§ Whereas it is provided by Section 4 of the Judicial Committee Act, 1833, that it shall be lawful for His Majesty to refer to the Judicial Committee of the Privy Council for hearing or consideration any such matters whatsoever as His Majesty shall think fit:
§ And whereas there was this day read at the Board a letter from the Right Honourable Leopold Amery, one of His Majesty's Principal Secretaries of State, referring to Article X of the Articles of Agreement for a Treaty between Great Britain and Ireland signed on the 6th December, 1921, whereby the Government of the Irish Free State agreed to pay fair compensation on terms not less favourable than those accorded by the Government of Ireland Act, 1920, to judges, officials, members of police forces, and other public servants who should be discharged by them or who should retire in consequence of the change of government effected in pursuance thereof (which Articles of Agreement were confirmed by the Irish Free State (Agreement) Act, 1922, and by Act No. 1 of 1922 of Dail Eireann, respectively) and stating that the Government of the Irish Free State in determining the amount of compensation to be paid by them under the provisions of the said Article had followed the principles laid down in certain minutes of the British Treasury regarding the assessment of superannuation allowances or gratuities and in particular a minute of the 20th March, 1922, and that it had been contended that in respect of civil servants transferred to the service of the Provisional Government or of the Government of the Irish Free State after the date of the last mentioned minute the amounts so determined were not fair compensation or alternatively were not fair 27 compensation on terms not less favourable than those accorded by the Government of Ireland Act, 1920, within the meaning and true intent of Article X of the said Articles of Agreement:
§ Now therefore, His Majesty is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, that the question whether the payment of compensation determined in manner aforesaid in respect of civil servants or other officials or public servants transferred to the service of the Provisional Government or of the Government of the Irish Free State after the 20th day of March, 1922, is a payment of compensation within the meaning and true intent of Article X of the said Articles of Agreement be and the same is hereby referred to the Judicial Committee for their hearing and consideration.
§ M. P. A. Hankey.