Third Dáil
Encyclopedia
The Third Dáil, also known as the Provisional Parliament or the Constituent Assembly, was:
  • the "provisional parliament" or "constituent assembly" of 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...

     from 9 August 1922 until 6 December 1922; and
  • the lower house (Dáil Éireann
    Dáil Éireann
    Dáil Éireann is the lower house, but principal chamber, of the Oireachtas , which also includes the President of Ireland and Seanad Éireann . It is directly elected at least once in every five years under the system of proportional representation by means of the single transferable vote...

    ) of the Oireachtas
    Oireachtas
    The Oireachtas , sometimes referred to as Oireachtas Éireann, is the "national parliament" or legislature of Ireland. The Oireachtas consists of:*The President of Ireland*The two Houses of the Oireachtas :**Dáil Éireann...

     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...

     from 6 December 1922 until 9 August 1923.

Formation

Article 17 of the Anglo-Irish Treaty provided that:
Article 17 therefore envisaged by way of "provisional arrangement" the creation of a provisional government. For the purposes of giving effect to Article 17, the Irish Free State (Agreement) Act 1922
Irish Free State (Agreement) Act 1922
The Irish Free State Act 1922 was an Act of the British Parliament passed on 31 March 1922. It gave the force of law to the Anglo-Irish Treaty, which was scheduled to the Act.-Main provisions:...

, an act of the Parliament of the United Kingdom
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...

 provided in Section 1(2) that:
  • 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 (i.e. the Third Dáil). 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. This last-mentioned "House of the Parliament" is what is more commonly referred to as the Third Dáil.

Rival political theories

The Third Dáil was:
  • the Third Dáil, the lineal successor of the First Dáil
    First Dáil
    The First Dáil was Dáil Éireann as it convened from 1919–1921. In 1919 candidates who had been elected in the Westminster elections of 1918 refused to recognise the Parliament of the United Kingdom and instead assembled as a unicameral, revolutionary parliament called "Dáil Éireann"...

     (1919–1921) and the Second Dáil
    Second Dáil
    The Second Dáil was Dáil Éireann as it convened from 16 August 1921 until 8 June 1922. From 1919–1922 Dáil Éireann was the revolutionary parliament of the self-proclaimed Irish Republic. The Second Dáil consisted of members elected in 1921...

     (1921–1922) according to Irish political theory; and
  • the Provisional Parliament, the lineal successor of the House of Commons of Southern Ireland (1921–1922) according to British political theory.


Both theories agree that it was a "constituent assembly
Constituent assembly
A constituent assembly is a body composed for the purpose of drafting or adopting a constitution...

".

Rival political theories existed in Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...

 at the time. Ireland since 1919 had been governed under two rival political theories. To nationalist
Irish nationalism
Irish nationalism manifests itself in political and social movements and in sentiment inspired by a love for Irish culture, language and history, and as a sense of pride in Ireland and in the Irish people...

s and republican
Irish Republicanism
Irish republicanism is an ideology based on the belief that all of Ireland should be an independent republic.In 1801, under the Act of Union, the Kingdom of Great Britain and the Kingdom of Ireland merged to form the United Kingdom of Great Britain and Ireland...

s, an assembly of Irish Members of Parliament
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...

 (who adopted the equivalent Irish language
Irish language
Irish , also known as Irish Gaelic, is a Goidelic language of the Indo-European language family, originating in Ireland and historically spoken by the Irish people. Irish is now spoken as a first language by a minority of Irish people, as well as being a second language of a larger proportion of...

 term Teachta Dála
Teachta Dála
A Teachta Dála , usually abbreviated as TD in English, is a member of Dáil Éireann, the lower house of the Oireachtas . It is the equivalent of terms such as "Member of Parliament" or "deputy" used in other states. The official translation of the term is "Deputy to the Dáil", though a more literal...

or TD) had formed in Dublin in 1919 and was seen as the valid parliament of the Irish People from which the Irish Republic
Irish Republic
The Irish Republic was a revolutionary state that declared its independence from Great Britain in January 1919. It established a legislature , a government , a court system and a police force...

 received its sovereignty. Each Dáil in turn was the successor of the earlier one and the legitimate parliament of the Irish Republic. The Second Dáil was chosen through an election in 1921
Irish elections, 1921
Two elections in Ireland took place in 1921, as a result of the Government of Ireland Act 1920 to establish the House of Commons of Northern Ireland and the House of Commons of Southern Ireland. The election was used by Irish Republicans as the basis of membership of the Second Dáil...

 called by the British administration in Ireland, the elected republican members forming themselves into the Second Dáil rather than 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...

 they were elected to.

However according to British political theory the assembly of Irish MPs in Dublin did not constitute a valid parliament and was subsequently declared illegal. Under British theory, legal government remained vested in His Majesty's Government in Westminster, and its Irish executive, under the Lord Lieutenant of Ireland
Lord Lieutenant of Ireland
The 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...

 based in Dublin Castle
Dublin Castle
Dublin Castle off Dame Street, Dublin, Ireland, was until 1922 the fortified seat of British rule in Ireland, and is now a major Irish government complex. Most of it dates from the 18th century, though a castle has stood on the site since the days of King John, the first Lord of Ireland...

. In 1920 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...

 was enacted, which created in 1921 two Irish parliaments; one for 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...

 in Belfast
Belfast
Belfast is the capital of and largest city in Northern Ireland. By population, it is the 14th biggest city in the United Kingdom and second biggest on the island of Ireland . It is the seat of the devolved government and legislative Northern Ireland Assembly...

 and one for 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...

, which was called to assemble in Royal College of Science
Government Buildings
Government Buildings is a large Edwardian building enclosing a quadrangle on Merrion Street in Dublin, Ireland, in which several key offices of the government of Ireland are located...

 in Dublin. The uncontested elections in Southern Ireland produced the House of Commons of Southern Ireland, though when the new house was called to assemble, only four MPs turned up. The rest assembled as the illegal Second Dáil.

Two governments, two parliaments, one objective

Under the Treaty, procedures were set in place to merge the republican and British systems. Initially both remained separate to validate the Treaty from their own perspectives. So the Second Dáil and the House of Commons of Southern Ireland both voted separately to ratify the Treaty. Each house chose their own distinct but overlapping governments, with a government of the Irish Republic being chosen under President Arthur Griffith
Arthur Griffith
Arthur Griffith was the founder and third leader of Sinn Féin. He served as President of Dáil Éireann from January to August 1922, and was head of the Irish delegation at the negotiations in London that produced the Anglo-Irish Treaty of 1921.-Early life:...

, while a Provisional Government under 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...

 was chosen by the House of Commons of Southern Ireland. In reality both governments effectively worked as a team. Then both governments dissolved both houses and called elections to a body that could be seen, depending on the political theory followed, as the successor of either or both houses.

Election of the Third Dáil/Provisional Parliament

The elections to the Third Dáil took place on 16 June 1922. They occurred under the system of proportional representation
Proportional representation
Proportional representation is a concept in voting systems used to elect an assembly or council. PR means that the number of seats won by a party or group of candidates is proportionate to the number of votes received. For example, under a PR voting system if 30% of voters support a particular...

 by means of the single transferable vote
Single transferable vote
The single transferable vote is a voting system designed to achieve proportional representation through preferential voting. Under STV, an elector's vote is initially allocated to his or her most preferred candidate, and then, after candidates have been either elected or eliminated, any surplus or...

. Unlike the Second Dáil, which was notionally elected by the whole island of Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...

, the Third Dáil would not include members elected from 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...

. Since the election of the Second Dáil in 1921, Sinn Féin
Sinn Féin
Sinn Féin is a left wing, Irish republican political party in Ireland. The name is Irish for "ourselves" or "we ourselves", although it is frequently mistranslated as "ourselves alone". Originating in the Sinn Féin organisation founded in 1905 by Arthur Griffith, it took its current form in 1970...

, the only political party represented in the Dáil, had split into pro and anti-treaty factions and these two factions became the major contestants of the 1922 elections. Despite a pact between the two factions, the elections were therefore effectively a referendum on the Anglo-Irish Treaty. The pro-treaty side won a majority of seats and the anti-treaty faction boycotted the assembly, refusing to recognise the body as the legitimate heir to the Second Dáil
Second Dáil
The Second Dáil was Dáil Éireann as it convened from 16 August 1921 until 8 June 1922. From 1919–1922 Dáil Éireann was the revolutionary parliament of the self-proclaimed Irish Republic. The Second Dáil consisted of members elected in 1921...

, and the Civil War
Irish Civil War
The Irish Civil War was a conflict that accompanied the establishment of the Irish Free State as an entity independent from the United Kingdom within the British Empire....

 broke out shortly afterwards.

Crown assembly or republican Dáil?

Whether the new house, the Third Dáil/Provisional Parliament, was a republican parliament or crown assembly became an issue for some Anti-Treaty Irish republicans. Laurence Ginnell
Laurence Ginnell
Laurence Ginnell was an Irish nationalist politician, lawyer and Member of Parliament of the House of Commons of the United Kingdom of Great Britain and Ireland as member of the Irish Parliamentary Party for Westmeath North at the 1906 UK general election, from 1910 he sat as an Independent...

 turned up in the assembly to demand an answer as to which category, crown or republic, it belonged. Even the Ceann Comhairle
Ceann Comhairle
The Ceann Comhairle is the chairman of Dáil Éireann, the lower house of the Oireachtas of Ireland. The person who holds the position is elected by members of the Dáil from among their number in the first session after each general election...

 (the speaker) and the Lord Lieutenant seemed confused. At one stage the Ceann Comhairle read out a message from the Lord Lieutenant to the assembly, even though, in theory, the assembly, if the lineal successor of the earlier Dála
Dala
Dala may refer to:*Dala , a Canadian acoustic-folk music duo*Dala, Angola*Dala, Bhutan*Dalahäst, traditional Swedish wooden horse statuettes*Dala Fur sheep, a Swedish breed of sheep...

, should not have been accepting a message from the representative of the British king, while the Lord Lieutenant equally should not have been sending a message to the body if it were still the parliament of the Irish Republic.

The ambiguities and constitutional puzzles regarding the two governments previously chosen by the different parent assemblies of the current constituent assembly, was solved when the separate governments themselves were merged through the sudden death of Arthur Griffith and the assassination of Michael Collins within one week of each other. The two chief governmental offices, the President of the Republic
President of the Irish Republic
President of the Republic was the title given to the head of the Irish ministry or Aireacht in August 1921 by an amendment to the Dáil Constitution, which replaced the previous title, Príomh Aire or President of Dáil Éireann...

 and the Chairman of the Provisional Government
Chairman of the Provisional Government of Southern Ireland
The Chairman of the Provisional Government of Southern Ireland was a transitional post established in January 1922, lasting until the creation of the Irish Free State in December 1922 in the Provisional Government of Southern Ireland....

 (who was constitutionally a Minister of the Crown
Minister of the Crown
Minister of the Crown is the formal constitutional term used in the Commonwealth realms to describe a minister to the reigning sovereign. The term indicates that the minister serves at His/Her Majesty's pleasure, and advises the monarch, or viceroy, on how to exercise the Crown prerogatives...

), came to be held by the one man, W. T. Cosgrave, producing a unique constitutional hybrid; a crown-empowered prime minister who was also president of a republic. Amid all the confusion of the status of parliaments and prime ministerial titles, the ambiguous combination of monarchism and republicanism in Cosgrave's office was accepted by both political theories.

Enactment of the Constitution - two systems become one

The Constitution of the Irish Free State
Constitution of the Irish Free State
The Constitution of the Irish Free State was the first constitution of the independent Irish state. It was enacted with the adoption of the Constitution of the Irish Free State Act 1922, of which it formed a part...

 provided, within its own articles, that it would not come into effect until it had been adopted by both the British Parliament
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...

 and the Third Dáil, which it referred to as the "constituent assembly". The Third Dáil adopted the Constitution of the Irish Free State on 25 October 1922. The document was then enacted by the British Parliament and came into force on the 6 December. The new constitution used the name Dáil Éireann for the lower house of a new parliament called the "Oireachtas". However it provided that until the first elections to this new lower house the "constituent assembly" would exercise "all the powers and authorities" conferred on the 'new' Dáil Éireann. The Third Dáil therefore functioned as a legislative lower house from December 1922 until it was dissolved on 9 August 1923 to enable the 1923 general election
Irish general election, 1923
The Irish general election of 1923 was held on 27 August 1923. The newly elected members of the 4th Dáil assembled at Leinster House on 19 September when the new President of the Executive Council and Executive Council of the Irish Free State were appointed. The election was held just after the end...

 to be held.

The Fourth Dáil, the first Dáil Éireann of the Irish Free State, was convened one month later in September. In spite of the nomenclature preferred by nationalists, under British constitutional theory it was this first Free State Dáil that was the first legitimate Irish political institution to bear the name "Dáil Éireann".

See also

  • Members of the 3rd Dáil
    Members of the 3rd Dáil
    This is a list of the members who were elected to the 3rd Dáil Éireann, the lower house of the Oireachtas of the soon to be created Irish Free State. These TDs were elected at the 1922 general election on 16 June 1922. The 3rd Dáil was dissolved by Governor-General Timothy Michael Healy, at the...

  • Dáil Éireann from 1919–22
  • Dáil Éireann in the Irish Free State
    Dáil Éireann (Irish Free State)
    Dáil Éireann served as the directly elected lower house of the Oireachtas of the Irish Free State from 1922 to 1937. The Free State constitution described the role of the house as that of a "Chamber of Deputies". Until 1936 the Free State Oireachtas also included an upper house known as the Seanad...

  • History of Ireland
    History of Ireland
    The first known settlement in Ireland began around 8000 BC, when hunter-gatherers arrived from continental Europe, probably via a land bridge. Few archaeological traces remain of this group, but their descendants and later Neolithic arrivals, particularly from the Iberian Peninsula, were...

  • Irish War of Independence
    Irish War of Independence
    The Irish War of Independence , Anglo-Irish War, Black and Tan War, or Tan War was a guerrilla war mounted by the Irish Republican Army against the British government and its forces in Ireland. It began in January 1919, following the Irish Republic's declaration of independence. Both sides agreed...


External links

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
x
OK