Handbook of Home Rule: Being Articles on the Irish Question
History
Handbook of Home Rule: Being Articles on the Irish Question
Home rule -- Ireland; Ireland -- Politics and government -- 1837-1901; Irish question
Questions arising as to whether the Irish Parliament has or not
exceeded its constitutional powers may be determined by the ordinary
courts of law in the first instance; the ultimate appeal lies to the
Judicial Committee of the Privy Council. An additional safeguard is
provided by declaring that before a provision in a Bill becomes law, the
Lord Lieutenant may take the opinion of the Judicial Committee of the
Privy Council as to its legality, and further, that without subjecting
private litigants to the expense of trying the constitutionality of an
Act, the Lord Lieutenant may, of his own motion, move the judicial
committee to determine the question. With a view to secure absolute
impartiality in the committee, Ireland will be represented on that body
by persons who are or have been Irish judges (clause 25).
The question of finance forms a separate portion of the Bill, the
provisions of which are contained in clauses twelve to twenty, while the
machinery for carrying those enactments into effect will be found in
Part III. of the Land Bill. The first point to be determined was the
amount to be contributed by Ireland to imperial expenses. Under the Act
of Union it was intended that Ireland should pay 2/17ths, or in the
proportion of 1 to 7-1/2 of the total expenditure of the United Kingdom.
This amount being found exorbitant, it was gradually reduced, until at
the present moment it amounts to something under the proportion of 1 to
11-1/2. The bill fixes the proportion at 1/15th, or 1 to 14, this sum
being arrived at by a comparison between the amount of the income-tax,
death-duties, and valuation of property in Great Britain, and the amount
of the same particulars in Ireland. The amount to be contributed by
Ireland to the imperial expenditure being thus ascertained, the more
difficult part of the problem remained to provide the fund out of which
the contribution should be payable, and the mode in which its payment
should be secured. The plan which commended itself to the framers of the
Bill, as combining the advantage of insuring the fiscal unity of Great
Britain and Ireland, with absolute security to the British exchequer,
was to continue the customs and excise duties under imperial control,
and to pay them into the hands of an imperial officer. This plan is
carried into effect by the conjoint operation of the clauses of the
Irish Government Bill and the Irish Land Bill above referred to. The
customs and excise duties are directed to be levied as heretofore in
pursuance of the enactments of the Imperial Parliament, and are excepted
from the control of the Irish Legislature, which may, with that
exception, impose any taxes in Ireland it may think expedient. The
imperial officer who is appointed under the Land Bill bears the title of
Receiver-General, and into his hands not only the imperial taxes (the
customs and excise duties), but also all local taxes imposed by the
Irish Parliament are in the first instance paid. (See Clauses 25-27 of
Public-domain text, read in full here on John Shaqi.
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