HC Deb 26 July 1922 vol 157 cc449-50
44. Mr. G. MURRAY

asked the Secretary of State for the Colonies whether he has consulted the Law Officers of the Crown as to whether Article 3 of the Draft Constitution of the Irish Free State which creates a foreign subject of any Englishman, or Scotsman, or Welshman who has at the date of the Constitution coming into operation not been domiciled for seven years in the area c f the Irish Free State conflicts with the oath to be taken under Clause 4 of the Articles of Agreement for a treaty between Great Britain and Ireland which swears true faith and allegiance in virtue of the common citizenship of Ireland with Great Britain?

Mr. CHURCHILL

Article 3 of the Draft Constitution of the Irish Free State does not create a foreign subject of an Englishman, Scotsman or Welshman who has at the date of the Constitution coming into operation not been domiciled for seven years in the area of the Irish Free State, but leaves his nationality as a British subject unaffected. The latter part of the question therefore does not arise.

Mr. MURRAY

Does it not create foreign subjects of British subjects in the Irish Free State?

Mr. CHURCHILL

No.

Mr. MURRAY

After all the investigations which he has made into the subject during the last few weeks, does not the right hon. Gentleman think that Clause 3 of the draft Constitution should be amended, and will he communicate with the Provisional. Government to bring it into line with the Constitution of Canada, on which this Constitution is supposed to be modelled?

Mr. CHURCHILL

Those who have gone into this matter with great attention do not think that there is any impropriety or inconsistency in the arrangement proposed.

Mr. MURRAY

Does he not think that it conflicts with the main lines of the Constitution, which are said to be based upon the Constitution of Canada, as such provisions are not contained in the Constitution of Canada?