§ Mr. BALDWIN (by Private Notice)asked the Secretary of State for the Colonies whether His Majesty's Govern- 2402 ment have yet received the Report of the Judicial Committee of the Privy Council on the questions submitted to them arising out of Article XII of the Articles of Agreement for a Treaty between Great Britain and Ireland?
The SECRETARY of STATE for the COLONIES (Mr. Thomas)Yes, Sir. The Report was presented to His Majesty in Council yesterday afternoon, and will be laid before Parliament as soon as it is printed. The effect of the Report of the Judicial Committee on the first four questions submitted to them is that the refusal of the Government of Northern Ireland to appoint a member of the Commission is a casus improvisus in the Act of Parliament implementing the Treaty; that is to say, it is a contingency which was not foreseen at the date of the passing of the Act, and that, if the Government of Northern Ireland maintain that refusal, there is no constitutional means under the existing Statutes of bringing the Commission into existence.
The House will perceive that this Report raises grave issues. His Majesty's Government have no doubt that it was the intention of Parliament, when they approved and ratified the Treaty, that in the event of the Government of Northern Ireland exercising their option under Article XII, the Commission to be appointed tinder the proviso to that Article should, in fact, be appointed; and they feel that they are bound in honour to secure, so far as lies within their power, that that intention is carried into effect. They most earnestly hope that, even at this late stage, the Government of Northern Ireland may see their way to appoint a representative on the Commission; but I must make it clear that, if that hope is not fulfilled, the Government propose forthwith to introduce legislation to give effect to what was the undoubted intention of the Treaty, and to press for the passage of that legislation through Parliament regardless of the consequences to themselves.
Not merely the honour of His Majesty's Government but the honour of this country is involved in seeing that an obligation definitely imposed upon the United Kingdom by a Treaty is fulfilled in spirit and in letter, and my colleagues and I are not prepared to omit any an step which is, in our view, necessary to place 2403 the good faith of Parliament and of the British people beyond question.
Mr. LLOYD GEORGEI only want to ask a question, not because the right hon. Gentleman has left us in any doubt as to the intentions of the Government, but rather to emphasise them. May I say, on behalf of my colleagues and myself, that we have learnt with very great satisfaction—[An HON. MEMBER: "Yes, you would!"]—the announcement made by the right hon. Gentleman. If I understand him—he will correct me if I am wrong—it is, that his announcement means that he wishes to make it clear to the Empire and the world that the Government of this country are not prepared to shuffle out of a bargain on a mere question of machinery, and that, whatever measures be necessary, in order to carry out the honourable engagement entered into by the people of Great Britain with the Irish race, they intend to carry out. H they do, they will get the support of my colleagues and myself.
§ Colonel ASHLEYWas there not an honourable engagement with Ulster?
§ Mr. FERGUSONDisaster is staring you in the face!
Mr. THOMASI have, at the request of the Prime Minister, already invited President Cosgrave and Sir James Craig to come to see me. From the day I took office, I believed, and will continue to believe, that a settlement of this question would be better by agreement on both sides. I have striven more than I can say at this time to bring that about. I have said nothing publicly, and I have deprecated discussion in this House that would tend to make the possibility of a settlement more difficult. Even at this last hour, I am still going to continue to do that. I still believe that if we can bring about a peaceful settlement, so much the better. On the other hand, there should be no mistake—there must be no misunderstanding whatever, for the goad name of this country is involved—so far as we are concerned, and regardless of any con- 2404 sequences, we intend to show that this is what we mean.
§ Mr. RONALD McNEILLWhilst entirely agreeing with what the right hon. Gentleman has said about the desirability of avoiding passion, may I ask him whether he realises that the assumption of the Government that this is a mere drafting oversight of the Treaty, and that the honour of this country is involved in rectifying that oversight, is not an idea that is by any means universal, and will be hotly contested?
Mr. THOMASI am quite sure that legislation of any kind on this question will be hotly contested. I am quite sure that this long controversy ought to be settled smoothly. We must not forget, however, that this is a Treaty—whether good or bad, I am not now arguing the merits of it—this Treaty, whether good or bad, was not only ratified by the House of Commons, but ultimately endorsed by the country as a whole—[HON. MEMBERS: "Oh"]—ultimately endorsed by a General Election. I can conceive—and do let the House keep this in mind—as to what would be the effect within the Empire itself and abroad, if it went forth that Parliament and this country did not intend to give effect to what is in the Act that was passed here.
§ Mr. W. REIDIn view of what the right hon. Gentleman has said in regard to honour, may I ask whether he realises what it means for this House to bring in legislation to override an option given to a self-governing State within the Empire?
Mr. THOMASWhen this Act was passing through the House, and Ministers on both sides were responsible—I remember it well—they were most careful to point out that they expressed no opinion as to what the boundary should be, and were careful to point out that that was the function of the Commission. I think the right hon. Gentleman the Leader of the Opposition (Mr. Baldwin) agrees with that? That has been precisely my attitude. I have not said what the boundary ought to be. I do not pretend not to have views about it, but, after all, that is a function of the Commission. I have given an invitation, with the concurrence of the South African Government. There is in this country at the moment a distinguished Judge whose 2405 impartiality and knowledge are beyond question. He has visited both North and South, and it is not for us, as a Government, to interfere in any way with what is a function imposed upon him by Statute.
§ Mr. HUGH O'NEILLCan the right hon. Gentleman say when this legislation, if it become necessary, will be introduced?
Mr. THOMASAs I have already intimated, I have invited President Cosgrave and Sir James Craig to meet me. Nothing would be more fatal to the success of any such meeting or conference than to introduce legislation. Everyone must agree, if you are going to try to bring something off, to give it a fair chance. Therefore, we do not propose to introduce legislation until I have met them, but a Bill dealing with this matter and rectifying it will be introduced if we fail to agree before the Adjournment. I wish to make that quite clear.
§ Captain WEDGWOOD BENNWould such a Bill, if it be found necessary to introduce it, be passed through all its stages before the House rises?
Mr. THOMASI have just said two things. One is that I want nothing done that will hinder the possibility of a settlement at this stage. For me to make any such announcement now would have that effect, but equally I say—and I wish to make it abundantly clear—that no steps will be left untaken by us to prove to the world conclusively and before Parliament rises what are our intentions.
§ Mr. FERGUSONArising out of that, it is quite evident that the Ulster Government do not intend giving up a single mile of their territory. Will the right hon. Gentleman tell us what the Government are going to do in that event? Are they going to intervene with military powers, or anything of that sort?
§ Mr. SPEAKERThat is a hypothetical question.