The Irish Free State (Agreement) Act 1922 (12 & 13 Geo. 5 c. 4) was an Act of the
British Parliament
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprem ...
passed on 31 March 1922. It gave the force of law to the
Anglo-Irish Treaty
The 1921 Anglo-Irish Treaty ( ga , An Conradh Angla-Éireannach), commonly known in Ireland as The Treaty and officially the Articles of Agreement for a Treaty Between Great Britain and Ireland, was an agreement between the government of the ...
, which was scheduled to the Act.
Main provisions
Section 1(1) of the Act provides that:
* the "Articles of Agreement for a Treaty between Great Britain and Ireland set forth in the Schedule to this Act shall have the force of law from the date of the passing of this Act".
[
Section 1(2) provided that for the purposes of giving effect to Article 17 of the Treaty:
* the British Government could by ]Orders in Council
An Order-in-Council is a type of legislation in many countries, especially the Commonwealth realms. In the United Kingdom this legislation is formally made in the name of the monarch by and with the advice and consent of the Privy Council (''King ...
transfer powers to the Provisional Government of Southern Ireland
The Provisional Government of Ireland ( ga, Rialtas Sealadach na hÉireann) was the provisional government for the administration of Southern Ireland (1921–22), Southern Ireland from 16 January 1922 to 5 December 1922. It was a transitional adm ...
;
* the Parliament of Southern Ireland
The Parliament of Southern Ireland was a Home Rule legislature established by the British Government during the Irish War of Independence under the Government of Ireland Act 1920. It was designed to legislate for Southern Ireland,"Order in Coun ...
would be dissolved within four months from the passing of the Act; and
* elections would be held for "the House of the Parliament" to which the Provisional Government would be responsible. The Act did not give a name to that Parliament but said that in matters within the jurisdiction of the Provisional Government (i.e. only certain matters concerning Southern Ireland), it would have power to make laws in like manner as the Parliament of the Irish Free State when constituted.
Sections 11 and 12 provided for the right of Northern Ireland to opt out of the new dominion and remain within the United Kingdom.
Effect and repeal
Notably, the Act (under Section 1(5) of the Act) was stated explicitly not to be the Act of Parliament for the ''ratification'' of the Anglo-Irish Treaty
The 1921 Anglo-Irish Treaty ( ga , An Conradh Angla-Éireannach), commonly known in Ireland as The Treaty and officially the Articles of Agreement for a Treaty Between Great Britain and Ireland, was an agreement between the government of the ...
. That function was to fall to the Irish Free State Constitution Act 1922
The Irish Free State Constitution Act 1922 (Session 2) was an Act of the Parliament of the United Kingdom, passed in 1922 to enact in UK law the Constitution of the Irish Free State, and to ratify the 1921 Anglo-Irish Treaty formally.
Provision ...
. Instead, the Act was primarily intended to provide interim provisional arrangements necessary before the establishment of the 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 ...
, which under the Treaty had to be established on or before 6 December 1922.
By Order in Council
An Order-in-Council is a type of legislation in many countries, especially the Commonwealth realms. In the United Kingdom this legislation is formally made in the name of the monarch by and with the advice and consent of the Privy Council (''Kin ...
under the Act, the British Government formally transferred powers to the existing Provisional Government on 1 April 1922. That Government had constituted itself on 14 January 1922 and had since chosen Michael Collins Michael Collins or Mike Collins most commonly refers to:
* Michael Collins (Irish leader) (1890–1922), Irish revolutionary leader, soldier, and politician
* Michael Collins (astronaut) (1930–2021), American astronaut, member of Apollo 11 and ...
as its Chairman. Their Ministerial appointments now became official and were announced in '' Iris Oifigiúil'' No.19 of 4 April 1922.
The Irish Free State (Agreement) Act 1922 and the Irish Free State Constitution Act 1922 were repealed by th
Statute Law (Repeals) Act 1989
Schedule 1, Part III.
References
External links
(HistoricalDocuments.org.uk)
{{UK legislation
1922 in law
United Kingdom Acts of Parliament 1922
British constitutional laws concerning Ireland
Political history of Ireland
1922 in Ireland
Ireland and the Commonwealth of Nations
Irish Free State
Repealed United Kingdom Acts of Parliament
Acts of the Parliament of the United Kingdom concerning Ireland
Constitutional laws of Northern Ireland