Home rule -- Ireland; Ireland -- Politics and government
In the Home Rule Bill of 1893 (Section 34) it was laid down that for
three years the Irish Legislature should not "pass an Act respecting the
relations of landlord or tenant, or the sale, purchase, or letting of
land generally." Such a provision repeated in the coming Bill would be
inconsistent with the absence of Irish Members from Westminster. But I
take it for granted that there is no question of its repetition. At
first it might appear that Land Purchase should be distinguished from
other branches of land legislation and reserved to the Imperial
Government on the ground that it needs Imperial credit. I shall deal
with this point fully in Chapter XIV., and only need here to express the
view that Land Purchase cannot be separated from other branches of land
legislation, or from the Congested Districts Board, or even from the
control of the police, and that we are bound to give, and shall be
acting wisely in giving, all these powers to the Irish Legislature from
the first.
It is necessary perhaps to add that non-representation at Westminster
does not in the smallest degree affect the complete legal supremacy of
the Imperial Parliament over the subordinate Irish Legislature. This
Legislature will in legal language be a "local and territorial" body,
like those of the Colonies. It will be the creature of Parliament, and
could be amended or even extinguished by it in a subsequent Act. The
Bill of 1886 (perhaps because it never reached the Committee stage) said
nothing explicit about the supremacy, though the Bill of 1893, while
providing for representation at Westminster, repeatedly (and sometimes
quite superfluously) affirmed it--in the Preamble, for example, and in a
rider to Clause 2. The King's authority, through the Lord-Lieutenant,
will be supreme in Ireland, as, through the Governors, it is supreme in
the Colonies. Every Irish Bill, like every Colonial Bill, will require
the Royal Assent, given through the Lord-Lieutenant, who will correspond
to the Colonial Governors. The Lord-Lieutenant, like his colonial
counterpart, will have to exercise both his Executive and Legislative
functions in a double capacity: in the first instance by the advice of
his Irish Cabinet, but subject to a veto by the British Cabinet. This
dual capacity has belonged to all Colonial Governors ever since the
principle of responsible government was established. As I showed in
earlier chapters, it was regarded even by Lord John Russell as
impossible and absurd as late as 1840; but it ought by now to be
understood by every educated man, and we may hope to be spared the
philosophical disquisitions and hair-splitting criticisms which it
evoked from men who should have known better in the Home Rule debates of
1893.
Public-domain text, read in full here on John Shaqi.
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