The Anglo-Irish Treaty, which resulted in independence for what was initially known as the Irish Free State, was signed 100 years ago today. David Torrance outlines how MPs and peers reacted when asked to approve the treaty at a specially convened parliament later that month.
Despite its significance to the history of the United Kingdom, the Anglo-Irish Treaty – signed a century ago on 6 December 1921 – has had remarkably little attention from historians and constitutional scholars.
Especially neglected has been the UK Parliament’s consideration of that treaty, in marked contrast to considerable analysis of the Dáil debates during December 1921 and January 1922. In accordance with Article 18 of the treaty, its provisions required approval by both the UK Parliament and ‘a meeting’ of those elected to the (devolved) Parliament of Southern Ireland in May 1921.
Parliament was convened on 14 December 1921 for the sole purpose of considering the treaty. King George V said in his speech opening parliament that it was his:
earnest hope that by the Articles of Agreement now submitted to you the strife of centuries may be ended and that Ireland, as a free partner in the Commonwealth of Nations forming the British Empire, will secure the fulfilment of her national ideals.
Both Houses of Parliament were instructed to make a humble address by way of reply to the King’s Speech. This was unusual – Sir Austen Chamberlain later explained that this means of ratification was ‘founded […] on a precedent which had prevailed uninterruptedly up to the year 1890’ – but then the treaty itself was unusual in that it had been agreed between two parts of the UK rather than two (internationally recognised) sovereign states.
As a result of the temporary measures taken by the UK House of Commons, MPs as far away from London as Orkney have been able to contribute to parliamentary proceedings remotely. The same has not been true of Ireland, where legal objections have been raised. David Kenny argues that those objections can be easily overcome and that there is no good reason why Ireland’s elected representatives should not be able to attend the Oireachtas remotely.
The strange circumstances of the pandemic have thrown up yet another constitutional issue, one which is arising around the world: where and how can the legislature sit? With social distancing in a parliamentary chamber or committee room difficult, this has a profound effect on how the legislature can function at a time where the agglomeration of executive power in response to the crisis requires acute parliamentary oversight.
At present, despite emergency legislation giving sweeping powers to the executive to combat COVID-19, neither house of the Irish parliament is meeting in anything other than the most limited form. For limited purposes, such as attempting to nominate a Taoiseach, a very large space such as Dublin’s Convention Centre can be rented to allow socially distant attendance from all 160 members of the Dáil (the equivalent of the UK’s House of Commons). But this is not intended to be a regular arrangement, and is not planned for other parliamentary activities, such as committee meetings. There are limited sittings in the Dáil Chamber, with a select groups of members in attendance, and meetings of a special COVID-19 Committee in the chamber also. It would seem that virtual/remote meetings would be essential to allow sufficient parliamentary oversight in these circumstances. But constitutional objections to this have been raised.Continue reading →
The formation of Ireland’s new government following February’s general election took more than two months. In this post John O’Dowd discusses the reasons for the delay, the role played by the President and the agreement that was eventually reached to allow Enda Kenny to be reappointed as Taoiseach at the head of a minority government.
Partly on account of its possible repercussions for the slow-motion Eurozone crisis and partly because of its sheer length, the formation of the most recent Irish government attracted more international attention than usual, as well as much domestic puzzlement and frustration. The process began with a general election on 26 February 2016 and ended (perhaps) with the nomination of Enda Kenny (leader of the largest party, Fine Gael) for reappointment as Taoiseach (Prime Minister) on 6 May.
A delay of more than two months in forming a government is unprecedented by Irish standards and lengthy enough internationally. The government that has emerged is also somewhat odd. A minority coalition government is not without precedent in Ireland, but it is unusual in a parliamentary system for an administration to consist of parties and groups accounting for less than 40 per cent of the members of the house to which it accounts – Dáil Éireann; of the 157 votes, 59 were for Enda Kenny’s nomination, 49 against and 49 abstained. A further peculiarity is that, as well as the government depending on a formal agreement with the main opposition party, Fianna Fáil, this support is conditional on Fine Gael obtaining sufficient support through a Programme for Government agreed with other parties or groups to enable it to govern on the basis of Fianna Fáil’s abstention. In the event, Fine Gael could not attract any other parties into a coalition, so the current government consists of Fine Gael plus nine independents.