§ 27. Sir WILLIAM DAVISONasked the Secretary of State for Dominion Affairs, if he has any announcement to make to the House as to the position of ex-British civil servants in the Irish Free State and their rights to compensation under Article 10 of the Irish Treaty, as decided by the Privy Council in the case of Wigg and Cochrane?
§ Mr. AMERYI would refer my hon. Friend to the statement made by the Lord Chancellor on the 21st June in another place, in which the present position was fully set out. I propose, if hon. Members agree, to circulate in the OFFICIAL REPORT the text of the despatches which have passed between His Majesty's Government in Great Britain and His Majesty's Government in the Irish Free State and the terms of the reference to the Judicial Committee of the Privy Council which was approved by His Majesty in Council on 15th June.
§ Sir W. DAVISONCan the right hon. Gentleman inform the House of Commons whether the Government have now abandoned their original idea of depriving these ex-British civil servants of the benefit of the decision they obtained from the Privy Council in Wigg and Cochrane? Is that decision now going to stand and are the ex-British civil servants to get the rights to which the Privy Council said they were entitled?
§ Mr. AMERYNo, Sir; the whole case will be reargued as a case in reference to the Privy Council, and that will not affect the rights secured in the actual Wigg and Cochrane case for the appellants in that case.
§ Sir W. DAVISONIf these ex-British civil servants are put to expense in arguing the case before the Privy Council, will their costs be paid by the Treasury?
§ Following are the despatches:
§ Irish Free State.
§ No. 178A.
§ Downing Street,
§ 8th June, 1928.
§ SIR,
§ With reference to previous despatches on the subject of the payment of compensation to civil servants under Article 10 of the Articles of Agreement of the 6th December, 1921, I have the honour to state that His Majesty's Government in Great Britain have been giving further consideration to the steps to be taken with a view to carrying out the general policy which has been agreed upon between the two Governments.
§ 2. It will be recalled that the matter was the subject of a Debate in the House of Lords on the 25th April, 1928. In the course of that Debate statements were made both by members of the Judicial Committee who heard the case of Messrs. Wigg and Cochrane versus the Attorney-General of the Irish Free State and also on behalf of the late Lord Chancellor, Lord Cave, indicating that the advice tendered by the Committee had proceeded on certain incorrect assumptions of fact, thereby tending to deprive that advice of its authoritative character. In these circumstances His Majesty's Government in Great Britain think that it is desirable, in the first instance, for the matter to be referred to the Judicial Committee by a special reference under Section 4 of the Judicial Committee Act, 1833.
§ 3. His Majesty's Government in Great Britain hope that His Majesty's Government in the Irish Free State will be prepared to assist in securing that all the relevant considerations are placed fully before the Judicial Committee. A draft reference, a copy of which is enclosed, has accordingly been prepared with a view to the matter being submitted to the Judicial Committee at the earliest date possible.
§ I have, etc.,
§ (Signed) L. S. AMERY.
§ The Minister for External Affairs, Irish Free State.
§ D.5461.
§ Despatch No. 125A.
§ Department of External Affairs,
§ Irish Free State,
§ 10th June, 1928.
§ SIR,
§ I have the honour to refer to your despatch No. 178A of 8th June on the subject of the payment of compensation to civil servants under Article 10 of the Articles of Agreement for a Treaty signed on the 6th December, 1921.
§ 2. His Majesty's Government in the Irish Free State note the proposal of His Majesty's Government in Great Britain to 26 refer the matter mentioned in the second paragraph of your despatch to the Judicial Committee of the Privy Council, and in the special circumstances His Majesty's Government in the Irish Free State will be prepared to assist in securing that all relevant considerations are placed fully before the Judicial Committee.
§ 3. His Majesty's Government in the Irish Free State have no observations to make on the draft of the proposed reference to the Judicial Committee, which was transmitted with your despatch under reply.
§ I have, etc.,
§ (Signed) P. McGILLICAN.
§ Minister for External Affairs.
§ The Right Honourable
§ The Secretary of State for
§ Dominion Affairs,
§ Downing Street,
§ London, S.W.1.