§ 36. Sir J. BUTCHERasked the Under-Secretary of State for the Colonies what Clause of the Treaty or of any Act of Parliament passed by the British Parliament authorises the Irish Free State to abolish the vested statutory rights of British subjects in Southern Ireland to compensation for injuries to property?
§ Mr. ORMSBY-GOREI would refer the hon. and learned Member to Article 1 of the Treaty, which provides that Ireland shall have the same constitutional status in the Community of Nations known as the British Empire as the other self-governing Dominions; and to Article 2 of the Constitution which provides that all powers of government and all authority, legislative, executive and judicial, in Ireland shall be exercised in the Irish Free State through the organisations established by or under and in accord with this Constitution. These provisions were made statutory by the Imperial Parliament by the Irish Free State (Agreement) Act, 1922, and the Irish Free State Constitution Act, 1922, respectively.
§ Mr. MACPHERSONAre we to understand that rights vested in British subjects before the passing of the Act are by this Act now declared to be null and void?
§ Sir KINGSLEY WOODAre there any express conditions that take away the statutory rights of British subjects?
§ Mr. ORMSBY-GOREAll the people in Ireland are British subjects, and Ireland under the Constitution is under Dominion Home Rule, and has precisely the same powers as the Dominion of Canada, and can legislate, I understand, on matters affecting rights and treaties.
§ Sir W. DAVISONIs the Under-Secretary aware that under the agreement for implementing the Treaty it is specifically laid down that legislation shall be introduced in the British Parliament protecting the rights which had accrued to British subjects, and how has the Minister the right to barter away the rights of British citizens without the authority of Parliament?
§ Mr. ORMSBY-GOREThe Treaty, after all, was confirmed by Parliament. I was not the Minister who made that Treaty and it was made by the late 25 Secretary of State for the Colonies, and these questions should have been put to him.
§ Sir W. DAVISONDid not these rights accrue before the date of this Treaty, and how can this Treaty take away rights accruing to British citizens before the Treaty was entered into?
43. The hon. Member also asked the Under-Secretary whether he can now give particulars as to the total amount of defended decrees for malicious damage in Southern Ireland between January, 1919, and July, 1921, which have been paid; what amount remains outstanding; whether the fortnightly payment of Wood-Renton awards has now commenced; and what amount has actually been paid?
§ Mr. ORMSBY-GOREThe total amount which has been paid by the Free State in respect of defended decrees during the period specified is £265,200 and the total amount remaining unpaid is approximately £150,000. I am not clear to what the hon. Member alludes in the third part of his question, but the total amount paid to 14th July by the Free State Government in respect of Wood-Renton awards is £1,358,435 18s. 6d.
§ Sir W. DAVISONWill there be fortnightly payments arranged between the Free State Government and the British Government to clear off the Wood-Renton awards?
§ Mr. ORMSBY-GOREThat is not the arrangement. The arrangement is that we shall get every fortnight a statement of the people who have been paid the Wood-Renton awards, and the amounts paid. The payments for damage done by agents of the British Crown are settled quarterly.
§ Mr. ORMSBY-GOREThe payments were much better in June than they have ever been since the Free State was set up. They are improving at an increasing rate, and I am hopeful that the arrears will be cleared off.