Irish Free State

The Irish Free State (Irish: Saorstát Éireann) was (1922–1937) the name of the state comprising the 26 of Ireland's 32 counties which were separated from the United Kingdom of Great Britain and Ireland under the Irish Free State Agreement (or Anglo-Irish Treaty) signed by British and Irish Republic representatives in London on December 6, 1921. The Irish Free State came into being in December 1922, replacing two co-existing but nominally rival states, the de jure Southern Ireland, which had been created by the Government of Ireland Act 1920 and which from January 1922 had been governed by a Provisional Government under Michael Collins and the de facto Irish Republic under the President of Dáil Éireann, Arthur Griffith, which had been created by Dáil Éireann in 1919. (In August 1922, both states in effect merged with the deaths of their leaders; both posts came to be held simultaneously by W.T. Cosgrave.)

"Freedom to achieve freedom"

Governance

Two political Parties governed the Irish Free State between 1922 and 1937.

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• Cumann na nGaedheal under W.T. Cosgrave (1922-32)
• Fianna Fáil under Eamon de Valera (1932-37)

Constitutional evolution

Michael Collins described the Treaty as 'the freedom to achieve freedom'. In practice, the Treaty offered most of the symbols, powers and functions of independence, including a functioning parliamentary democracy, executive, judiciary, a written constitution which could be changed by the Free State, etc. However, in theory, a number of limits existed:

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• The British king remained king in Ireland;
• The British Government had a continued role in Irish governance. Officially the representative of the King, the Governor-General also received instructions from the British Government on his use of the Royal Assent, namely a Bill passed by the Dáil and Seanad could be Granted Assent (signed into law), Withheld (not signed, pending later approval) or Denied (i.e., vetoed). Letters patent to the first Governor-General Tim Healy had named Bills that if passed were to be blocked, namely an attempt to abolish the Oath, etc. In reality no such Bills were ever introduced, so the issue never arose.
• The Irish Free State, like all Dominions, had an inferior status to the United Kingdom, which meant, in theory, it could not have its own citizenship (merely a shared Commonwealth citizenship), could not have direct access to the monarch except through a British minister, and had to use the British state's Great Seal of the Realm on all of its state documents, again symbolising its inferior status to Britain within the Commonwealth.

All this changed in the 1920s. A reform of the King's title, under a Commonwealth Conference decision and given effect by the Royal and Parliamentary Titles Act 1927, changed the King's role in each dominion. No more was he King in Ireland, Australia, New Zealand, etc. Instead he became King of Ireland, Australia, etc. So from that change, embodied in the Royal Titles Act, the British king had no role whatsoever in each dominion. His only role was as each dominion's own king, advised in each dominion's affairs by the dominion, not by Britain. Furthermore, the British government lost any role in either the selection of a governor-general or in advising him. In this manner Britain lost the ability to influence internal dominion legislation.

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The Free State went further. It 'accepted' credentials from international ambassadors to Ireland, something no other dominion up to then had done. It registered the treaty with the League of Nations as an international document, to the fury of Britain who saw it as a mere internal document between a dominion and Britain. Most dramatically of all, the Statute of Westminster, again embodying a decision of a Commonwealth Conference, enabled each dominion to enact any legislation to change any legislation, without any role for the British parliament which may have enacted the original legislation in the past.

Related Topics:
League of Nations - Statute of Westminster

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Ireland symbolically marked these changes in two mould-breaking moves.

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• It sought, and got the King's acceptance, to have an Irish minister, with the complete exclusion of British ministers, formally advising the king as King of Ireland in the exercise of his Irish powers and functions (e.g., the signing of a Treaty between the Irish Free State and the Portuguese Republic in 1931);
• The unprecedented abandonment of the use of the British Great Seal of the Realm and its replacement by the Great Seal of the Irish Free State, which the King awarded to his Irish Kingdom as King of Ireland, again in 1931. (The Irish Seal consisted of a picture of 'King George V of Ireland' enthroned on one side, with the Irish state Harp and the words Saorstát Éireann (Irish for Irish Free State) on the reverse. It is now on display in the Irish National Museum, Collins Barracks in Dublin.)

When Eamon de Valera became President of the Executive Council (prime minister) in 1932 he described Cosgrave's ministers' achievements simply. Having read the files, he told his son, Vivion, "they were magnificent, son." (All that remained was British control of a number of ports in the Irish Free State, called the Treaty Ports. However that was an issue not of constitutional law but technical requirements in the Treaty which could be and were renegotiated in 1938 to Ireland's satisfaction.)

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That freedom allowed de Valera, on becoming President of the Executive Council (February 1932) to go even further. With no British restrictions on his policies, he abolished the Oath of Allegiance (which Cosgrave intended to do had he won the 1932 general election), the Senate, university representation in the Dáil, appeals to the Privy Council. His one major error occurred in 1936 when, in a rush to use the abdication of King Edward VIII, he tried to abolish the crown and governor-general with the Constitution (Amendment No.27 Act), only to be told by senior law officers and others that, as the crown & governor-generalship existed separately from the constitution in a vast number of Acts, Charters, Orders-in-Council, and Letters Patent, they both still existed. He had to rush through a second Bill, The Executive Powers (Consequential Provisions) Act, 1937 to repeal all the elements he had forgotten. He retrospectively dated the second Act's effect back to December 1936.

Related Topics:
Oath of Allegiance - Privy Council - King Edward VIII

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