or in consequence of any civil disturbance, if such refusal is in accordance with military orders issued, by the advice of the Secretary of State for- War. Mr. Horace Plunkett — After Clause 25 insert the following clause : — Notwithstanding anything in this Act contained, Kingstown Harbour,„ the Port and Harbour of Belfast, and the Port and Harbour of Cork, shall remain under the same control as heretofore, and the Irish Legislature shall not have power to repeal or alter any Act of Parliament dealing therewith. Mr. Balfour — Leave out Clause 9 and insert the following clause : — (1) From and after the appointed day Ireland shall cease 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 Commons respectively. (2) If a Bill is introduced into either House of Parliament to amend this Act, then before further proceedings are taken on such Bill there shall: be summoned to the House of Lords twenty-eight representative Peers, elected in the manner heretofore in use, and there shall be summoned to the House of Commons members to be returned in the same numbers and by the same constituencies in Ireland as are returned at the date of the passing of this Act ; and those Peers and members shall be entitled to sit, deliberate, vote and be members of the two Houses of Parliament . respectively for the purpose of passing, amending or rejecting the said Bill and for no other purpose. (3) 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 Majestj' may seem necessary and ]n-oper ; and any provisions contained in such Order in Council shall have the same effect as if they had been enacted by Parliament. Mr. Bathbone — After Clause 9 insert the following clause : — (1) Members of the House of Commons for Irish constituencies (in this section referred to as the Irish members) shall be summoned to Parliament for the purposes and subject to the conditions hereinafter- mentioned (that is to say) : — (a) In the event of an Address being presented to Her Majesty from each House of the Irish Legislature praying for the passing of a Bill altering either this Act or the law affecting, as regards Ireland, any matter which in pursuance of Section 3 or Section 4 of this Act is withdrawn from the jurisdiction of the Irish Legislature, or praying for the rejection of any such Bill when proposed in Parliament, the Irish members shall be summoned to Parliament for the consideration of the Bill embodying such alteration ; 'h) The Irish Members shall be summoned for the consideration of anv motion or Bill for increasing the duties of customs leviable in Ireland ; (c) If and when the House of Commons so determine, in accord- ance with such conditions and restrictions as the House may think fit to adopt, the Irish Members shall be ( 349) .summoned for tlie consideration of a,ny specific matter mentioned in Section 3 or Section 4 of this Act, affecting tlie whole or anj' part of Her Majesty's dominions ; {d) The Irish Members siiall also be summoned if and when Her Majesty sees fit so to direct, for any purpose for which they might be summoned on an Address from the Irish Legislature, or by action of the House of Commons, or for the consideration of any specific matter affecting Ireland either particularly or as part of Her Majesty's dominions. (2) After the appointed day the Irish Members shall not be entitled to sit, deliberate, or vote in Parliament, except in relation to matters for which they have been summoned in pursuance of this section ; but this Act shall not, except such provisions thereof as are declared to be alterable by the Irish Legislature, be altered otherwise than by Act of Parliament for the passing of which the Irish Members have been summoned. (3) Arrangements shall be made by the House of Commons with respect to the manner and time of summoning the Irish Members to Parlia- ment at a special or adjourned session or otherwise, as may be necessary and convenient for the purposes mentioned in this section, and with respect to their admission to sit, deliberate, and vote in Parliament on the matters for which they are summoned. 3Ir. Horace Plunkett — • After Clause 28 insert the following clause : — If any officer or person, who is at the passing of this Act in receipt of salary, fees, or allowances, payable out of county cess, or out of any city or urban rates, is removed from his office or deprived of his salary, fees or allowances, or any part thereof, for any cause other than misconduct, the Lord Lieutenant shall, on application, award him a pension by way of compensation for loss of office calculated in like manner as is provided in the case of pensions to be awarded under this Act to persons in the per- manent Civil Service in Ireland serving in a capacity which qualifies them for a pension under " The Supei'annuation Act, 1859," but all pensions awarded as aforesaid shall be levied in the same way, and paid out of the same rate or fund, as the salaries of county or urban oflficers are at the present time levied and paid, or in such way, and out of such rate or fund, as the said salaries may at any time hereafter be levied or paid. Mr. Heneaqe — After Clause 8 insert the following clause : — On and after the appointed day, except as hereafter provided by the Act, or until Parliament may otherwise determine, Ireland shall cease 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. Sir Julian Gold.'unid — To move the following clause : — • Any county or borough to which, by the Second Schedule, there is allotted more than one member, shall be divided into districts corres- ponding with the number of members, and as far as is reasonably possible with equal proportions of population, each district returning one member ; and no elector shall vote for more than one district of the same county or borough. Mr. Parker Smith — Before Clause 1 insert the following clause : — Previously to the g^ppointed day there shall be p^ vote by ballot of the parliamentary electors of Great Britain and Ireland upon the question whether this Act shall come into effect, and if that question shall have been decided in the affirmative by a majority of the electors in Great Britain and in Ireland severally, then on the appointed day this Act shall come into effect. After Clause 3 insert the following clause : — The powers of the Irish Legislature shall not extend to the making of nny law — 1. Whereby the writ of habeas covpus maj' be suspended ; 2. Whereby a.ny Bill of attainder, or ex post facto law, may be passed. 3. Whereby any person shall bo made subject for the same offence to be twice put in jeopardy of life or liberty ; 4. Wliercby the freedom of speech or of the Press shall be abridged, or whereby the right of the people peaceably to assemble and ( 350 ) to petition either tiie Imperial Parliament or the Irish Parlia-- ment for a redress of grievances, shall be impaired ; 5. Whereby the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall be violated, or whereby warrants shall issue except upon probable cause supported "by oath or affirmation, and particularly describing the place to be searched and the person or things to be seized ; G. Whereby the privileges and immunities of British citizens are abridged or made inferior to those of Irish citizens ; 7. Whereby the protective duties are imposed or bounties on any industry are granted, or whereby any tax or duty is imposed on goods exported ; 8. Whereby the obligation of contracts shall be impaired ; Any law made in contravention of this section shall be void. After Clause 5 insert the following clause : — If it shall appear to the Lord Lieutenant, on the advice of a Secretary of State, that it is matter of doubt whether a Bill passed by the two Houses of the Irish Legislature is beyond the powers of the Irish Legis- lature, ho may reserve the assent of Her Majesty until such time as the question has been determined by the Judicial Committee of the Privy Council, as hereinafter provided. Leave out Clause 9 and insert the following clause : — The persons named in the Schedule of this Act shall with all practicable despatch draw up and submit to one of Her ^Majesty's principal Secretaries of State a report showing schemes for dividing Ireland into constituencies for electing members to the Legislative Council, the Legis- lative Assembly, and the House of Commons respectively, and such report shall be submitted to Parliament. Provided that in such schemes the number of electors in each constituency shall be as nearly as may be proportional to the number of members returned by the constituency, and provided that in such schemes the existing boundaries of counties and burghs shall, so far as possible, be followed. Mr. The obald— To move the follo^ving clause : — That it shall be lawful for the occupier of any premises (without any exception) to hoist and fly over them the Union'jack, and to hoist and fly the Royal Standard over any building (no matter what) where any member of the Roya,l Family may be at the time. Postponed Clauses. 15 14. (1) There shall be charged on the Irish Consolidated Fund in favour of the Exchequer of the United Kingdom as a first charge on that fund all sums which — (a) are payable to that Exchequer from the Irish Exchequer ; or (6) are required to repay to the Exchequer of the United King- 20 dom sums issued to meet the dividends or sinking fund on guaranteed land stock under the Purchase of Land (Ireland) Act, 1891, or (c) otherwise have been or are required to be paid out of the Exchequer of the United Kingdom in consequence of the 25 non-payment thereof out of the Exchequer of Ireland or otherwise by the Irish Government. (2) If at any time the Controller and Auditor General of the United Kingdom is satisfied that any such charge is due, he shall certify the amount of it, and the Treasury shall send such certifi- 30 cate to the Lord Lieutenant, who shall thereupon by order without any counter-signature, direct the pa}anent of the amount from the Irish Exchequer, to the Exchequer of the United Kingdom, and such order shall be duly obeyed by all persons, and until the amount is wholly paid no other payment shall be made out 35 of the Irish Exchequer for any purpose whatever. (3) There shall be charged on the Irish Consolidated Fund next after the foregoing charge : — {a) All sums, for dividends or sinking fund on guaranteed land stock under the Purchase of Land (Ireland) Act, 1891, ( 351 ) which the Land Purchase Account and the Guarantee Fund 40 under that Act are insufficient to -pay ; (b) All sums due in respect of any debt incurred by the Government of Ireland, whether for interest, management, or sinking fund ; J/r. Henry Hobhotise — CI. 14, I. 22 : At end, insert : — (c) Are required to repay to the Exchequer of the United Kingdom sums voted by Parliament by way of compensation to any person or to any foreign government for loss or damage suffered by reason of any act done, or omitted to be done, by the Irish Government, or by a member or officer of that Government, acting as such, in conti'avention of any of the provisions of tliis or any other Act of Parliament, or. Mr. Cochrane — ■ CI. 14, I. 26 : After " Government " insert " or all sums payable by the Exchequer of the United Kingdom as indemnity to any foreign Power, or to any subject or subjects of such foreign Power, for any wrongful act or any injury done to such foreign Power, or to any subject or subjects of such foreign Power, or to the property of such subject or subjects, for which the Irish Government shall be held responsible." Mr. Gladstone — CI. 14, I. 29 : After " and " insert " the Treasury shall cause the amount so certified to be deducted out of any revenue payable to the Irish Exchequer, and if from any caiise the amount is not so deducted." Mr. Parker Smith — CI. 14, II. 30 and 31 : Leave out " -v^-ithout any counter signature" and insert " countersigned by a Secretary of State." Mr. Bartley — CI. 14, I. 35 : After " whatever " insert " and all payments so made shall be recoverable from the officer or officei's so making them by sum- mary process of law." Mr. Sexton — ■ ' ^TT^U, I. 35 : At end, add :— Provided that before the deduction of such charge or issue of such order, as the case may be, the Treasury or the Lord Lieutenant shall give to the Irish Government at least one month's notice, and in case the Irish Government represent that the charge or part thereof is not due, the question sliall be heard and determined by the Excheqiier Judges, whose decision shall be final. CI. 14, I. 42 : Leave out Sub-section (&). Sir Henry Meysey-Thompson — CI. 14, I. 44 : At end, add :— Provided that there shall not be charged on the Irish Consolidated Fund in respect of the principal of a loan raised by the Irish Government, whether by the creation of stock, or annuities, or other^^^se, any greater amount than the amount actually and honu fide received by the Irish Government in respect of the loan, and any loan charged on the said Fund shall be redeemable in accordance with the provisions of this Act. (c) An annual sum of five iJiousand pounds for the expenses of the household and establishment of the Lord Lieutenant ; {(l) All existing charges on the Consolidated Fund of the United Kingdom in respect of Irish services other than the salary of the Lord Lieutenant ; and 5., Mr. Sexton — CI. 14, I. 5 : After " Lieutenant " insert " the charge for Queen's College, Ireland, and the charge for the Exchequer contribution." 15. (1) All existing charges on the Church property in Ireland, — that is to say, all property accruing under the Irish Church Act, 1869, and transferred to the Irish Land Commission by the Irish !•> Church Amendment Act, 1881 — shall so far as not paid out of the said property be charged on the Irish Consolidated Fund, and any ( 352.) of those cluui^t's guaranteed by the Treasury, if and so far as not paid, shall be jiaid out of the Exchequer of the United Kingdom. 20 (2) Subject to the existing charges thereon, the said Church property shall belong to the Irish Government, and be managed, administered, and disposed of as directed by Irish Act. Mr. Sexton — CI. 15, /. 13 : After " charges " insert " guaranteed by the Trea- sury." Mr. Bartley — CI. 15, /. 17 : Leave out " Irish." CI. 15, I. 17 : After " Fund " insert "of the United Kingdom, and sliall be recoverable from the Iri.sli Exchequer under Section 14, Sub- section (2). Mr. Sexton — CI. 15, /. 17 : Leave out from " and " to " if " in Line 18. Mr. Bnrtley — CI. 15, I. 21: After "Government" insert "of the United King- dom." CI. 15, I. 22 : After " Act " insert " of Parliament." 16. (1) All sums paid or applicable in or towards the discharge of the interest or principal of any local loan advanced before the 25 appointed day on security in Ireland, or otherwise in respect of such loan, which but for this Act would be paid to the National Debt Co2ninissioners, and carried to the Local Loans Fund shall, after the appointed day, be paid, until otherwise provided by Irish Act, to the Irish Exchequer. 30 (2) For the payment to the Local Loans Fund of the principal and interest of such loans, the Irish Government shall after the appointed day pay by half yearly payments an annuity for forty-nine years, at the rate of four per cent, on the principal of the said loans, exclusive of any sums written off before the appointed day from the 3') account of assets of the Local Loans Fund, and such annuity shall be paid from the Irish Exchequer to the Exchequer of the United Kingdom, and when so paid shall be forthwith paid to the National Debt Commissioners for the credit of the Local Loans Fund. 40 (3) After the appointed day, money for loans in Ireland shall cease to be advanced either by the Public Works Loan Commissioners or out of the Local Loans Fund. Mr. Sexton — CI. 1(5, I. 3.3: Leave out "four" and insert "three pounds fifteen shillings." CI. 10, J. 33 : After " loans " insert " after deducting therefrom such sums as, within one yi-a.r after the appointed day, may be declared by an order of the Committee appointed as ])r()vided by this Act jointly by the Treasury and tlic Irish (Jovcrnment to be uncollectable." Mr. Bartley — CI. 16, After Line 39 insert :— Provided that if any half-yearly payment be not made A\ithin three months the Treasury shall act as specified in Section 14, Sub-section (2). Mr. Sexton — CI. 1(5 : After Line 39 insert : — (3) At the end of six years from the appointed day the said Committee shall report to the Treasury and the Irish Government what portion, if any, of the principal of such local loans is uncollectable, and on the a])i)lica- tion of the Irish Government the jirovisions of this section shall be revised by the Imperial Parliament at the time of the revision of the financial ai-rangements between the United Kingdom and Ireland. Mr. Bartley^ CI. 1(5, I. 40 : After " Ireland " insert " and all advances of land purchase under any Act." (• :i->3 ) o London : Printed by M^'Coeqt'odai.e & Co. Ltd. UNIVERSITY OF CALIFORNIA, LOS ANGELES THE UNIVERSITY LIBRARY ar^jjis book is DUE on the last date stamped below Form L-0 25;n-2,'43(3205) UNIVERSITY OF CALIFORNIA ' AT ' LOS ANGELES "i LIBRARY i JN 1413 Campbell - 1912 A guide to the ~^^^ Home ru l e -b41X. L 005 326 992 4 UC SOUTHERN REGIONAL LIBRARY FACILITY AA 00 194311 5 JN 1413 1912 C15