The New Irish Constitution: An Exposition and Some Arguments
History
The New Irish Constitution: An Exposition and Some Arguments
Home rule -- Ireland; Ireland -- Politics and government
It remains to refer to the position and functions of the Lord-Lieutenant
under the new dispensation (it is, of course, to be presumed that no
religious disqualification will any longer attach to the office). On the
assumption that the Executive power will continue vested in the King, all
executive acts of the Irish Government must issue by authority of the
Lord-Lieutenant through whom will also be communicated the assent to, or
the withholding of assent from, Acts of the Irish Legislature. The Bill of
1893 (Clause 5 (2)) provided for:
“An Executive Committee of the Privy Council in Ireland to aid and
advise in the government of Ireland being of such members and
comprising persons holding such offices under the Crown as His
Majesty, or if so authorised, the Lord-Lieutenant, may think fit,
save as may be otherwise directed by Irish Act.”(75)
It will be desirable that such a Committee of the Irish Privy Council
should be created to assist the Lord-Lieutenant. But while the majority of
the Committee should always be composed of Ministers, it would, I think,
conciliate the minority, and otherwise make for efficiency, if some
members on the Privy Council Committee, were taken from outside the
Government. If the Committee were composed of ten members, seven might be
Ministers, and three members might be taken from outside the Government:
the decision of the Council would be that of the majority.
Of course, I am conscious of the fact, that this arrangement may be
objected to on the ground that it would expose the plans of the
Government, in particular cases, to gentlemen who might not be of the
Party in Office. But Privy Councillors are bound by oath to secrecy; and I
think the danger of a dishonourable betrayal of trust is incommensurate
with the advantages which this representation of outside feeling on the
Committee, would bring. Moreover, the Lord-Lieutenant would be free not to
summon any particular Privy Councillor to a session of the Committee, if
the Prime Minister objected to his presence. The proceedings of the Privy
Council would be secret, and no Minutes of dissent would be recorded.
I take it that under the coming Bill, the Lord-Lieutenant will have no
power to initiate action otherwise than by suggestion to the Ministers
concerned, who, may, or may not, act on the suggestion. Ordinarily, the
Lord-Lieutenant in Council will accept the Minister’s advice: but when he
differs, and persists in differing, he would be bound in the last resort
to refer the matter to the British Cabinet. _Ex-concessis_, all
proceedings of the Irish Legislature or Government will be subject to the
ultimate control of the Imperial Parliament.
Public-domain text, read in full here on John Shaqi.
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