A FREE STATE

Taranaki Daily News, 17 June 1922, Page 5

A FREE STATE

THE HEW IRELAND. DETAILS OF CONSTITUTION. ) PARTNER OF EMPIRE. RELIGIOUS LIBERTY. By Telegraph.—Press Assn.—Copyright. Received June 16, 5.5 pjn. London, June 16. The Irish constitution has been published. Mr. Arthur Griffith (leader of the Dail Eireann). interviewed before returning Dublin, declared that the new constitution was that of a free, democratic State, under which Ireland, for the first time in centuries, secures the power to control and develop her own resources and lead her own national life. The preamble states that the constitution shall be construed with reference tu the articles of the treaty attached to the constitution, which is hereby given force of law. If any provision in the constitution, any amendment thereof, and any la*r made thereunder in any respect shall be repugnant to the schedule, the treaty shall to the extent of such repugnancy be absolutely void and inoperative. The first four Articles define the powers and terms of citizenship and the language of the new State. The Free State is a co-equal member of the community of nations forming the British Commonwealth. Everyone domiciled in the Free State area, who is of Irish birth or domiciled for seven years, is a citizen. The national language is Irish, but English is equally recognised as an official language, no religious discrimination is made, and the free expression of opinion is allowed. Y LIBERTY OF THE PEOPLE. Article 5 states that no title or honor in respect to any services rendered in relation to the Irish State may be conferred on any citizen in the State except with the approval and advice of the Executive Council of the State. Articles 6 and 7 ordain that the liberty of a person shall be inviolable, the dwelling of each citizen inviolable, and shall not be forcibly entered, except in accordance with the law. Article 8 states the freedom of conscience and the free profession and practice of bgion are the inviolable rights of every citizen, and no law may be made either directly or indirectly to endow any religion, or prohibit or restrict the free exercise thereof, or give any preference or impose any disability on account of the religious belief, or affect the right of any child to attend a school receiving public money without atttending schools of religious instruction. Article 9 states the right of the free expression of opinion and the right to assemble peaceably without arms and to form associations, is guaranteed for purposes not opposed to public morality; the laws regilating associations shall not contain political, religious or class distinctions: all citizens shall have the right to free elementary education. THE PARLIAMENT. Article 11 says the rights of the State in natural resources, of which their use is of national importance, shall not be alienated; their exploitation by private individuals is ' only permitted under it as supervision. j Articles 12 to 17 deal with the Irish Parliament. The Parliament consists of ■ the King, the Chamber of Deputies, and the Senate, members to take the oath to be faithful to King George and his heirs, in virtue of Ireland’s membership of the , British Commonwealth. The .executive I authority is to be vested in the King, advised by the Executive Council responsible to the Chamber and consisting of 12 Ministers, of whom four are to be members of the Chamber and eight not members of , Parliament. Eight will be chosen by a committee of the Chamber so as imp art i- j afiy to represent the Chamber. The Ministers who are members of Parliament shall alone be responsible for external affairs. All citizens, without distinction of sex, who have reached 21 years of age, shall have the right to vote for members of the Chamber of Deputies and to take part in a referendum. All citizens aged 30 shall have the right to vote for members of the Senate, the voting being by secret ballot. Every citizen of 21 and over shall be eligible for membership of the Chamber of Deputies, which shall lie known as the Dail Eireann. Articles 18 to 25 deal with the rights | and privileges and methods of conducting Parliament, including provision for the payment of members and free travelling facilities to any part of Ireland. Parliament must hold at least one session yearly, the sittings being public, but in cases of emergency there may be a private sitting with the assent of two-thirds of the members. ELECTION SYSTEM. Article 20 states that the total number of members of the Chamber shall be not less than one member to each 30,000 of population, or more than one member to each 20,000. The members are to be elected on the principles of proportional representation, Parliament revising the constituencies at least once in every decade. Polls will be held on the same day throughout the country. Articles 29 to 33 deal with the Senate, which shall be composed of citizens who have done honor to the nation by reason of useful public service, or who, because of special qualifications or attainments represent important aspects of the nation’s life. Each University is to elect two representatives, the number of Senators, excluding the Universities, being 56. Senators, who must have reached the age of 35, will hold office for 12 years. Article 31 states that one-fourth of the members of the Senate, exclusive of the Universities, shall be elected every three years by means of proportional representation from a panel of which the whole of Ireland shall be a single electorate, and the panel shall consist of thrice as many qualified persons as members are needed, of which the Chamber shall nominate twothirds and the Senate one-third. Articles 34 to 45 deal with legislation. The Chamber has exclusive legislative authority to pass Bills dealing with taxation and the public debt. Every Bill passed I by the Chamber shall be sent to the Senate, and, unless a money Bill, may be amended by the Senate, but a Bill passed by the Chamber shall, within 275 days after it is sent to the Senate, be deemed to be passed by both houses in the form passed by the Chamber. Article 45 gives Parliament the exclusive right to regulate the raising and maintaining of the armed forces mentioned in the Treaty in the territory of the Free

and every such. force shall be subject to the control of Parliament. Articles 46 to 49 deal with referendum initiative. Any Bill passed by both Housea may be suspended for 90 days on a written demand by two-fifths of the members of the Chamber, or a majority of the members of the Senate, and such Bill shall be submitted by a referendum to the decision of the people before the expiration of 90 days, either by resolution of the Senate assented to by three-fifths of the Senators, or by a petition signed by not less than one-twentieth of the voters. The decision of the people at such referendum shall be conclusive.. These provisions are not to apply to money Bills or such Bills as both Houses declare necessary for the immediate preservation of public peace, health or safety/ Parliament may provide for initiation by people of proposals for laws or constitutional amendments. Such proposals may be initiated on a petition of 50,000 voters. Every amendment to the constitition must be submitted to a referendum and shall not pass unless the majority of the voters on the register, or twothirds of the votes recorded, are in favor of the amendment. Save in the case of actual invasion, the Free State shall not be committed to active participation in any war without the assent of Parliament.

OTHER PROVISIONS. Articles 50 to 59 deal with the Executive Council. This will consist of 12 Ministers. Article 43 empowers Parliament to create a subordinate Legislature not possessing powers over defence, post-office, customs or excise. Article 44 empowers Parliament to establish functional or vocational councils representing branches of the nation’s social and economic life, with prescribed rights and duties. Ministers who are not members of Parliament shall be chosen with due regard to their suitability for office, and as far as possible will be representative of the Irish Free State as a whole, rather than groups and parties. Should any nomination not be acceptable to the Chamber, a committee of the Chamber shall propose names until one is found acceptable. Ministers who are not members of Parliament shall be the responsible heads of their executive departments, the term of office being the term of the Chamber; but they will continue in office until a successor is appointed. The salary of the GovernorGeneral shall be the same as that of the Governor-General of Australia. Articles 63 to 71 deal with judiciary. The decision of the Supreme Court shall be final, provided that nothing in this- constitution impairs the right of any person to petition the King for special leave to appeal from the Supreme Court to His Ma-jesty-in-Council. The remainder of the articles deal with transitory provisions, including the method of electing the first Senate, which consists of University members and 28 nominated by the President of the Executive Council and 28 elected by the Chamber, the voting being on a basis of proportional representa-tion.—Aus.-N.Z. Cable Assn.

RECEPTION OF THE SCHEME. LONDON PRESS VIEWS. ATTITUDE OF SOUTHERN UNIONISTS. NOT COMPLETELY SATISFIED. Received June 16, 9.10 p.m. London, June 16. The Morning Post says there is no previous example of a British Dominion receiving a constitution while its forces are actually fighting the British army. When ! violence and nothing else is governing Ireland, where is the sense of discussing the terms of the constitution, which, like the Treaty, is a lie and a deception, its very nature in no wise affecting the Irish position? | The Daily News says none honestly willing to see autonomy granted to Ireland can well quarrel with the constitution, and, conversely, those doing so must at heart be opposed to granting any real freedom to i Ireland. The paper doubts the wisdom of I the referendum initiative provisions. The Daily Chronicle regards the elecI tive ministers as a departure from ; Parliamentary practice and premature I in a country which has not yet put the j older method into working order. The i paper declares the safeguards for ProI testants stand on too thin a ground. I The Senate is practically merely an advisory body, and is only able to postpone legislation for 270 days. The Chronicle points, out that the Dail Eireann being elected to-day may considerably amend the draft. The Westminster Gazette states that the constitution conforms to the treaty, and that is all. We want to know has the treaty made us right with Ireland and the rest of the world? If she was ! worse governed under the old than under the new regime that is her affair. The Earl of Middleton, the Earl of Donughmere, Dr. Bernard (Provost of Trinity College), Mr. Andrew Jameson, representative of the Southern Unionists, whom Mr. Churchill consulted, have issued a statement, in which they say: “While given an opportunity of seeing and discussing the portions of the constitution affecting the composition and relations of the two Houses, we never saw the other articles. ! While we recognise the desire shown to ! meet our views, we regret that the precedent of the Senate under the Act of 1920 : has not been followed, and we are not ' satisfied that the new Senate will afford genuine protection for the Irish minorities.”