HC Deb 27 February 1928 vol 214 cc20-1
34. Sir WILLIAM DAVISON

asked the Secretary of State for Dominion Affairs why the decision arrived at by the Judicial Committee of the Privy Council with regard to the amount of compensation payable to civil servants under Article 10 of the Irish Treaty of 1921 is being departed from?

Mr. AMERY

As I intimated to my hon. Friend on Thursday last, it was not the intention of those who framed Article 10 of the Articles of Agreement of 1921 that, the civil servants in question should be put in a more favourable position in respect of the matters in question than if thee had remained in the service of the Crown under the British Government. The manner in which effect should be given to the intention and purpose of the framers of Article 10 is still under discussion between His Majesty's Government in Great Britain and the Irish Free State, and I shall hope to be able to make a further announcement shortly.

Sir W. DAVISON

Is not the Privy Council the proper authority to interpret the Treaty, and is there any precedent for the British Government setting aside a judgment of the Privy Council and thereby depriving British citizens of their legal rights?

Mr. AMERY

The Privy Council obviously is the only interpreter of the law in the case. But those who framed the Treaty can interpret their own intentions in framing it, and, if they receive representations that the framing is unsatisfactory, they can consider such representations.

Sir W. DAVISON

Is my right hon. Friend aware that when the Treaty was before this House we were told again and again that we must abide by the letter of the Treaty and that it could not be altered? Is not the Privy Council the proper authority to decide that, and how can the Government take away the rights from these civil servants?

Mr. AMERY

My hon. Friend must remember that by agreement between the Governments the Treaty has been amended previously.

Sir BASIL PETO

Is not this a question of the rights of civil servants under the Treaty, and have not these rights been defined absolutely clearly in a judgment of the Judicial Committee of the Privy Council, which in this case was the judgment of the Lord Chancellor, Lord Haldane, Lord Finlay, Lord Dunedin and Lord Shaw? Does the right hon. Gentleman consider that the Lord Chancellor, two ex-Lord Chancellors, and two of the greatest jurists in Great Britain are incapable of giving a judgment to say what are the actual rights of these persons under the Treaty?

Mr. SPEAKER

That is rather like a speech.