§ Colonel GRETTON(by Private Notice). asked the Secretary of State for Dominion Affairs if his attention has been drawn to the action of the Irish Free State Government in passing the Constitution (Removal of Oath) Bill in the Dail yesterday; and if he is prepared to make a statement as to the position of the Government?
The SECRETARY of STATE for DOMINION AFFAIRS (Mr. J. H. Thomas)Yes, Sir. I have observed the action of the Irish Free State Government and Parliament in regard to the Bill. The position of His Majesty's Government in the United Kingdom is as follows: They have throughout made clear their view that the attempt to abolish the Parliamentary Oath in the Irish Free State is in direct conflict with the obligations undertaken by the Irish Free State under the Treaty of 1921. This is confirmed by the form of the Irish Free State legislation. The Treaty is the fundamental basis of the position of the Irish Free State, and in order to achieve their object the Irish Free State Government have been compelled to include in their legislation clauses purporting not only to abolish the requirement of the 1017 Parliamentary Oath but also to repeal those provisions of the Constituent Act and the Constitution of the Irish Free State which set out that the Treaty has the force of law and over-riding authority in relation to the Constitution. As regards the position which arises on the passage of the legislation, His Majesty's Government in the United Kingdom consider that the passing of the Bill will not affect the duty of allegiance to the King or amount to an act of secession. They are advised that the allegiance of the members of the Irish Free State Parliament does not depend upon the swearing of the oath which by the Treaty and the Constitution they are required to take, and therefore that a failure to take the oath is not in itself a repudiation of allegiance. This does not alter the fact that in the view of His Majesty's Government in the United Kingdom the removal of the oath is a breach of the Treaty.