Collection and application of Customs and Excise duties in Ireland.
14.—(1) On and after such day as the Treasury may direct all moneys from time to time collected in Ireland on account of the duties of Customs or the duties of Excise as defined by this Act shall, under such regulations as the Treasury from time to time make, be carried to a separate account (in this Act referred to as the Customs and Excise account) and applied in the payment of the following sums in priority as mentioned in this section; that is to say,—
First, of such sum as is from time to time directed by the Treasury in respect of the costs, charges, and expenses of and incident to the collection and management of the said duties in Ireland not exceeding four per cent. of the amount collected there;Secondly, of the annual contributions required by this Act to be made to the Consolidated Fund of the United Kingdom;Thirdly, of the annual sums required by this Act to be paid to the Commissioners for the Reduction of the National Debt;Fourthly, of all sums by this Act declared to be payable out of the moneys carried to the Customs and Excise account;Fifthly, of all sums due to the Consolidated Fund of the United Kingdom for interest or sinking fund, in respect of any loans made by the issue of bank annuities or otherwise to the Government of Ireland under any Act passed in the present session relating to the purchase and sale of land in Ireland, so far as such sums are not defrayed out of the moneys received under such Act.
First, of such sum as is from time to time directed by the Treasury in respect of the costs, charges, and expenses of and incident to the collection and management of the said duties in Ireland not exceeding four per cent. of the amount collected there;
Secondly, of the annual contributions required by this Act to be made to the Consolidated Fund of the United Kingdom;
Thirdly, of the annual sums required by this Act to be paid to the Commissioners for the Reduction of the National Debt;
Fourthly, of all sums by this Act declared to be payable out of the moneys carried to the Customs and Excise account;
Fifthly, of all sums due to the Consolidated Fund of the United Kingdom for interest or sinking fund, in respect of any loans made by the issue of bank annuities or otherwise to the Government of Ireland under any Act passed in the present session relating to the purchase and sale of land in Ireland, so far as such sums are not defrayed out of the moneys received under such Act.
(2) So much of the moneys carried to a separate account under this section as the Treasury consider are not, and are not likely to be, required to meet the above-mentioned payments, shall from time to time be paid over and applied as part of the public revenues under the control of the Irish Government.
Charges on Irish Consolidated Fund.
15.—(1) There shall be charged on the Irish Consolidated Fund in priority as mentioned in this section:—
First, such portion of the sums directed by this Act to be paid out of the moneys carried to the Customs and Excise account in priority to any payment for the public revenues of Ireland, as those moneys are insufficient to pay;Secondly, all sums due in respect of any debt incurred by the Government of Ireland, whether for interest, management, or sinking fund;Thirdly, all sums which at the passing of this Act are charged on the Consolidated Fund of the United Kingdom in respect of Irish services other than the salary of the Lord-Lieutenant;Fourthly, the salaries of all judges of the Supreme Court of Judicature or other Superior Court in Ireland, or of any County or other like Court, who are appointed after the passing of this Act, and the pensions of such judges;Fifthly, any other sums charged by this Act on the Irish Consolidated Fund.
First, such portion of the sums directed by this Act to be paid out of the moneys carried to the Customs and Excise account in priority to any payment for the public revenues of Ireland, as those moneys are insufficient to pay;
Secondly, all sums due in respect of any debt incurred by the Government of Ireland, whether for interest, management, or sinking fund;
Thirdly, all sums which at the passing of this Act are charged on the Consolidated Fund of the United Kingdom in respect of Irish services other than the salary of the Lord-Lieutenant;
Fourthly, the salaries of all judges of the Supreme Court of Judicature or other Superior Court in Ireland, or of any County or other like Court, who are appointed after the passing of this Act, and the pensions of such judges;
Fifthly, any other sums charged by this Act on the Irish Consolidated Fund.
(2) It shall be the duty of the Legislature of Ireland to impose all such taxes, duties, or imposts as will raise a sufficient revenue to meet all sums charged for the time being on the Irish Consolidated Fund.
Irish Church Fund.
16.—(1) Until all charges which are payable out of the Church property in Ireland, and are guaranteed by the Treasury, have been fully paid, the Irish Land Commission shall continue as heretofore to exist, with such Commissioners and officers receiving such salaries as the Treasury may from time to time appoint, and to administer the Church property and apply the income and other moneys receivable therefrom; and so much of the salaries of such Commissioners and officers and expenses of the office as is not paid out of the Church property shall be paid out of moneys carried to the Customs and Excise account under this Act, and if these moneys are insufficient, out of the Consolidated Fund of Ireland, and if not so paid, shall be paid out of the moneys provided by Parliament. Provided as follows:—
(a) All charges on the Church property for which a guarantee has been given by the Treasury before the passing of this Act shall, so far as they are not paid out of such property, be paid out of the moneys carried to the Customs and Excise account under this Act, and if such moneys are insufficient, the Consolidated Fund of Ireland, without prejudice nevertheless to the guarantee of the Treasury;(b) All charges on the Church property, for which no guarantee has been given by the Treasury before the passing of this Act shall be charged on the Consolidated Fund of Ireland, but shall not be guaranteed by the Treasury nor charged on the Consolidated Fund of the United Kingdom.
(a) All charges on the Church property for which a guarantee has been given by the Treasury before the passing of this Act shall, so far as they are not paid out of such property, be paid out of the moneys carried to the Customs and Excise account under this Act, and if such moneys are insufficient, the Consolidated Fund of Ireland, without prejudice nevertheless to the guarantee of the Treasury;
(b) All charges on the Church property, for which no guarantee has been given by the Treasury before the passing of this Act shall be charged on the Consolidated Fund of Ireland, but shall not be guaranteed by the Treasury nor charged on the Consolidated Fund of the United Kingdom.
(2) Subject to any existing charges on the Church property, such property shall belong to the Irish Government and any portion of the annual revenue thereof which the Treasury, on the application of the Irish Government, certify at the end of any financial year not to be required for meeting charges, shall be paid over and applied as partof the public revenues under the control of the Irish Government.
(3) As soon as all charges on the Church property guaranteed by the Treasury have been paid, such property may be managed and administered, and subject to existing charges thereon disposed of, and the income or proceeds thereof applied, in such manner as the Irish Legislature may from time to time direct.
32 & 33 Vict. c. 42.
44 & 45 Vict. c. 71.
(4) ‘Church property’ in this section means all property accruing under the Irish Church Act, 1869, and transferred to the Irish Land Commission by the Irish Church Act Amendment Act, 1881.
Public loans.
17.—(1) All sums due for principal or interest to the Public Works Loan Commissioners or to the Commissioners of Public Works in Ireland in respect of existing loans advanced on any security in Ireland shall on and after the appointed day be due to the Government of Ireland instead of the said Commissioners, and such body of persons as the Government of Ireland may appoint for the purpose shall have all the powers of the said Commissioners or their secretary for enforcing payment of such sums, and all securities for such sums given to such Commissioners or their secretary shall have effect as if the said body were therein substituted for those Commissioners or their secretary.
(2) For the repayment of the said loans to the Consolidated Fund of the United Kingdom, the Irish Government shall pay annually into that Fund by half-yearly paymentson the first day of Januaryandthe first day of July, or on such other days as may be agreed on, such instalments of the principal of the said loans as will discharge all the loans withinthirty yearsfrom the appointed day, and shall also pay interest half-yearly on so much of the said principal as from time to time remains unpaid at the rate ofthreeper cent. per annum, and such instalments of principal and interest shall be paid out of the moneys carried to the Customs and Excise account under this Act, and if those are insufficient, out of the Consolidated Fund of Ireland.
Additional aid in case of war.
18.If Her Majesty declares that a state of war exists and is pleased to signify such declaration to the IrishLegislative Body by speech or message, it shall be lawful for the Irish Legislature to appropriate a further sum out of the Consolidated Fund of Ireland in aid of the army or navy, or other measures which Her Majesty may take for the prosecution of the war and defence of the realm, and to provide and raise money for that purpose; and all moneys so provided and raised, whether by loan, taxation, or otherwise, shall be paid into the Consolidated Fund of the United Kingdom.
Money bills and votes.
19.—(1) It shall not be lawful for the Irish Legislative Body to adopt or pass any vote, resolution, address, or Bill for the raising or appropriation for any purpose of any part of the public revenue of Ireland, or of any tax, duty, or impost, except in pursuance of a recommendation from Her Majesty signified through the Lord-Lieutenant in the session in which such vote, resolution, address, or Bill is proposed.
(2) Notwithstanding that the Irish Legislature is prohibited by this Act from making laws relating to certain subjects, that Legislature may, with the assent of Her Majesty in Council first obtained, appropriate any part of the Irish public revenue, or any tax, duty, or impost imposed by such Legislature, for the purpose of, or in connection with, such subjects.
Exchequer Division and revenue actions.
20.—(1) On and after the appointed day, the Exchequer Division of the High Court of Justice shall continue to be a Court of Exchequer for revenue purposes under this Act, and whenever any vacancy occurs in the office of any judge of such Exchequer Division, his successor shall be appointed by Her Majesty on the joint recommendation of the Lord-Lieutenant of Ireland and the Lord High Chancellor of Great Britain.
(2) The judges of such Exchequer Division appointed after the passing of this Act shall be removable only by Her Majesty on address from the two Houses of the Imperial Parliament, and shall receive the same salaries and pensions as those payable at the passing of this Act to the existing judges of such division, unless with the assent of Her Majesty in Council first obtained, the Irish Legislature alters such salaries or pensions, and such salaries andpensions shall be paid out of the moneys carried to the Customs and Excise account in pursuance of this Act, and if the same are insufficient shall be paid out of the Irish Consolidated Fund, and if not so paid shall be paid out of the Consolidated Fund of the United Kingdom.
(3) An alteration of any rules relating to the procedure in such legal proceedings as are mentioned in this section shall not be made except with the approval of the Lord High Chancellor of Great Britain, and the sittings of the Exchequer Division and the judges thereof shall be regulated with the like approval.
(4) All legal proceedings instituted in Ireland by or against the Commissioners or any officers of Customs or Excise, or the Treasury, shall, if so required by any party in such proceedings, be heard and determined before the judges of such Exchequer Division, or some or one of them, and any appeal from the decision in any such legal proceeding, if by a judge, shall lie to the said division, and if by the Exchequer Division, shall lie to the House of Lords, and not to any other tribunal; and if it is made to appear to such judges, or any of them, that any decree or judgment in any such proceeding as aforesaid, has not been duly enforced by the sheriff or other officer whose duty it is to enforce the same, such judges or judge shall appoint some officer to enforce such judgment or decree; and it shall be the duty of such officer to take proper steps to enforce the same, and for that purpose such officer and all persons employed by him shall be entitled to the same immunities, powers, and privileges as are by law conferred on a sheriff and his officers.
(5) All sums recovered in respect of duties of Customs and Excise, or under any Act relating thereto, or by an officer of Customs or Excise, shall, notwithstanding anything in any other Act, be paid to the Treasury, and carried to the Customs and Excise account under this Act.
Police.
Police.
21.—The following regulations shall be made with respect to police in Ireland:—
(a) The Dublin Metropolitan Police shall continue and be subject as heretofore to the control of the Lord-Lieutenant as representing Her Majesty for a period oftwo yearsfrom the passing of this Act, and thereafter until any alteration is made by Act of the Legislature of Ireland, but such Act shall provide for the proper saving of all then existing interests, whether as regards pay, pensions, superannuation allowances, or otherwise.(b) The Royal Irish Constabulary shall, while that force subsists, continue and be subject as heretofore to the control of the Lord-Lieutenant as representing Her Majesty.(c) The Irish Legislature may provide for the establishment and maintenance of a police force in counties and boroughs in Ireland under the control of local authorities, and arrangements may be made between the Treasury and the Irish Government for the establishment and maintenance of police reserves.
(a) The Dublin Metropolitan Police shall continue and be subject as heretofore to the control of the Lord-Lieutenant as representing Her Majesty for a period oftwo yearsfrom the passing of this Act, and thereafter until any alteration is made by Act of the Legislature of Ireland, but such Act shall provide for the proper saving of all then existing interests, whether as regards pay, pensions, superannuation allowances, or otherwise.
(b) The Royal Irish Constabulary shall, while that force subsists, continue and be subject as heretofore to the control of the Lord-Lieutenant as representing Her Majesty.
(c) The Irish Legislature may provide for the establishment and maintenance of a police force in counties and boroughs in Ireland under the control of local authorities, and arrangements may be made between the Treasury and the Irish Government for the establishment and maintenance of police reserves.
Part II.
Supplemental Provisions.
Powers of Her Majesty.
Power over certain lands reserved to Her Majesty.
22.—On and after the appointed day there shall be reserved to Her Majesty—
(1) The power of erecting forts, magazines, arsenals, dockyards, and other buildings for military or naval purposes;(2) The power of taking waste land, and, on making due compensation, any other land for the purpose of erecting such forts, magazines, arsenals, dockyards, or other buildings as aforesaid, and for any other military or naval purpose, or the defence of the realm.
(1) The power of erecting forts, magazines, arsenals, dockyards, and other buildings for military or naval purposes;
(2) The power of taking waste land, and, on making due compensation, any other land for the purpose of erecting such forts, magazines, arsenals, dockyards, or other buildings as aforesaid, and for any other military or naval purpose, or the defence of the realm.
Legislative Body.
Veto by first order of Legislative Body, how overruled.
23.—If a Bill or any provision of a Bill is lost by disagreement between the two orders of the Legislative Body, and after a period ending with a dissolution of the Legislative Body, or the period ofthree years, whichever period is longest, such Bill, or a Bill containing the said provision, is again considered by the Legislative Body, and such Bill or provision is adopted by the second order and negatived by the first order, the same shall be submitted to the whole Legislative Body, both orders of which shall vote together on the Bill or provision, and the same shall be adopted or rejected according to the decision of the majority of the members so voting together.
Cesser of power of Ireland to return members to Parliament.
24.—On and after the appointed day Ireland shall cease, except in the event hereafter in this Act mentioned, to return representative peers to the House of Lords or members to the House of Commons, and the persons who on the said day are such representative peers and members shall cease as such to be members of the House of Lords and House of Commons respectively.
Decision of Constitutional Questions.
Constitutional questions to be submitted to Judicial Committee.
25.Questions arising as to the powers conferred on the Legislature of Ireland under this Act shall be determined as follows:—
(a) If any such question arises on any Bill passed by the Legislative Body, the Lord-Lieutenant may refer such question to Her Majesty in Council;(b) If, in the course of any action or other legal proceeding, such question arises on any Act of the Irish Legislature, any party to such action or other legal proceeding may, subject to the rules in this section mentioned, appeal from a decision on such question to Her Majesty in Council;(c) If any such question arises otherwise than as aforesaid in any Act of the Irish Legislature, the Lord-Lieutenant or one of Her Majesty’s principal Secretaries of State may refer such question to Her Majesty in Council;(d) A question referred or appeal brought under this section to Her Majesty in Council shall be referred for the consideration of the Judicial Committee of the Privy Council;(e) The decision of Her Majesty in Council on any question referred or appeal brought under this section shall be final, and a Bill which may be so decided to be, or contain a provision, in excess of the powers of the Irish Legislature shall not be assented to by the Lord-Lieutenant; and a provision of any Act which is so decided to be in excess of the powers of the Irish Legislature shall be void;(f) There shall be added to the Judicial Committee when sitting for the purpose of considering questions under this section, such members of Her Majesty’s Privy Council, being or having been Irish judges, as to Her Majesty may seem meet;(g) Her Majesty may, by Order in Council from time to time, make rules as to the cases and mode in which and conditions under which, in pursuance of this section, questions may be referred and appeals brought to Her Majesty in Council, and as to the consideration thereof by the Judicial Committee of the Privy Council, and any rules so made shall be of the same force as if they were enacted in this Act;(h) An appeal shall not lie to the House of Lords in respect of any question in respect of which an appeal can be had to Her Majesty in Council in pursuance of this section.
(a) If any such question arises on any Bill passed by the Legislative Body, the Lord-Lieutenant may refer such question to Her Majesty in Council;
(b) If, in the course of any action or other legal proceeding, such question arises on any Act of the Irish Legislature, any party to such action or other legal proceeding may, subject to the rules in this section mentioned, appeal from a decision on such question to Her Majesty in Council;
(c) If any such question arises otherwise than as aforesaid in any Act of the Irish Legislature, the Lord-Lieutenant or one of Her Majesty’s principal Secretaries of State may refer such question to Her Majesty in Council;
(d) A question referred or appeal brought under this section to Her Majesty in Council shall be referred for the consideration of the Judicial Committee of the Privy Council;
(e) The decision of Her Majesty in Council on any question referred or appeal brought under this section shall be final, and a Bill which may be so decided to be, or contain a provision, in excess of the powers of the Irish Legislature shall not be assented to by the Lord-Lieutenant; and a provision of any Act which is so decided to be in excess of the powers of the Irish Legislature shall be void;
(f) There shall be added to the Judicial Committee when sitting for the purpose of considering questions under this section, such members of Her Majesty’s Privy Council, being or having been Irish judges, as to Her Majesty may seem meet;
(g) Her Majesty may, by Order in Council from time to time, make rules as to the cases and mode in which and conditions under which, in pursuance of this section, questions may be referred and appeals brought to Her Majesty in Council, and as to the consideration thereof by the Judicial Committee of the Privy Council, and any rules so made shall be of the same force as if they were enacted in this Act;
(h) An appeal shall not lie to the House of Lords in respect of any question in respect of which an appeal can be had to Her Majesty in Council in pursuance of this section.
Lord-Lieutenant.
Office of Lord-Lieutenant.
26.—(1) Notwithstanding anything to the contrary contained in any Act of Parliament, every subject of Her Majesty shall be eligible to hold and enjoy the office of Lord-Lieutenant of Ireland, without reference to his religious belief.
(2) The salary of the Lord-Lieutenant shall continue tobe charged on the Consolidated Fund of the United Kingdom, and the expenses of his household and establishment shall continue to be defrayed out of moneys to be provided by Parliament.
(3) All existing powers vested by Act of Parliament or otherwise in the Chief Secretary for Ireland may, if no such officer is appointed, be exercised by the Lord-Lieutenant until other provision is made by Act of the Irish Legislature.
(4) The Legislature of Ireland shall not pass any Act relating to the office or functions of the Lord-Lieutenant of Ireland.
Judges and Civil Servants.
Judges to be removable only on address.Provisions as to judges and other persons having salaries charged on the Consolidated Fund.
27.A judge of the Supreme Court of Judicature or other Superior Court of Ireland, or of any County Court or other Court with a like jurisdiction in Ireland, appointed after the passing of this Act, shall not be removed from his office except in pursuance of an address to Her Majesty from both orders of the Legislative Body voting separately, nor shall his salary be diminished or right to pension altered during his continuance in office.
28.—(1) All persons who at the passing of this Act are judges of the Supreme Court of Judicature or County Court judges, or hold any other judicial position in Ireland shall, if they are removable at present on address to Her Majesty of both Houses of Parliament, continue to be removable only upon such address from both Houses of the Imperial Parliament, and if removable in any other manner shall continue to be removable in like manner as heretofore; and such persons, and also all persons at the passing of this Act in the permanent Civil Service of the Crown in Ireland whose salaries are charged on the Consolidated Fund of the United Kingdom, shall continue to hold office and to be entitled to the same salaries, pensions, and superannuation allowances as heretofore, and to be liable to perform the same or analogous duties as heretofore; and the salaries of such persons shall be paid out of the moneys carried to the Customs and Excise account underthis Act, or if these moneys are insufficient, out of the Irish Consolidated Fund, and if the same are not so paid shall continue charged on the Consolidated Fund of the United Kingdom.
(2) If any of these said persons retires from office with the approbation of Her Majesty before he has completed the period of service entitling him to a pension, it shall be lawful for Her Majesty, if she thinks fit, to grant to that person such pension, not exceeding the pension to which he would have been entitled if he had completed the said period of service, as to Her Majesty seems meet.
As to persons holding Civil Service appointments.
29.—(1) All persons not above provided for and at the passing of this Act serving in Ireland in the permanent Civil Service of the Crown shall continue to hold their offices and receive the same salaries, and to be entitled to the same gratuities and superannuation allowances as heretofore, and shall be liable to perform the same duties as heretofore or duties of similar rank, but any of such persons shall be entitled at the expiration oftwo yearsafter the passing of this Act to retire from office, and at any time if required by the Irish Government shall retire from office, and on any such retirement shall be entitled to receive such payment as the Treasury may award to him in accordance with the provisions contained in the Fourth Schedule to this Act.
(2) The amount of such payment shall be paid to him out of the moneys carried to the Customs and Excise account under this Act, or, if those moneys are insufficient, out of the Irish Consolidated Fund, and so far as the same are not so paid shall be paid out of moneys provided by Parliament.
34 & 35 Vict. c. 36.
(3) The Pensions Commutation Act, 1871, shall apply to all persons who, having retired from office, are entitled to any annual payment under this section in like manner as if they had retired in consequence of the abolition of their offices.
(4) This section shall not apply to persons who are retained in the service of the Imperial Government.
Provision for existing pensions and superannuation allowances.
30.Where before the passing of this Act any pension or superannuation allowance has been granted to anyperson on account of service as a judge of the Supreme Court of Judicature of Ireland, or of any Court consolidated into that Court, or as a County Court judge, or in any other judicial position, or on account of service in the permanent Civil Service of the Crown in Ireland otherwise than in some office, the holder of which is, after the passing of this Act, retained in the service of the Imperial Government, such pension or allowance, whether payable out of the Consolidated Fund or out of moneys provided by Parliament, shall continue to be paid to such person, and shall be so paid out of the moneys carried to the Customs and Excise account under this Act, or, if such moneys are insufficient, out of the Irish Consolidated Fund, and so far as the same is not so paid, shall be paid as heretofore out of the Consolidated Fund of the United Kingdom or moneys provided by Parliament.
Transitory Provisions.
Transitory provisions in Schedule.
31.The provisions contained in the Fifth Schedule to this Act relating to the mode in which arrangements are to be made for setting in motion the Irish Legislative Body and Government, and for the transfer to the Irish Government of the powers and duties to be transferred to them under this Act, or for otherwise bringing this Act into operation, shall be of the same effect as if they were enacted in the body of this Act.
Miscellaneous.
Post office and savings banks.
32.Whenever an Act of the Legislature of Ireland has provided for carrying on the postal and telegraphic service with respect to the transmission of letters and telegrams in Ireland, and the post office and other savings banks in Ireland, and for protecting the officers then in such service, and the existing depositors in such post-office savings banks, the Treasury shall make arrangements for the transfer of the said service and banks, in accordance with the said Act, and shall give public notice of the transfer, and shall pay all depositors in such post-office savings bank who request payment withinsix monthsafter the date fixed forsuch transfer, and after the expiration of suchsix monthsthe said depositors shall cease to have any claim against the Postmaster-General or the Consolidated Fund of the United Kingdom, but shall have the like claim against the Consolidated Fund of Ireland, and the Treasury shall cause to be transferred in accordance with the said Act the securities representing the sums due to the said depositors in post-office savings banks, and the securities held for other savings banks.
Audit.
33.Save as otherwise provided by the Irish Legislature—
(a) The existing law relating to the Exchequer and the Consolidated Fund of the United Kingdom shall apply to the Irish Exchequer and Consolidated Fund, and an officer shall from time to time be appointed by the Lord-Lieutenant to fill the office of the Comptroller-General of the receipt and issue of Her Majesty’s Exchequer and Auditor-General of public accounts so far as respects Ireland; and
(a) The existing law relating to the Exchequer and the Consolidated Fund of the United Kingdom shall apply to the Irish Exchequer and Consolidated Fund, and an officer shall from time to time be appointed by the Lord-Lieutenant to fill the office of the Comptroller-General of the receipt and issue of Her Majesty’s Exchequer and Auditor-General of public accounts so far as respects Ireland; and
29 & 30 Vict. c. 39.
(b) The accounts of the Irish Consolidated Fund shall be audited as appropriation accounts in manner provided by the Exchequer and Audit Departments Act, 1866, by or under the direction of the holder of such office.
(b) The accounts of the Irish Consolidated Fund shall be audited as appropriation accounts in manner provided by the Exchequer and Audit Departments Act, 1866, by or under the direction of the holder of such office.
Application of parliamentary law.
34.—(1) The privileges, immunities, and powers to be held, enjoyed, and exercised by the Irish Legislative Body, and the members thereof, shall be such as are from time to time defined by Act of the Irish Legislature, but so that the same shall never exceed those at the passing of this Act, held, enjoyed, and exercised by the House of Commons, and by the members thereof.
(2) Subject as in this Act mentioned, all existing laws and customs relating to the members of the House of Commons and their election, including the enactments respecting the questioning of elections, corrupt and illegal practices, and registration of electors, shall, so far as applicable, extend to elective members of the first order and to members of the second order of the Irish Legislative Body. Provided that,—
(a) The law relating to the offices of profit enumerated in Schedule H to the Representation of the People Act, 1867, shall apply to such offices of profit in the Government of Ireland not exceeding ten, as the Legislature of Ireland may from time to time direct;(b) After the first dissolution of the Legislative Body, the Legislature of Ireland may, subject to the restrictions in this Act mentioned, alter the laws and customs in this section mentioned.
(a) The law relating to the offices of profit enumerated in Schedule H to the Representation of the People Act, 1867, shall apply to such offices of profit in the Government of Ireland not exceeding ten, as the Legislature of Ireland may from time to time direct;
(b) After the first dissolution of the Legislative Body, the Legislature of Ireland may, subject to the restrictions in this Act mentioned, alter the laws and customs in this section mentioned.
Regulations for carrying Act into effect.
35.—(1) The Lord-Lieutenant of Ireland may make regulations for the following purposes:—
(a) The summoning of the Legislative Body and the election of a Speaker, and such adaptation to the proceedings of the Legislative Body of the procedure of the House of Commons as appears to him expedient for facilitating the conduct of business by that body on their first meeting;(b) The adaptation of any laws relating to the election of representative peers;(c) The adaptation of any laws and customs relating to the House of Commons or the members thereof to the elective members of the first order and to members of the second order of the Legislative Body; and(d) The mode of signifying their assent or election under this Act by representative peers or Irish members of the House of Commons as regards becoming members of the Irish Legislative Body in pursuance of this Act.
(a) The summoning of the Legislative Body and the election of a Speaker, and such adaptation to the proceedings of the Legislative Body of the procedure of the House of Commons as appears to him expedient for facilitating the conduct of business by that body on their first meeting;
(b) The adaptation of any laws relating to the election of representative peers;
(c) The adaptation of any laws and customs relating to the House of Commons or the members thereof to the elective members of the first order and to members of the second order of the Legislative Body; and
(d) The mode of signifying their assent or election under this Act by representative peers or Irish members of the House of Commons as regards becoming members of the Irish Legislative Body in pursuance of this Act.
(2) Any regulations so made shall, in so far as they concern the procedure of the Legislative Body, be subject to alteration by Standing Orders of that Body, and so far as they concern other matters, be subject to alteration by the Legislature of Ireland, but shall, until alteration, have the same effect as if they were inserted in this Act.
Saving of powers of House of Lords.Savings of rights of Parliament.Continuance of existing laws, courts, officers, etc.
36.Save as in this Act provided with respect to matters to be decided by Her Majesty in Council, nothing in this Act shall affect the appellate jurisdiction of the House of Lords in respect of actions and suits in Ireland, or thejurisdiction of the House of Lords to determine the claims to Irish peerages.
37.Save as herein expressly provided, all matters in relation to which it is not competent for the Irish Legislative Body to make or repeal laws shall remain and be within the exclusive authority of the Imperial Parliament, whose power and authority in relation thereto, save as aforesaid, shall in no wise be diminished or restrained by anything herein contained.
38.—(1) Except as otherwise provided by this Act, all existing laws in force in Ireland, and all existing courts of civil and criminal jurisdiction, and all existing legal commissions, powers, and authorities, and all existing officers, judicial, administrative, and ministerial, and all existing taxes, licence, and other duties, fees, and other receipts in Ireland shall continue as if this Act had not been passed; subject, nevertheless, to be repealed, abolished, or altered in manner and to the extent provided by this Act; provided that, subject to the provisions of this Act, such taxes, duties, fees, and other receipts, shall, after the appointed day, form part of the public revenues of Ireland.
(2) The Commissioners of Inland Revenue and Commissioners of Customs, and the officers of such Commissioners respectively, shall have the same powers in relation to any articles subject to any duty of excise or customs, manufactured, imported, kept for sale, or sold, and any premises where the same may be, and to any machinery, apparatus, vessels, utensils, or conveyance used in connection therewith, or the removal thereof, and in relation to the person manufacturing, importing, keeping for sale, selling, or having the custody or possession of the same as they would have had if this Act had not been passed.
Mode of alteration of Act.
39.—(1) On and after the appointed day this Act shall not, except such provisions thereof as are declared to be alterable by the Legislature of Ireland, be altered except—
(a) By Act of the Imperial Parliament and with the consent of the Irish Legislative Body testified by an address to Her Majesty, or(b) By an Act of the Imperial Parliament, for the passing of which there shall be summoned to the Houseof Lords the peerage members of the first order of the Irish Legislative Body, and if there are no such members then twenty-eight Irish representative peers elected by the Irish peers in manner heretofore in use, subject to adaptation as provided by this Act; and there shall be summoned to the House of Commons such one of the members of each constituency, or in the case of a constituency returning four members such two of those members, as the Legislative Body of Ireland may select, and such peers and members shall respectively be deemed, for the purpose of passing any such Act, to be members of the said Houses of Parliament respectively.
(a) By Act of the Imperial Parliament and with the consent of the Irish Legislative Body testified by an address to Her Majesty, or
(b) By an Act of the Imperial Parliament, for the passing of which there shall be summoned to the Houseof Lords the peerage members of the first order of the Irish Legislative Body, and if there are no such members then twenty-eight Irish representative peers elected by the Irish peers in manner heretofore in use, subject to adaptation as provided by this Act; and there shall be summoned to the House of Commons such one of the members of each constituency, or in the case of a constituency returning four members such two of those members, as the Legislative Body of Ireland may select, and such peers and members shall respectively be deemed, for the purpose of passing any such Act, to be members of the said Houses of Parliament respectively.
(2) For the purposes of this section, it shall be lawful for Her Majesty by Order in Council to make such provisions for summoning the said peers of Ireland to the House of Lords and the said members from Ireland to the House of Commons as to Her Majesty may seem necessary or proper, and any provisions contained in such Order in Council shall have the same effect as if they had been enacted by Parliament.
Definitions.
40.In this Act—
The expression ‘the appointed day’ shall mean such day after thethirty-first day of March in the year one thousand eight hundred and eighty-sevenas may be determined by order of Her Majesty in Council.The expression ‘Lord-Lieutenant’ includes the lords justices or any other chief governor or governors of Ireland for the time being.The expression ‘Her Majesty the Queen,’ or ‘Her Majesty in Council,’ or ‘the Queen,’ includes the heirs and successors of Her Majesty the Queen.The expression ‘Treasury’ means the Commissioners of Her Majesty’s Treasury.The expression ‘Treaty’ includes any convention or arrangement.The expression ‘existing’ means existing at the passing of this Act.The expression ‘existing constituency’ means any county or borough, or division of a county or borough, or a University returning at the passing of this Act a member or members to serve in Parliament.The expression ‘duties of excise’ does not include a duty received in respect of any licence whether for the sale of intoxicating liquors or otherwise.The expression ‘financial year’ means the twelve months ending on thethirty-first day of March.
The expression ‘the appointed day’ shall mean such day after thethirty-first day of March in the year one thousand eight hundred and eighty-sevenas may be determined by order of Her Majesty in Council.
The expression ‘Lord-Lieutenant’ includes the lords justices or any other chief governor or governors of Ireland for the time being.
The expression ‘Her Majesty the Queen,’ or ‘Her Majesty in Council,’ or ‘the Queen,’ includes the heirs and successors of Her Majesty the Queen.
The expression ‘Treasury’ means the Commissioners of Her Majesty’s Treasury.
The expression ‘Treaty’ includes any convention or arrangement.
The expression ‘existing’ means existing at the passing of this Act.
The expression ‘existing constituency’ means any county or borough, or division of a county or borough, or a University returning at the passing of this Act a member or members to serve in Parliament.
The expression ‘duties of excise’ does not include a duty received in respect of any licence whether for the sale of intoxicating liquors or otherwise.
The expression ‘financial year’ means the twelve months ending on thethirty-first day of March.
Short title of Act.
41.This Act may be cited for all purposes as the Irish Government Act, 1886.
SCHEDULES.
First Schedule.
First order of the Irish Legislative Body.
Second Schedule.
Provisions relating to the first order of the Irish Legislative Body.
Third Schedule.
Boundaries of divisions of the City of Cork for the purpose of returning members to the second order of the Legislative Body.
Fourth Schedule.
Provisions as to superannuation allowances of persons in the Permanent Civil Service.
Fifth Schedule.
Transitory provisions.
THE IRISH GOVERNMENT BILL, 1893.
ARRANGEMENT OF CLAUSES.
Part I.
Schedules.
A Bill to amend the provision for the Government of Ireland.[A.D.1893.
Whereas it is expedient that without impairing or restricting the supreme authority of Parliament, an Irish Legislature should be created for such purposes in Ireland as in this Act mentioned: Be it therefore enacted by the Queen’s most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part I.
Legislative Authority.
Establishment of Irish Legislature.
1.On and after the appointed day there shall be in Ireland a Legislature consisting of Her Majesty the Queen and of two Houses, the Legislative Council and the Legislative Assembly.
Powers of Irish Legislature.
2.With the exceptions and subject to the restrictions in this Act mentioned, there shall be granted to the Irish Legislature power to make laws for the peace, order, and good government of Ireland in respect of matters exclusively relating to Ireland or some part thereof.
Exceptions from powers of Irish Legislature.
3.The Irish Legislature shall not have power to make powers of laws respect of the following matters or any of them:—
(1) The Crown, or the succession to the Crown, or a Regency; or the Lord-Lieutenant as representative of the Crown; or(2) The making of peace or war or matters arising from a state of war; or(3) Naval or military forces, or the defence of the realm; or(4) Treaties and other relations with foreign States, or the relations between different parts of Her Majesty’s dominions, or offences connected with such treaties or relations; or(5) Dignities or titles of honour; or(6) Treason, treason-felony, alienage or naturalisation; or(7) Trade with any place out of Ireland; or quarantine, or navigation (except as respects inland waters and local health or harbour regulations); or(8) Beacons, lighthouses, or sea-marks (except so far as they can consistently with any general Act of Parliament be constructed or maintained by a local harbour authority); or(9) Coinage; legal tender; or the standard of weights and measures; or(10) Trade marks, merchandise marks, copyright, or patent rights.
(1) The Crown, or the succession to the Crown, or a Regency; or the Lord-Lieutenant as representative of the Crown; or
(2) The making of peace or war or matters arising from a state of war; or
(3) Naval or military forces, or the defence of the realm; or
(4) Treaties and other relations with foreign States, or the relations between different parts of Her Majesty’s dominions, or offences connected with such treaties or relations; or
(5) Dignities or titles of honour; or
(6) Treason, treason-felony, alienage or naturalisation; or
(7) Trade with any place out of Ireland; or quarantine, or navigation (except as respects inland waters and local health or harbour regulations); or
(8) Beacons, lighthouses, or sea-marks (except so far as they can consistently with any general Act of Parliament be constructed or maintained by a local harbour authority); or
(9) Coinage; legal tender; or the standard of weights and measures; or
(10) Trade marks, merchandise marks, copyright, or patent rights.
Any law made in contravention of this section shall be void.