HC Deb 02 August 1923 vol 167 cc1699-700
46. Mr. MOSLEY

asked the Prime Minister whether, after the Irish election, His Majesty's Government will constitute the boundary commission under Article 12 of the Treaty with the Free State, and will appoint a British representative; whether, in the event of the Government of Northern Ireland persisting in its refusal to appoint a representative, the commission can function; and, if not, what steps His Majesty's Government proposes to take in order to implement the pledges to the Free State?

The PRIME MINISTER

In reply to the first part of this question, I must point out to the hon. Member that the Articles of Agreement for a Treaty between Great Britain and Ireland, which was signed on the 6th December, 1921, were, on the 5th December, 1922, embodied in the Irish Free State (Constitution) Act. This Act was passed into law by the Imperial Parliament, and His Majesty's Government are bound thereby. The second and third parts of the question are hypothetical.

Mr. MOSLEY

Can the Prime Minister state whether, in the event of the Northern Government refusing to appoint a representative, the Commission can function?

The PRIME MINISTER

No. Sir, I cannot.

Mr. MOSLEY

Has the right hon. Gentleman taken the opinion of the Law Officers as to the position of His Majesty's Government in regard to this matter?

Captain WEDGWOOD BENN

Does the right hon. Gentleman's answer mean that if the Northern Parliament refuse to appoint a representative our pledges fall to the ground?

The PRIME MINISTER

I have nothing to say beyond what I said in my reply.

Mr. MOSLEY

But what does that mean?

Dr. CHAPPLE

Can the right hon. Gentleman say if Northern Ireland is in any way bound by this Treaty?