THE IRISH PROBLEM.

Hokitika Guardian, 17 June 1922, Page 3

THE IRISH PROBLEM.

CABLE NEWS.

Australian and n.z. cable assoc.../ion THE CONSTITUTION. OUTLINE OF PROVISIONS. - LONDON, June 15 Following on the agreement readied at the London Conference, details are published of the Irish Free State Constitution, including the following:— The preamble:—The preamble states: The Constitution shall bo construed with reference to the Articles of the Treaty attached to the Constitution, which is hereby given the force of law. “If any provision in the Constitution, and any amendment thereof, and any law made thereunder, in any respect, shall be repugnant to the schedule, the Treaty shall, to the extent of such repugnancy, be absolutely void, and shall be in operative.” The first four articles define the powers, the terms of citizenship, and the language of the new State (as already cabled). Article Five states: —-“No title or power, in respect to any services rendered in relation to the Irish Free State may be conferred on any citizen in that State, except with the approval and advice of the Executive Council of the Free State. Articles Six and Seven ordain that t.ibel'ty Of, Person shall be inviolable. “The. dwelling of each citizen shall be inviolable, and it shall dot be forcibly entered, except in accordance with the law.” .. . I

Article Eight states: —“Freedom <>l Conscience nncl the free profession and practice of religion are the inviolable rights of every citizen; and no law may be made, either directly or indirectly, to endow any religion, or to prohibit or restrict the free exercise thereof, or to give any preference, or impose any disability, on account of religious "belief, or to affect the right of any child to attend a school re-1 ceiving public money •without attending schools of religious instruction.” Article Nino states:— “The right of. free expression of opinion, right to 1 fiSseinble peaceably without arms, and to forni associations is guaranteed for all purposes Ttot opposed to . public morality. Laws regulating to associations shall not contain any political or any religious class distinctions.' “All citizens shall have the right to free claim upon education.” Article Eleven says:— rights of the State in the natural resources of which the use is -of national importance, shall not lie alienated. 1 heir exploitation by private individuals shall only he permitted under State supervision ”

Articles Twelve to Seventeen (leal with the Free State. Parliament (as already cabled). “All citizens, without distinction of sex, who have reached twehty-one years of age. shall have the right to vote for the members of the Chamber of Deputies, and to take part in the Ret'erendnms or in the Initiative.” “All citizens aged thirty shall have the right to vote for the member's of .the Senate, the voting, being In secret ballot.”

Every citizen of twenty-one ami over shall lie eligible for membership of the Chamber of Deputies, which shall bo known as the Dail Kironnn. Articles Eighteen to Twenty-five, deal with the rights, privileges, and methods of conducting Parliament. They include provision for the payment of members, and one for free travelling facilities to any part of Ireland. The Parliament must hold, at least, one session yearly, the sittings being in public; but. in cases of emergency, tliere may lie a private sitting with the asset of two-thirds of the members. Article Twenty states: —The total number of members of the Chamber shall he not less than one- member to each thirty thousand of the population, of more than one member to each twenty thousand.’’ The members lire to lm elected on the principle of proportional representation.

Parliament shall revise the constituencies at least once in every decade. The polls shall he held on the same day throughout the country. Articles Twenty-nine to Thirty-three deal with the Senate, “which shall lie composed of citizens who have (lone, honour to the nation, by reason ol useful public .service, or who, because of special qualifications or attainments, J represent important aspects id tlie tin- j tion’s life. Each university is to elccl ; two Senate representatives. j The number of Senators (excludin'?. the universities) is to he fifty-six. ! Each Senator, who must have reached the age of thirty-five, will hold office for twelve years. Article Thirty-one states -“Onefourth of the members of the Senate, j exclusive of the universities, shall elected every three years, by means of proportional representation, from a j panel, for which the whole of Ireland j shall consist of thrice as many qualified ■persons as the number of members needed, whereof the Chamber shall nominate two-thirds, and the Senate onothird.

Articles Thirty-four to Forty-five deal with legislation., The Chamber has exclusive legislative authority .* pass bills dealing with taxation and the Public Debt. Every bill passed by the Chamber shall be sent to the Senale, and, unless a. money bill, may be amended by the Senate,'but a hill passed by the Chamber shall, within 275 (leys utter being sent to the Senate, be deemed passed by both Houses in the lorm in which it is passed by the Chamber. Article Korty-five gives the tree State Parliament the exclusive right to regulate the raising and maiiitanij M „ the armed forces mentioned in the Treaty in the territory of L,! ‘* ■' r ‘'° State' and every such force shall lie subject to the control of the Irish Parliament.

Ai tides Forty-six to Forty-nine deni with the Referendum and the Initiative. Any bill passed by both Homes mav be suspended for ninety days, <>'* a written demand for two-litths m tin members of the Chamber, or n mufmity of the members of the Senntt. . I,ill shall be then submitted, by referendum. to the decision ol the people, before the expiration of ninety days, either by resolution of the Senate, to >«‘ assented to by three-fifths ol the Seimtors. or l:.y a petition signed by not less than one-twentieth of the voters. The decision of the people at such ■' referendum shall be conclusive. provisions not to apply to money bills, or such hills as both houses decline necessary for the immediate preservation of'public peace, health, or sal-t v. Parliament may provide tor the in itiatiorr by the people of proposals tor lows or for constitutional amendments. £.h proposals may be in lintcd on the netition of fifty thousand voters. ! Every amendment to (.institution must he submitted to the Referendum, and it shall not pass unless a oiajoiitv of the voters on register, or two-thuds :;!■ the votes recorded, are rn ravour 0 r the «««ndme«h m . vnsionof the country, the Fret. State phall not be committed to an ,«ctive

participation in any war, without the assent of Parliament.

Articles Fifty to Fifty-nine deal with the Executive Council. •'This will consist of twelve Ministers (as already cabled).

Article Fifty-three empowers tile Free State Parliament to create subsidiary legislatures not• possessing aii.v powers over defence, the post office, Customs, or excise.

Clause Fifty-four empowers the Parliament to establish Functional 01 Vocational Councils, representing any branches of the nation’s social and economic life, with prescribed rights and duties. The Ministers of the Oovernment who are not members of Parliament shall he chosen wjt.li due regard to their suitability for office, and, as far as possible, shall he representative of tie Irish Free State as a whole, rather than of groups or parties. Should any nomination not lie acceptable to the Chamber, a Committee of the Chamber shall propose names until one is found acceptable.

The -Ministers who are not members of Parliament shall he the responsible leads of their Executive Departments, their term of office lining the term of the Chamber, but they will continue in office until successors are appoint-

The salary of the Governor-General shall lie the same as that of the Go-vernor-General of Australia. Articles (ill and 71 deal with the

judiciary. The decisions of the Supreme Court shall he final, provided that nothing in this Constitution impairs the right of ally person to petition the King for special leave to appeal from the Supreme Court, to Mis Majrs'y-ii:-Cotineil. The remainder of the clauses deal witii transitory provisions, including the method of electing the first Senate, which is to consist of University members and 2H members nominated by the President of the Executive Council, also 2S elected by the Chamber, the Voting all being on the basis of proportional representation. GRIFFITHS SATISFIED.

Mr Arthur Griffiths, first Free State President, interviewed before returning to Dublin, declared that the new Irish Constitution was that of a free democratic State, whereunder Ireland for the first time in centuries, secures the power to control and in develop her our resources, and to lead her own national life.

[ PEERS AND SENATE. I.ONTH)N, June lfi. j Earls Middleton and Donughniore. .and Doctor Ecrnard (Provost, nl Trinj itv College, Dublin) and Mr Andrew 1 Jameson, representatives nl Southern Unionists, whom Mr Churchill lias consulted, have issued a statement in j which they say “While given the op- ' portunitv of seeing ami discussing the portions of the Constitution affecting , the composition and the relations of ' the two Irish Houses, we never saw the others articles. While wo recognise the desire that is shown 1,0 luce! I our views, we regret that the p’•••cedent of file Senate under the Home • Rule Act of 1920 lots not been l'»l- ---■ lowed. We are not satisfied lie- nett Senate "ill afford genuine protection for Irish minorities

Referring In the Irish -ctth'iiu'ill. the "Morning Post’’ says: I here is no previous example of a Hritisl: Dominion receiving its constitution while its forces actually were fighting the Rritish Army. When violence and nothing else is governing Ireland, where is the sense of discussing the terms of the Irish C onstitution, which lik • the Irish Treaty, is a lie and a deception in its very nature, and is in no wise affecting the Irish situation.

The l.oinlon “Daily Chronicle savs it' regards the principles ol elective .Ministers and other departures from British Parliamentary practi.e in Ine (.'(institution as premature a country which inis not yet nut the older methods into working order. The paper declares that safeguards for Protestants stand on too thin ground. It says the Senate will practically be merely an advisory body, and will only be able to postpone legislation for 270 dn vs. Tlu* “Chronicle” however, ■; out that the flail Kircann is being elected to-day,' and it may considerably twiieiid the draft. The “Westminster Oazetle” states: “Tlie Free State C'lmsti'ution conforms to the Treaty, and that is all. What we want to know is “Has the Treaty made us right with .belaud and the rest of the world '7 If Ireland were worse Governed under t' e old than under the new regime that would he her ov. n j’flair. The “Daily Nows” says :—“Nono who are honestly willing to see autnnoir.v granted to Ireland can well rr»»r with tlio oonsl itution. (onvorsoly those doing so. must, at heart, be imposed to granting any real irec.lom to Ireland. . The paper adds its doubts us to the wisdom of the referendum and the initiative provision.

PH ESS COMMENT. (Received this day at 8.30 a.in.) LONDON, .rune 10 The Belfast “Newsletter” states the constitution has apparently been improved, as a consequence ol conyersnlj.:ns at Downing Street-, but all dop. nds bow it. is interpreted in practice •'lid what effort lice I'roe State GovernmeiU. will make to protect Protestants Irian persecution and spoliation. The “Northern Whig” says the constitution embodies advanced democratic principles and the latest and most ingenious devices adopted to make tlie ■ iconic sovereign. LONDON, June lb.

Tin, “Irish Times” regards the constitution as a magnificent charter or liberty. It stretches the principles of domestic Government within the Empire to the fiirtherest limit. If the oath is taken sincerely by Parliamentarians the new lrehuid will stand on the threshold of a splendid career. “Freeman’s .Journal” is cautious, and points out that the constitution is still only a draft. Its appearance furnished the final argument for the el

tion of the best men. The “Irish Independent” considers tlie provision in regard to composition and elections to the Senate, as tdaborate and ingenious, hut the method ol election is unwieldy.