HC Deb 03 August 1922 vol 157 cc1649-50
64. Lieut.-Colonel ARCHER-SHEE

asked the Secretary of State for the 'Colonies if he is aware that, under Article 48 of the Constitution of the Irish Free State, the consent of the Free State Parliament is necessary before active participation in a war; and will he state whether, in the opinion of the legal advisers of the Government, this is in accordance with Article 7 of the Treaty, which provides that in time of war and strained relations the British nation shall be afforded harbour and other facilities for defence in Ireland?

Mr. CHURCHILL

The answer to the first part of the question is in the affirmative. This Article must be read in conjunction with the preliminary words of the draft Constitution, which provide that the Constitution shall be construed with reference to the Treaty, and that, if any provision of the Constitution is in any respect repugnant to any pro visions of the Treaty, it shall, to the extent of such repugnancy, be absolutely void and inoperative.

Lieut.-Colonel ARCHER-SHEE

Is it not a fact that Article 48 is entirely repugnant to the Treaty, in view of the fact that Article 7 of the Treaty says that we shall have these harbour facilities, which, ipso facto, brings Ireland into any war? Supposing that the Trish Parliament refuse to allow their country to go into war, does that mean that Article 7 is going to be torn up? Otherwise, what is the position of Ireland?

Mr. CHURCHILL

When the King declares war, all subjects of the British Empire and all the Dominions of the Crown are from that moment at war. As to the degree of active participation in the war, that is a matter for the self-governing Dominions to decide for themselves, and they have always been very jealous of their powers to decide.

Lieut.-Colonel ARCHER-SHEE

Is not this an entirely different case from that of the other Dominions? Was it not specially laid down in the Treaty that we should have these harbour facilities, and if we go to war, does not that mean that Ireland is brought into the war whether she wants to be or not?

Mr. CHURCHILL

So are Canada, Australia, and other parts of the British Empire brought into war by the act of declaring war, and an enemy may attack them, may attack their ships, or may imprison their citizens if he can capture them. As to the degree of active participation, that is for them.

Mr. G. MURRAY

Is such an Article as Article 48 to be found in the Constitutions of any other Dominions of the Crown?

Mr. CHURCHILL

Not in their Constitutions, but it is their constitutional practice.

Mr. MACQUISTEN

In the event of a, dispute as to the interpretation of the Treaty and Constitution, is the Privy Council to decide, or what tribunal does decide?