Irish Free State (Consequential Provisions) Act 1922
Encyclopedia
The Irish Free State Act 1922 (Session 2) was an Act of the Parliament of the United Kingdom
passed on 5 December 1922. The Act dealt with a number of matters concerning the Irish Free State
, which was established on the day after the Act became law; it also modified the Government of Ireland Act 1920
in relation to Northern Ireland
.
. The Act also had to make provisions for Northern Ireland which would be appropriate depending on whether (i) Northern Ireland decided to remain part of the new Free State after its establishment or (ii) chose to opt back into the United Kingdom (as was widely anticipated). In regard to Northern Ireland, The Times recalled that there was "no doubt" that Northern Ireland would opt to rejoin the United Kingdom. The Act amended the Government of Ireland Act 1920
in certain respects.
The Act also:
:
There shall be a Great Seal of Northern Ireland which shall be kept by the Governor of Northern Ireland and shall, after the first appointment of such Governor, be used for all matters in Northern Ireland for which the Great Seal of Ireland was theretofore used. Until a Great Seal of Northern Ireland is provided the private seal of the Governor of Northern Ireland may be used as that Great Seal.
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
passed on 5 December 1922. The Act dealt with a number of matters concerning 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 was established on the day after the Act became law; it also modified the Government of Ireland Act 1920
Government of Ireland Act 1920
The Government of Ireland Act 1920 was the Act of the Parliament of the United Kingdom which partitioned Ireland. The Act's long title was "An Act to provide for the better government of Ireland"; it is also known as the Fourth Home Rule Bill or as the Fourth Home Rule Act.The Act was intended...
in relation to Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
.
Purpose
Prime Minister Andrew Bonar Law first introduced the legislation as a Bill in November 1922. The Act's purpose was to deal with a range of consequences arising from the impending creation of the Irish Free StateIrish 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...
. The Act also had to make provisions for Northern Ireland which would be appropriate depending on whether (i) Northern Ireland decided to remain part of the new Free State after its establishment or (ii) chose to opt back into the United Kingdom (as was widely anticipated). In regard to Northern Ireland, The Times recalled that there was "no doubt" that Northern Ireland would opt to rejoin the United Kingdom. The Act amended the Government of Ireland Act 1920
Government of Ireland Act 1920
The Government of Ireland Act 1920 was the Act of the Parliament of the United Kingdom which partitioned Ireland. The Act's long title was "An Act to provide for the better government of Ireland"; it is also known as the Fourth Home Rule Bill or as the Fourth Home Rule Act.The Act was intended...
in certain respects.
Changes
The Act's provisions provided that if Northern Ireland opted out of the Free State:- a Boundary CommissionBoundary Commission (Ireland)The Irish Boundary Commission was a commission which met in 1924–25 to decide on the precise delineation of the border between the Irish Free State and Northern Ireland...
would be established to determine the land frontier between the Free State and the North; - there shall be a Governor of Northern IrelandGovernor of Northern IrelandThe Governor of Northern Ireland was the principal officer and representative in Northern Ireland of the British monarch. The office was established on 9 December 1922 and abolished on 18 July 1973.-Overview:...
, with a salary of £8,000; - a Privy Council of Northern IrelandPrivy Council of Northern IrelandThe Privy Council of Northern Ireland was a formal body of advisors to the sovereign and was a vehicle for the monarch's prerogative powers in Northern Ireland. It was modelled on the Privy Council of the United Kingdom....
would be established, and there would also be a separate Great SealGreat Seal of Northern IrelandThe Great Seal of Northern Ireland is the seal used for Northern Ireland. The great seal is currently under the possession of the Secretary of State for Northern Ireland...
; - if there is to be a Council of IrelandCouncil of IrelandThe Council of Ireland may refer to one of two councils, one established in the 1920s, the other in the 1970s.-Council of Ireland :...
(as contemplated in the Government of Ireland Act 1920) "to bring about harmonious action" between the Parliaments and Governments of the South and North and to provide "for the administration of services which the two Parliaments mutually agree should be administered uniformly throughout the whole of Ireland," it will be necessary for identical Acts to be passed; - that the contribution from Northern Ireland towards Imperial liabilities and expenditure is to remain at £7,920,000, subject to periodical adjustment by a Joint Exchequer Board;
- the High Court of Appeal for Ireland will cease to exist; and
- that Cases which would have been reserved for the High Court of Appeal for Ireland will, in the North, be heard by the Court of Appeal for Northern Ireland.
The Act also:
- abolished the office of the Lord Lieutenant of IrelandLord Lieutenant of IrelandThe Lord Lieutenant of Ireland was the British King's representative and head of the Irish executive during the Lordship of Ireland , the Kingdom of Ireland and the United Kingdom of Great Britain and Ireland...
which had been an all-Ireland office under the Act of 1920 as with the establishment of the Free State, the representative of the King in the Free State was to be styled the Governor-General of the Irish Free State; - abolished the office of Lord Chancellor of IrelandLord Chancellor of IrelandThe office of Lord Chancellor of Ireland was the highest judicial office in Ireland until the establishment of the Irish Free State in 1922. From 1721 to 1801 it was also the highest political office of the Irish Parliament.-13th century:...
; - abolished the Irish Land Commissioners;
- provided for the establishment of a trust, called the Irish Sailors and Soldiers Land Trust, for 'the purpose of providing in Ireland cottages, with or without plots or-gardens, for the accommodation of men who served in the naval, military, or air forces during the war. The trust will have five members, of whom three will be appointed by a Secretary of State, one by the President of the Free State, and one by the Prime Minister of Northern Ireland. However, before these provisions could take effect the two Irish Parliaments had to pass legislation to enable the Trust to acquire and hold land;
- gave the Commissioners of Customs and ExciseHer Majesty's Revenue and CustomsHer Majesty's Revenue and Customs is a non-ministerial department of the UK Government responsible for the collection of taxes and the payment of some forms of state support....
powers, if necessary, to make regulations with reference to the importation and exportation of goods into and from Northern Ireland across the land frontier; - made provision as to relief from double income-tax;
- made provision for the severance of matters such as the system of national health insurance in Great Britain from that in the Irish Free State would, for example, be made by Order in Council; and
- made provision for the pensions of judges.
Great Seal of Northern Ireland
As noted above, the Act was also the instrument that created the Great Seal of Northern IrelandGreat Seal of Northern Ireland
The Great Seal of Northern Ireland is the seal used for Northern Ireland. The great seal is currently under the possession of the Secretary of State for Northern Ireland...
:
There shall be a Great Seal of Northern Ireland which shall be kept by the Governor of Northern Ireland and shall, after the first appointment of such Governor, be used for all matters in Northern Ireland for which the Great Seal of Ireland was theretofore used. Until a Great Seal of Northern Ireland is provided the private seal of the Governor of Northern Ireland may be used as that Great Seal.