The Irish Free State Act 1922 (12 & 13 Geo. 5 c. 4) was an Act of the British Parliament passed on 31 March 1922. It gave the force of law to the Anglo-Irish Treaty

Anglo-Irish Treaty

The Anglo-Irish Treaty , officially called the Articles of Agreement for a Treaty Between Great Britain and Ireland, was a treaty between the Government of the United Kingdom of Great Britain and Ireland and representatives of the secessionist Irish Republic that concluded the Irish War of...

, which was scheduled to the Act.

Main provisions

Section 1(1) of the Act provides that:

• the "Articles of Agreement for a Treaty between Great Britain and Ireland set forth in the Schedule to this Act shall have the force of law from the date of the passing of this Act”.

Section 1(2) provided that for the purposes of giving effect to Article 17 of the Treaty:

• the British Government could by Orders in Council transfer powers to the Provisional Government of Southern Ireland
  Provisional Government of Southern Ireland
  The provisional Government of Southern Ireland was the provisional government for the administration of Southern Ireland between 16 January 1922 and 6 December 1922. The government was effectively a transitional administration for the period between the ratifying of the Anglo-Irish Treaty and the...
  
  ;
• the Parliament of Southern Ireland
  Parliament of Southern Ireland
  The Parliament of Southern Ireland was a home rule legislature set up by the British Government during the Irish War of Independence under the Fourth Home Rule Bill...
  
   would be dissolved within four months from the passing of the Act; and
• elections would be held for "the House of the Parliament" to which the Provisional Government would be responsible. The Act did not give a name to that Parliament but said that in matters within the jurisdiction of the Provisional Government (i.e. only certain matters concerning Southern Ireland
  Southern Ireland
  Southern Ireland was a short-lived autonomous region of the United Kingdom established on 3 May 1921 and dissolved on 6 December 1922.Southern Ireland was established under the Government of Ireland Act 1920 together with its sister region, Northern Ireland...
  
  ), it would have power to make laws in like manner as the Parliament of the Irish Free State when constituted.

Sections 11 and 12 provided for the right of Northern Ireland to opt out from the new Dominion and rejoin the United Kingdom.

Effect and repeal

Notably, the Act (under Section 1(5) of the Act) was stated explicitly not to be the Act of Parliament for the ratification of the Anglo-Irish Treaty

Anglo-Irish Treaty

The Anglo-Irish Treaty , officially called the Articles of Agreement for a Treaty Between Great Britain and Ireland, was a treaty between the Government of the United Kingdom of Great Britain and Ireland and representatives of the secessionist Irish Republic that concluded the Irish War of...

. That function was to fall to the Irish Free State Constitution Act 1922

Irish Free State Constitution Act 1922

The Irish Free State Constitution Act 1922 was an Act of the Parliament of the United Kingdom, passed in 1922 to confirm the Constitution of the Irish Free State, and to ratify the 1921 Anglo-Irish Treaty....

. Instead, the Act was primarily intended to provide interim provisional arrangements necessary before the establishment of the Irish Free State

Irish Free State

The Irish Free State was the state established as a Dominion on 6 December 1922 under the Anglo-Irish Treaty, signed by the British government and Irish representatives exactly twelve months beforehand...

, which under the Treaty had to be established on or before 6 December 1922.

By Order in Council under the Act, the British Government formally transferred powers to the existing Provisional Government of Southern Ireland

Provisional Government of Southern Ireland

The provisional Government of Southern Ireland was the provisional government for the administration of Southern Ireland between 16 January 1922 and 6 December 1922. The government was effectively a transitional administration for the period between the ratifying of the Anglo-Irish Treaty and the...

 on 1 April 1922. That Government had constituted itself on 14 January 1922 and had since chosen Michael Collins

Michael Collins (Irish leader)

Michael "Mick" Collins was an Irish revolutionary leader, Minister for Finance and Teachta Dála for Cork South in the First Dáil of 1919, Director of Intelligence for the IRA, and member of the Irish delegation during the Anglo-Irish Treaty negotiations. Subsequently, he was both Chairman of the...

 as its Chairman. Their Ministerial appointments now became official and were announced in Iris Oifigiúil

Iris Oifigiúil

Iris Oifigiúil replaced the former Dublin Gazette on 31 January 1922 as the official newspaper of record of the Irish Free State, the state which has since become known as Ireland....

No.19 of 4 April 1922.

The Irish Free State (Agreement) Act 1922 was repealed under Schedule 1, part III of the Statute Law (Repeals) Act 1989.

External links

• Text of the Act (HistoricalDocuments.org.uk)