§ (1) There shall be a Session of the Parliament of Southern Ireland and of the Parliament of Northern Ireland once at least in every year, so that twelve months shall not intervene between the last sitting of either Parliament in one Session and their first sitting in the next Session.
§ (2) The Lord-Lieutenant shall, in His Majesty's name, summon, prorogue, and dissolve the Parliament of Southern Ireland and the Parliament of Northern Ireland.
§ Motion made, and Question proposed, "That the Clause stand part of the Bill."
§ Lieut.-Commander KENWORTHYI think something should be said from this side before this Clause passes through the Committee stage. This is one of very few Clauses in the Bill which has no Amendments down against it. If I had intended to put down any Amendment to this Bill, I should have put down an Amendment to leave out one word in Sub-clause (2), namely, the word "dissolved." Sub-section (2) reads:
The Lord Lieutenant shall, in His Majesty's name, summon, prorogue, and dissolve the Parliament of Southern Ireland and the Parliament of Northern Ireland.I consider this power of dissolution in the hands of the Lord-Lieutenant to be obsolete and even dangerous. It gives power to the Lord-Lieutenant to get rid of any Parliament of which he does not approve, and I am afraid the spirit of 1162 the present Government would be that a Lord-Lieutenant should be chosen who would use that power exclusively against a Southern Parliament. Hon. Members may ask, Why should we not have that power? I would point out that the power of the Crown to dissolve Parliament has not been used in this country since 1831. I do not lay claim to a knowledge of constitutional procedure in this country, but I believe I am right in saying that, although Parliament is always dissolved in His Majesty's name, it is done with the advice of the Ministers of the day, and I am very sorry indeed that some words to the effect that these Parliaments, once summoned, should only be dissolved on the advice of their duly elected Ministers, are not included. It might be said that a disloyal Parliament in the South should be dissolved forthwith, but I would draw attention to the latest Amendment put down on behalf of the Government, in which all candidates for election in each constituency have to take the oath of allegiance. This will at once cut out the members of the present Sinn Fein party in Ireland. This Amendment has been put down as an after-thought of the Government, and appears on the Order Paper for the first time to-day. I do not think it makes much difference. Any Parliament you get in Southern Ireland now will be composed of Nationalists or Unionists, who have taken the oath of allegiance either as candidates or as former Members of Parliament, in which case they will not object to take it again. Then why put this power in the hands of the Lord Lieutenant? Is it that the Government are afraid that the Parliament administering even the limited departments that are allowed may become too Nationalist? If that is the case it shows want of trust and confidence in the home measures and in the fellow-nation of Ireland across the 1163 sea. I am speaking in the name of the few Members on this side who take an interest in this Bill, and we believe that this power given to the Lord Lieutenant is obsolete, and if given at all it should be with the safeguard that Parliament can only be dissolved on the advice of Ministers. In regard to Sub-section (1), I shall be glad if the First Lord of the Admiralty will tell us what is going to be the policy of the Government if the Southern Parliament does not meet.
§ The CHAIRMANIt would not be in order for the First Lord or anybody else to raise that question here. This Clause is simply the British constitution. It is purely formal, and does not raise any question of the kind to which the hon. Member refers.
§ Lieut.-Commander KENWORTHYIn the Dominions the Governor or High Commissioner has the same power of dissolution, but is it ever used? Was it ever intended to be used by him? It would be interesting to know. In case the Southern Parliament refuses to work the Bill, what situation would arise under this Clause, because Sub-section (1) says:
There shall be a Session of the Parliament of Southern Ireland and of the Parliament of Northern Ireland, once at least in every year, so that twelve months shall not intervene between the last sitting of either Parliament in one Session and their first sitting in the next Session.Considering the reception which this Bill has had in Ireland, and in this House from hon. Members representing Irish constituencies, the wording of this Subsection is extremely naive and ingenious. I am sorry I am not able to press the Government as to their policy. This Clause is an example of the whole atmosphere of unreality and make-believe in which this Bill is brought forward.
§ The FIRST LORD of the ADMIRALTY (Mr. Long)I can assure the hon. and gallant Member that he is under a complete delusion. This is the ordinary Clause which is not only to be found in Dominion Acts of Parliament, but also in the State Governments. He says that the Sovereign has never dissolved Parliament. I can assure him that if he had gone up the steps of the Duke of York's Column as often as I have he would have seen many proclamations signed by the Sovereign dissolving Parliament. It happens invariably. He is very much dis- 1164 turbed about the Lord Lieutenant dissolving Parliament against the will of Ministers. There is a remedy against that in this one single fact that if such a thing happened, it is within the power of the country to re-elect the same Ministers and the same Government, so that all the fears he is conjuring up are imaginary.
§ Lord H. CECILThe Government will have to put in an Amendment to this Clause giving it effect, supposing they carry their new Clause.