Irish Free State

The Irish Free State ( ga, Saorstát Éireann, , ; 6 December 192229 December 1937) was a state established in December 1922 under the Anglo-Irish Treaty of December 1921. The treaty ended the three-year Irish War of Independence between the forces of the Irish Republic – the Irish Republican Army (IRA) – and British Crown forces.

The Free State was established as a dominion of the British Empire. It comprised 26 of the 32 counties of Ireland. Northern Ireland, which was made up of the remaining six counties, exercised its right under the Treaty to opt out of the new state. The Free State government consisted of the Governor-General – the representative of the king – and the Executive Council (cabinet), which replaced both the revolutionary Dáil Government and the Provisional Government set up under the Treaty. W. T. Cosgrave, who had led both of these administrations since August 1922, became the first President of the Executive Council (prime minister). The Oireachtas or legislature consisted of Dáil Éireann (the lower house) and Seanad Éireann (the upper house), also known as the Senate. Members of the Dáil were required to take an Oath of Allegiance to the Constitution of the Free State and to declare fidelity to the king. The oath was a key issue for opponents of the Treaty, who refused to take it and therefore did not take their seats. Pro-Treaty members, who formed Cumann na nGaedheal in 1923, held an effective majority in the Dáil from 1922 to 1927 and thereafter ruled as a minority government until 1932.

In 1931, with the passage of the Statute of Westminster, the Parliament of the United Kingdom relinquished nearly all of its remaining authority to legislate for the Free State and the other dominions. This had the effect of granting the Free State internationally recognised independence.

In the first months of the Free State, the Irish Civil War was waged between the newly established National Army and the Anti-Treaty IRA, which refused to recognise the state. The Civil War ended in victory for the government forces, with its opponents dumping their arms in May 1923. The Anti-Treaty political party, Sinn Féin, refused to take its seats in the Dáil, leaving the relatively small Labour Party as the only opposition party. In 1926, when Sinn Féin president Éamon de Valera failed to have this policy reversed, he resigned from Sinn Féin and led most of its membership into a new party, Fianna Fáil, which entered the Dáil following the 1927 general election. It formed the government after the 1932 general election, when it became the largest party.

De Valera abolished the oath of allegiance and embarked on an economic war with the UK. In 1937, he drafted a new constitution, which was adopted by a plebiscite in July of that year. The Free State came to an end with the coming into force of the new constitution on 29 December 1937, when the state took the name "Ireland".

Background

The Easter Rising of 1916 and its aftermath caused a profound shift in public opinion towards the republican cause in Ireland. In the December 1918 General Election, the republican Sinn Féin party won a large majority of the Irish seats in the British parliament: 73 of the 105 constituencies returned Sinn Féin members (25 uncontested). The elected Sinn Féin MPs, rather than take their seats at Westminster, set up their own assembly, known as Dáil Éireann (Assembly of Ireland). It affirmed the formation of an Irish Republic and passed a Declaration of Independence. The subsequent War of Independence, fought between the Irish Republican Army (IRA) and British security forces, continued until July 1921 when a truce came into force. By this time the Parliament of Northern Ireland had opened, established under the Government of Ireland Act 1920, presenting the republican movement with a ''fait accompli'' and guaranteeing the British presence in Ireland. In October negotiations opened in London between members of the British government and members of the Dáil, culminating in the signing of the Anglo-Irish Treaty on 6 December 1921.Lee (1989), p. 50

The Treaty allowed for the creation of a separate state to be known as the Irish Free State, with dominion status, within the then British Empire—a status equivalent to Canada. The Parliament of Northern Ireland could, by presenting an address to the king, opt not to be included in the Free State, in which case a Boundary Commission would be established to determine where the boundary between them should lie. Members of the parliament of the Free State would be required to take an oath of allegiance to the king, albeit a modification of the oath taken in other dominions.

The Dáil ratified the Treaty on 7 January 1922, causing a split in the republican movement. A Provisional Government was formed, with Michael Collins as chairman.

Northern Ireland "opts out"

The Treaty, and the legislation introduced to give it legal effect, implied that Northern Ireland would be a part of the Free State on its creation. Whether the legislation had the legal effect under United Kingdom law of making Northern Ireland a part of the Irish Free State is a point legal writers have disagreed on. One writer has argued that the terms of the Treaty applied only to the 26 counties, and the government of the Free State had neither ''de facto'' nor ''de jure'' power in Northern Ireland. Another writer has argued that on the day it was established the jurisdiction of the Free State was the island of Ireland. A 1933 court decision in Ireland showed that Irish law took the latter view. The ''de facto'' position was that Northern Ireland was treated as at all times being within the United Kingdom.

The Treaty was given legal effect in the United Kingdom through the Irish Free State Constitution Act 1922. That act, which established the Free State, allowed Northern Ireland to "opt out" of it. Under Article 12 of the Treaty, Northern Ireland could exercise its option by presenting an address to the king requesting not to be part of the Irish Free State. Once the Irish Free State Constitution Act was passed on 5 December 1922, the Houses of Parliament of Northern Ireland had one month (dubbed the "Ulster month") to exercise this option during which month the Government of Ireland Act continued to apply in Northern Ireland.

Realistically it was always certain that Northern Ireland would opt out of the Free State. The Prime Minister of Northern Ireland, Sir James Craig, speaking in the Parliament in October 1922 said that "when 6 December is passed the month begins in which we will have to make the choice either to vote out or remain within the Free State". He said it was important that that choice be made as soon as possible after 6 December 1922 "in order that it may not go forth to the world that we had the slightest hesitation". On the following day, 7 December 1922, the Parliament resolved to make the following address to the king so as to opt out of the Free State:

Discussion in the Parliament of the address was short. Prime Minister Craig left for London with the memorial embodying the address on the night boat that evening, 7 December 1922. The king received it the following day, ''The Times'' reporting:

If the Parliament of Northern Ireland had not made such a declaration, under Article 14 of the Treaty Northern Ireland, its Parliament and government would have continued in being but the Oireachtas would have had jurisdiction to legislate for Northern Ireland in matters not delegated to Northern Ireland under the Government of Ireland Act. This, of course, never came to pass.

On 13 December 1922 Prime Minister Craig addressed the Parliament informing them that the king had responded to its address as follows:

Governmental and constitutional structures

The Treaty established that the new state would be a constitutional monarchy, with the Governor-General of the Irish Free State as representative of the Crown. The ''Constitution of the Irish Free State

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