Part 21

Upon this issue the Nationalists made a strong case, and were able to prove that a considerable number of leading commercial men had come to favor fiscal autonomy as part of an Irish settlement. In the present state of public opinion in Ireland it was feared that without customs no scheme the convention recommended would receive a sufficient measure of popular support to secure legislation. To obviate any serious disturbance of the trade of the United Kingdom the Nationalists were prepared to agree to a free-trade arrangement between the two countries. But this did not overcome the difficulties of the Southern Unionists, who on this point agreed with the Ulster Unionists. They were apprehensive that a separate system of customs control, however guarded, might impair the authority of the United Kingdom over its external trade policy. Neither could they consent to any settlement which was, in their judgment, incompatible with Ireland's full participation in a scheme of United Kingdom federation, should that come to pass.

It was clear that by means of mutual concessions agreement between the Nationalists and the Southern Unionists could be reached on all other points. On this important point, however, a section of the Nationalists, who have embodied their views in a separate report, held that no compromise was possible. On the other hand, a majority of the Nationalists and the whole body of Southern Unionists felt that nothing effective could result from their work in the convention unless some understanding was reached upon customs which would render an agreement on a complete scheme attainable. Neither side was willing to surrender the principle; but both sides were willing, in order that a Parliament should be at once established, to postpone a legislative decision upon the ultimate control of customs and excise. At the same time each party has put on record, in separate notes subjoined to the report, its claim respecting the final settlement of this question. A decision having been reached upon the cardinal issue, the majority of the convention carried a series of resolutions which together form a complete scheme of self-government.

Parliament for All Ireland

This scheme provides for the establishment of a Parliament for the whole of Ireland, with an Executive responsible to it, and with full powers over all internal legislation, administration, and direct taxation. Pending a decision of the fiscal question, it is provided that the imposition of duties of customs and excise shall remain with the Imperial Parliament, but that the whole of the proceeds of these taxes shall be paid into the Irish Exchequer. A joint Exchequer Board is to be set up to determine the Irish true revenue, and Ireland is to be represented upon the Board of Customs and Excise of the United Kingdom.

The principle of representation in the Imperial Parliament was insisted upon from the first by the Southern Unionists, and the Nationalists conceded it. It was felt, however, that there were strong reasons for providing that the Irish representatives at Westminster should be elected by the Irish Parliament rather than directly by the constituencies, and this was the arrangement adopted.

It was accepted in principle that there should be an Irish contribution to the cost of imperial services, but owing to lack of data it was not found possible in the convention to fix any definite sum.

It was agreed that the Irish Parliament should consist of two houses--a Senate of sixty-four members and a House of Commons of 200. The principle underlying the composition of the Senate is the representation of interests. This is effected by giving representation to commerce, industry, and labor, the County Councils, the Churches, learned institutions, and the peerage. In constituting the House of Commons the Nationalists offered to guarantee 40 per cent. of its membership to the Unionists. It was agreed that, in the south, adequate representation for Unionists could only be secured by nomination; but, as the Ulster representatives had informed the convention that those for whom they spoke could not accept the principle of nomination, provision was made in the scheme for an extra representation of Ulster by direct election.

The majority of the Labor representatives associated themselves with the Nationalists and Southern Unionists in building up the Constitution, with the provisions of which they found themselves in general agreement. They frankly objected, however, to the principle of nomination and to what they regarded as the inadequate representation of Labor in the upper house. Throughout our proceedings they helped in every way toward the attainment of agreement. Nor did they press their own special claims in such a manner as to make more difficult the work, already difficult enough, of agreeing upon a Constitution.

Knottiest Question in History

I trust I have said enough to enable the reader of this report and the accompanying documents to form an accurate judgment upon the nature and difficulties of the task before the convention and upon its actual achievement. While, technically, it was our function to draft a Constitution for our country, it would be more correct to say that we had to find a way out of the most complex and anomalous political situation to be found in history--I might almost say in fiction. We are living under a system of government which survives only because the act abolishing it cannot, consistently with Ministerial pledges, be put into operation without further legislation no less difficult and controversial than that which it has to amend. While the responsibility for a solution to our problem rests primarily with the Government, the convention found itself in full accord with your insistence that the most hopeful path to a settlement was to be found in Irish agreement. In seeking this--in attempting to find a compromise which Ireland might accept and Parliament pass into law--it has been recognized that the full program of no party could be adopted. The convention was also bound to give due weight to your opinion that to press for a settlement at Westminster, during the war, of the question which, as I have shown, had been a formidable obstacle to agreement would be to imperil the prospect of the early establishment of self-government in Ireland.

Notwithstanding the difficulties with which we were surrounded, a larger measure of agreement has been reached upon the principle and details of Irish self-government than has yet been attained. Is it too much to hope that the scheme embodying this agreement will forthwith be brought to fruition by those to whose call the Irish Convention has now responded? I have the honor to be, Sir, your obedient servant,

HORACE PLUNKETT. April 8, 1918.

THE MAJORITY REPORT

The proposed scheme of Irish self-government referred to in Sir Horace Plunkett's letter is set out below, the majorities by which each section or subsection was carried being indicated in parentheses:

THE IRISH PARLIAMENT. (51 votes to 18.)

(1) The Irish Parliament to consist of the King, an Irish Senate, and an Irish House of Commons.

(2) Notwithstanding the establishment of the Irish Parliament or anything contained in the Government of Ireland act, the supreme power and authority of the Parliament of the United Kingdom shall remain unaffected and undiminished over all persons, matters, and things in Ireland and every part thereof.

POWERS OF THE IRISH PARLIAMENT. The Irish Parliament to have the general power to make laws for the peace, order, and good government of Ireland, subject to the exclusions and restrictions specified in 3 and 4 below. (51 to 19.)

EXCLUSIONS FROM POWER OF IRISH PARLIAMENT. (49 to 16.) The Irish Parliament to have no power to make laws on the following matters:

(1) Crown and succession.

(2) Making of peace and war, (including conduct as neutrals.)

(3) The army and navy.

(4) Treaties and foreign relations, (including extradition.)

(5) Dignities and titles of honor.

(6) Any necessary control of harbors for naval and military purposes, and certain powers as regards lighthouses, buoys, beacons, cables, wireless terminals, to be settled with reference to the requirements of the military and naval forces of his Majesty in various contingencies. (41 to 13.)

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

(8) Copyright or patent rights.

TEMPORARY AND PARTIAL RESERVATION. The Imperial and Irish Governments shall jointly arrange, subject to imperial exigencies, for the unified control of the Irish police and postal services during the war, provided that as soon as possible after the cessation of hostilities the administration of these two services shall become automatically subject to the Irish Parliament. (37 to 21.)

RESTRICTION ON POWER OF IRISH PARLIAMENT ON MATTERS WITHIN ITS COMPETENCE. (46 to 15.)

(1) Prohibition of laws interfering with religious equality. N. B.--A subsection should be framed to annul any existing legal penalty, disadvantage, or disability on account of religious belief. Certain restrictions still remain under the act of 1829.

(2) Special provision protecting the position of Freemasons.

(3) Safeguard for Trinity College and Queen's University similar to Section 42 of act.

(4) Money bills to be founded only on Vice-regal message.

(5) Privileges, qualifications, &c., of members of Irish Parliament to be limited as in act.

(6) Rights of existing Irish officers to be safeguarded.

CONSTITUTIONAL AMENDMENTS. Section 9 (4) of the act of 1914 to apply to the House of Commons with the substitution of "ten years" for "three years." The constitution of the Senate to be subject to alteration after ten years, provided the bill is agreed to by two-thirds of the total number of members of both houses sitting together. (46 to 15.)

EXECUTIVE AUTHORITY. The executive power in Ireland to continue vested in the King, but exercisable through the Lord Lieutenant on the advice of an Irish Executive Committee in the manner set out in act. (45 to 15.)

DISSOLUTION OF IRISH PARLIAMENT. The Irish Parliament to be summoned, prorogued, and dissolved as set out in act. (45 to 15.)

ASSENT TO BILLS. Royal assent to be given or withheld as set out in act with the substitution of "reservation" for "postponement." (45 to 15.)

CONSTITUTION OF THE SENATE. (48 votes to 19.) Lord Chancellor, 1; four Archbishops or Bishops of the Roman Catholic Church, 4; two Archbishops or Bishops of the Church of Ireland, 2; a representative of the General Assembly, 1; the Lord Mayors of Dublin, Belfast, and Cork, 3; peers resident in Ireland, elected by peers resident in Ireland, 15; nominated by Lord Lieutenant--Irish Privy Councilors of at least two years' standing 4, representatives of learned institutions 3, other persons 4; representatives of commerce and industry, 15; representatives of labor, one for each province, 4; representatives of County Councils, two for each province, 8--64.

On the disappearance of any nominated element in the House of Commons an addition shall be made to the numbers of the Senate.

CONSTITUTION OF THE HOUSE OF COMMONS. (45 to 20.)

(1) The ordinary elected members of the House of Commons shall number 160.

(2) The University of Dublin, the University of Belfast, and the National University shall each return two members. The graduates of each university shall form the constituency.

(3) Special representation shall be given to urban and industrial areas by grouping the smaller towns and applying to them a lower electoral quota than that applicable to the rest of the country.

(4) The principle of proportional representation, with the single transferable vote, shall be observed wherever a constituency returns three or more members. (47 to 22.)

(5) The convention accept the principle that 40 per cent. of the membership of the House of Commons shall be guaranteed to Unionists. In pursuance of this, they suggest that, for a period, there shall be summoned to the Irish House of Commons twenty members nominated by the Lord Lieutenant, with a view to the due representation of interests not otherwise adequately represented in the provinces of Leinster, Munster, and Connaught, and that twenty additional members shall be elected by Ulster constituencies, to represent commercial, industrial, and agricultural interests.

(6) The Lord Lieutenant's power of nomination shall be exercised subject to any instructions that may be given by his Majesty the King.

(7) The nominated members shall disappear in whole or in part after fifteen years, and not earlier, notwithstanding anything contained in Clause 5.

(8) The extra representation in Ulster not to cease except on an adverse decision by a three-fourths majority of both houses sitting together. (27 to 20.)

(9) The House of Commons shall continue for five years unless previously dissolved.

(10) Nominated members shall vacate their seats on a dissolution but shall be eligible for renomination. Any vacancy among the nominated members shall be filled by nomination.

MONEY BILLS. (45 to 22.)

(1) Money bills to originate only in the House of Commons, and not to be amended by the Senate. (Act, Section 10.)

(2) The Senate is, however, to have power to bring about a joint sitting over money bills in the same session of Parliament.

(3) The Senate to have power to suggest amendments, which the House of Commons may accept or reject as it pleases.

DISAGREEMENT BETWEEN HOUSES. Disagreements between the two houses to be solved by joint sittings as set out in act, with the proviso that if the Senate fail to pass a money bill such joint sitting shall be held in the same session of Parliament. (45 to 22.)

REPRESENTATION AT WESTMINSTER.

(1) Representation in Parliament of the United Kingdom to continue. Irish representatives to have the right of deliberating and voting on all matters.

(2) Forty-two Irish representatives shall be elected to the Commons House of the Parliament of the United Kingdom in the following manner:

A panel shall be formed in each of the four provinces of Ireland, consisting of the members for that province in the Irish House of Commons, and one other panel shall be formed consisting of members nominated to the Irish House of Commons. The number of representatives to be elected to the Commons House of the Imperial Parliament shall be proportionate to the numbers of each panel and the election shall be on the principle of proportional representation. (42 to 24.)

(3) The Irish representation in the House of Lords shall continue as at present unless and until that chamber be remodeled, when the matter shall be reconsidered by the Imperial and Irish Parliaments. (44 to 22.)

FINANCE. (51 to 18.)

(1) An Irish Exchequer and Consolidated Fund to be established and an Irish Controller and Auditor General to be appointed as set out in act.

(2) If necessary, it should be declared that all taxes at present leviable in Ireland should continue to be levied and collected until the Irish Parliament otherwise decides.

(3) The necessary adjustments of revenue as between Great Britain and Ireland during the transition period should be made.

FINANCIAL POWERS OF THE IRISH PARLIAMENT.

(1) The control of customs and excise by an Irish Parliament is to be postponed for further consideration until after the war, provided that the question of such control shall be considered and decided by the Parliament of the United Kingdom within seven years after the conclusion of peace. For the purpose of deciding in the Parliament of the United Kingdom the question of the future control of Irish customs and excise, a number of Irish representatives proportioned to the population of Ireland shall be called to the Parliament of the United Kingdom. (38 to 34.)

(2) On the creation of an Irish Parliament, and until the question of the ultimate control of the Irish customs and excise services shall have been decided, the Board of Customs and Excise of the United Kingdom shall include a person or persons nominated by the Irish Treasury. (39 to 33.)

(3) A Joint Exchequer Board, consisting of two members nominated by the Imperial Treasury, and two members nominated by the Irish Treasury, with a Chairman appointed by the King, shall be set up to secure the determination of the true income of Ireland. (39 to 33.)

(4) Until the question of the ultimate control of the Irish customs and excise services shall have been decided, the revenue due to Ireland from customs and excise, as determined by the Joint Exchequer Board, shall be paid into the Irish Exchequer. (38 to 30.)

(5) All branches of taxation, other than customs and excise, shall be under the control of the Irish Parliament. (38 to 30.)

IMPERIAL CONTRIBUTION. The principle of such a contribution is approved. (Unanimously.)

LAND PURCHASE. The convention accept the recommendations of the Sub-Committee on Land Purchase. (Unanimously.)

JUDICIAL POWER. (43 to 17.) The following provisions of the Government of Ireland act to be adopted:

(_a_) Safeguarding position of existing Irish Judges.

(_b_) Leaving appointment of future Judges to the Irish Government and their removal to the Crown on address from both houses of Parliament.

(_c_) Transferring appeals from the House of Lords to the Judicial Committee, strengthened by Irish Judges.

(_d_) Extending right of appeal to this court.

(_e_) Provision as to reference of questions of validity to Judicial Committee.

The Lord Chancellor is not to be a political officer.

LORD LIEUTENANT. The Lord Lieutenant is not to be a political officer. He shall hold office for six years, and neither he nor the Lords Justices shall be subject to any religious disqualification. His salary shall be sufficient to throw the post open to men of moderate means. (43 to 17.)

CIVIL SERVICE. (42 to 18.)

(1) There shall be a Civil Service Commission consisting of representatives of Irish universities which shall formulate a scheme of competitive examinations for admission to the public service, including statutory administrative bodies, and no person shall be admitted to such service unless he holds the certificate of the Civil Service Commission.

(2) A scheme of appointments in the public service, with recommendations as to scales of salary for the same, shall be prepared by a commission consisting of an independent Chairman of outstanding position in Irish public life, and two colleagues, one of whom shall represent Unionist interests.

(3) No appointments to positions shall be made before the scheme of this commission has been approved.

DEFERRING TAKING OVER CERTAIN IRISH SERVICES.

Arrangements to be made to permit the Irish Government, if they so desire, to defer taking over the services relating to Old-Age Pensions, National Insurance, Labor Exchanges, Post Office Trustee Savings Banks, and Friendly Societies. (43 to 18.)

The final division on the question of the adoption of the report as a whole was as follows:

FOR (44)

E. H. Andrews M. K. Barry J. Bolger W. Broderick J. Butler J. J. Clancy J. J. Coen D. Condren P. Dempsey Earl of Desart J. Dooly Captain Doran Archbishop of Dublin Lord Mayor of Dublin T. Fallon J. Fitzgibbon Sir W. Goulding M. Governey Earl of Granard Captain Gwynn T. Halligan A. Jameson W. Kavanagh Alderman McCarron M. McDonogh J. McDonnell C. McKay A. R. MacMullen Viscount Midleton J. Murphy J. O'Dowd C. P. O'Neill Lord Oranmore and Browne Dr. O'Sullivan J. B. Powell T. Power Provost of Trinity College Sir S. B. Quin D. Reilly M. Slattery G. F. Stewart R. Waugh H. T. Whitley Sir B. Windle

AGAINST (29)

Duke of Abercorn Sir R. N. Anderson H. B. Armstrong H. T. Barrie Lord Mayor of Belfast Archbishop of Cashel Sir G. Clark Colonel J. J. Clark Lord Mayor of Cork Colonel Sharman-Crawford Bishop of Down and Connor T. Duggan H. Garahan J. Hanna M. E. Knight Marquis of Londonderry J. S. McCance Sir C. McCullagh J. McGarry H. G. MacGeagh J. McHugh Moderator General Assembly W. M. Murphy P. O'H. Peters H. M. Pollock Bishop of Raphoe T. Toal Colonel Wallace Sir W. Whitla

ULSTER UNIONISTS' REPORT

Nineteen Ulster Unionists signed a dissenting report in which they declared that it had soon become evident to them that no real approach to agreement was possible, as the Nationalists put it beyond doubt that what they wanted was "full national independence," or a Parliament possessing co-equal powers with those of the Imperial Parliament. If the Ulster Unionists had anticipated this at the outset, their report explained, they "could not have agreed to enter the convention." Objection was taken to the Nationalist scheme, which aimed at denying the right of the Imperial Parliament to impose military service in Ireland "unless with the consent of the proposed Irish Parliament."

Dr. Mahaffy, Provost of Trinity College, Dublin, and the Archbishop of Armagh, in a separate note, stated that they found it impossible to vote for the majority proposals, since these involved, in their opinion, either the coercion of Ulster, which was unthinkable, or the partition of Ireland, which would be disastrous.

Twenty-two Nationalists, including Joseph Devlin, M. P., the Archbishop of Cashel, the Bishop of Raphoe, the Bishop of Down and Connor, and the Lord Mayors of Dublin and Cork, signed a report favoring a subordinate Irish Parliament with immediate full powers of taxation.

The majority of the Nationalists also signed a note explaining that for the sake of reaching an agreement with the Unionists they did not press their claim for full fiscal autonomy.

The Southern Unionists, who for "high considerations of allied and imperial interests" signed the majority report, also added a note. They insisted that all imperial questions and services, including the levying of customs duties, be left in the hands of the Parliament of the United Kingdom; that Ireland send representatives to Westminster; and that the whole of Ireland participate in any Irish Parliament.

THE FINANCIAL ISSUE

Apart from the main question whether an Irish Parliament with an Executive responsible to it should be established, debate chiefly centred on the question of fiscal autonomy. By January, 1918, it became apparent that on the financial issue there were three clearly defined bodies of opinion:

First--The Ulster Unionists favoring the maintenance of the fiscal unity of the United Kingdom;

Second--A section of Nationalists insisting upon complete fiscal autonomy for Ireland;

Third--The Southern Unionists, supported by other Nationalists, and the majority of the Labor representatives, favoring a compromise which left to Ireland the proceeds of all sources of revenue and the imposition of all taxes other than customs.

It was to overcome these and other differences that Premier Lloyd George invited representatives of the convention to London to confer with the Cabinet. The Premier's letter, dated Feb. 25, 1918, is published in the report. It discloses the fact that some of the Nationalists had been willing to set up an Ulster Committee in the Irish Parliament to veto the application of certain legislation to that province, to make Belfast the headquarters of the Irish Ministry of Commerce, and to let the Irish Parliament meet alternately in Dublin and Belfast.

GOVERNMENT'S ATTITUDE

Dealing with "the difficult question of customs and excise," Lloyd George wrote:

The Government are aware of the serious objections which can be raised against the transfer of these services to an Irish Legislature. It would be practically impossible to make such a disturbance of the fiscal and financial relations of Great Britain and Ireland in the midst of a great war. It might also be incompatible with that federal reorganization of the United Kingdom in favor of which there is a growing body of opinion. On the other hand, the Government recognize the strong claim that can be made that an Irish Legislature should have some control over indirect taxation as the only form of taxation which touches the great majority of the people, and which in the past has represented the greater part of Irish revenue.