Privy Council of Ireland

“ The whole system of commercial restraints, which prevented Ireland from developing her resources and trading with foreign countries and the British colonies, was abolished, leaving the commercial intercourse between Great Britain and Ireland to be regulated by special Acts. The power of the Privy Council over legislation was abolished. The appellate jurisdiction of the Irish House of Lords was restored, and, above all, the sole competence of the King, Lords, and Commons of Ireland to legislate for Ireland was recognised. ”

“ First, the House of Commons in Ireland, which represents the whole people of the kingdom, and, secondly, the Privy-council, addressed his Majesty against these halfpence. What could be done more to express the universal sense of the nation? If his copper were diamonds, and the kingdom were entirely against it, would not that be sufficient to reject it? Must a committee of the whole House of Commons, and our whole Privy-council, go over to argue pro and con with Mr. Wood? To what end did the King give his patent for coining halfpence for Ireland? ”

“ Besides the appellate there exists in the sovereign in council an original jurisdiction in questions concerning boundaries between dependencies, the extent of charters and the like. Until recently the council dealt with the petitions to extend the time patents were protected, but this work has now been given by statute to the controller-general of patents.
Ireland has its own privy council. The lord-lieutenant takes the place of the Crown. There is little real work and the distinction of membership is titular as in England. ”

“ Four points were granted— (1) an Independent Irish Parliament; (2) the abrogation of Poynings' Law, empowering the English Privy Council to alter Irish Bills; (3) the introduction of a Biennial Mutiny Bill; (4) the abolition of the right of appeal to England from the Irish law courts. These concessions were announced to the Irish Parliament at once: in their joy the Irish Houses voted £100,000, and 20,000 men to the navy of Great Britain. Ireland had at last achieved political freedom. Peace and prosperity seemed about to bless the land. ... ”

“ When a sovereign died, or when a viceroy suddenly left Ireland, it became the business of the Council to elect some one in his room. When giving leave to a governor to leave his post, the sovereign sometimes named the Lord Justice. Lord Capel, who was appointed in 1695, was the last chief governor who had the title of Deputy. Since the Revolution, the head of the Irish Government has always been a Lord Lieutenant, and during his absence one, or two, or three Lords Justices have been appointed by the Irish Privy Council. ”

“ The result might be attained without the necessity for passing any Act of Parliament, or of repealing a single section of the Irish Government Act, 1893. A strong Viceroy might be sent to Ireland; he might be instructed not to convoke the Irish Parliament at all; or, having convoked, at once to prorogue it. He might thereupon form any Ministry he chose out of the members of the Irish Privy Council. The Imperial Parliament would at once resume its present position and could pass laws for Ireland. This might be called revolution or reaction. ”

“ Lord John Russell has introduced a bill to abolish the Viceregal Office in Ireland. The bill gives power to the Queen to abolish the office by order in Council; to appoint a fourth Secretary of State, chargeable, like the others, with any of the functions of a Secretary of State, but in practice with Irish affairs: some of the functions of the Lord Lieutenant will be transferred to the Secretary for the Home Department, others be given to Her Majesty in Council. The Lord Chancellor of Ireland will be President of the Privy Council in Ireland. ”

“ Government, &c.—The executive government of Ireland is vested in a lord-lieutenant, assisted by a privy council and by a chief secretary, who is always a member of the House of Commons and generally of the cabinet. There are a large number of administrative departments and boards, some, like the Board of Trade, discharging the same duties as the similar department in England; others, like the Congested Districts Board, dealing with matters of purely Irish concern. ”

“ Some of the official members of this Council are not natives of Ireland; and the Lord Lieutenant himself is almost invariably an English or Scotch aristocrat of high rank and liberal fortune. No Catholic can fill the office of Viceroy of Ireland. The authority of the latter is, to all intents and purposes, absolute. In seasons of political agitation, even when there is no violence, he can suspend the ordinary law without having recourse to Parliament. This power has been frequently exercised even in this generation. ”

“ In regard to the executive, he will, of course, enjoy less latitude; it is quite clear that the Imperial Government will, under this clause, find it practically impossible to interfere in purely Irish administration. The Irish Government will, of course, be carried on in the name of the Crown, and it will enjoy the same prerogatives at common law as the Imperial Government in such matters as the use of the prerogative writs mandamus and certiorari, and the immunity from actions in tort. Ireland has its own Petitions of Right Act. ”

“ The evils are increased because the Irish members are turned into a delegation from the Irish State, and their action ceases to be influenced, as it now is, by the consideration—a very important one—that the Imperial Parliament not only in theory but in fact legislates for Ireland, and that the English Cabinet controls the Irish administration and directs the course of political promotion in Ireland. ”

“ My observation of the Boards had convinced me before I left Ireland that no scheme of administrative reform which depends on bureaucratic organization for its success, or which has not behind it a popular backing, has the least chance of success in an attempt to establish in Ireland a government that is satisfactory to the Imperial Parliament or acceptable to the Irish people."—This was a repudiation of the Irish Council Bill of 1907 by its main author. ”

“ How could they act as freemen, without appearing ungenerous to a refugee and benefactor king? How guard their nationality, without quarrelling with him or alienating England from him? How could they do that proprietal justice and grant that religious liberty for which the country had been struggling? How check civil war—how sustain a war by the resources of a distracted country? Yet all this the Irish parliament did, and more too; for they established the principal parts of a code needful for the permanent liberty and prosperity of Ireland. ”

“ The supremacy of the Imperial Parliament may mean the right and power of Parliament to govern Ireland in the same sense in which it now governs England, that is, to exercise effective control over the whole administration of affairs in Ireland, and for this purpose, through the action of the English Government, or, when necessary, by legislation, to direct, supervise and control the acts of every authority in Ireland, including the Irish Executive and the Irish Legislature. ”

“ But if we are to consider what ought to be, as well as what is, why should Ireland have the greatest possible subordinate legislature? Is Ireland more numerous and more important to what is called the British empire than America? Subordinate as the Irish legislature is said to be, and a conquered country, as undoubtedly it is, the parliament of Great Britain, although they claim a power to bind Ireland by statutes, have never laid one farthing of tax upon it. ”

“ But those so addressed having assembled together, drew up a protest, setting forth that the great Council of Ireland had never been accustomed to meet out of that kingdom, though, saving the rights of their heirs and successors, they expressed their willingness to do so, for the King's convenience on that occasion. Richard Dene and William Stapolyn were first sent over to England to exhibit the evils of the Irish administration; the proposed general assembly of representatives seems to have dropped. ”

“ That, in carrying out these resolutions, the representatives of the Irish people should always keep in mind the adopting such a prudent and wise course as shall enable them to realise for the Irish nation the greatest possible quantity of good, and as shall also enable them to support and sustain in office, without any violation of principle, the first and only true and honest government that has ever been known in Ireland. ”

“ It is a measure which cannot be indifferent: if it accords with the new system to be pursued in Ireland, the persons who are to carry on that system should adopt and forward it. If their system is to be contrary to it, nothing can then be so pernicious as a Bill upon the subject of Ireland passed in opposition to the ideas of Government. The object of the Bill certainly must be to conciliate the affections of the people of Ireland to Government there, and in England. ”

“ It surely could not be your wish, nor would it be desirable, to attempt to pledge any Irishman one step beyond that general proposition, that whatever is done by the authority of the British Parliament as to England, must be done in Ireland by the authority of the Irish Parliament ”

“ It will be a Bill which, save possibly for a pious expression of hope in the preamble, will deal with Ireland only. It will set up in Ireland an Irish legislature and executive responsible for the "peace, order, and good government" of Ireland, subject to certain restrictions and limitations. It will assign to Ireland the whole of the Irish revenues, though probably retaining the control of customs and excise, and in that case retaining some Irish representatives at Westminster. ”

“ If before the expiration of the said month an address is presented to His Majesty by both Houses of the Parliament of Northern Ireland to that effect, the powers of the Parliament and Government of the Irish Free State shall no longer extend to Northern Ireland, and the provisions of the Government of Ireland Act, 1920, (including those relating to the Council of Ireland) shall, so far as they relate to Northern Ireland, continue to be of full force and effect, and this instrument shall have effect subject to the necessary modifications. ”

“ But I earnestly trust that if a separate Irish Civil Service be established there will be no limitation of candidature to Irish-born subjects of the Crown. Ireland would, in my opinion, commit a fatal mistake—fatal in more ways than one—if she imposed any impediment to the free competition by British-born subjects for appointments in the Irish Service, should one be created. She will gain far more than she will lose from reciprocity in this connection. ”

“ Never was a new nation more nobly heralded into existence! Never was an old nation more reverently and tenderly lifted up and restored! The Houses adjourned to give England time to consider Ireland's ultimatum. Within a month it was accepted by the new British administration, and on the 27th of May, the new Whig Viceroy, the Duke of Portland, was authorized to announce from the throne the establishment of the judicial and legislative independence of Ireland. ”

“ The Irish Parliament is to be, not a sovereign legislature, but a subordinate legislature created by statute, and a legislature of such restricted and inferior authority as to be unworthy of the name of a parliament. The Imperial Parliament, with its vast majority of British members, asserts its absolute supremacy in Ireland, and the right at its discretion to legislate for Ireland on any matter whatever ”

“ This argument is, in my opinion, clear, if the rights of the King on the throne are admitted to be the rights of the people at large, and if they are not, I know not why they exist. I have not much fear that the Irish Parliament will listen to such proposals. As to reversions and offices for life, a Regent, who has not the power of granting them here, and attempts to obtain it in Ireland, can mean nothing else than to indemnify his disappointed friends in England at the expense of Ireland ”

“ It is then our duty to declare to the universe, that we are of right a free nation, not to be subjected to any laws, but such as are made by the King and Parliament of Ireland.
"Desirous of nothing so much as to live always in good intelligence with the British nation, on account of the union of the two Crowns, our instructions are, that you shall make the greatest efforts to obtain an act, which shall establish forever the independence of the legislative power of Ireland. ”

“ The Irish Parliament met in 1715—elected, according to the then usage, for the lifetime of the King—commenced its career by an act of attainder against the Pretender, accompanied by a reward of 50,000 pounds for his apprehension. The Lords-Justices, the Duke of Grafton and the Earl of Galway, recommended in their speech to the Houses, that they should cultivate such unanimity among themselves as "at once to put an end to all other distinctions in Ireland, but that of Protestant and Papist." ”

“ All that I insist upon is that an Irish Ministry will exercise immense power, and that without violating a letter of the constitution, and without passing a single act which any Court whatever could treat as void, the Ministry will be able to change the social condition of Ireland. The Irish Cabinet, remember, will not be checked by any Irish House of Commons, for it will represent the majority of that House. ”