Government Of Ireland Act 1920

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An Act to Provide for the Better Government of Ireland, more usually the Government of Ireland Act 1920 (this is its official short title; the formal citation is 1920 George V of the United Kingdom c. 67.) was the second act passed by the Parliament of the United Kingdom of the United Kingdom of Great Britain and Ireland to provide for Home Rule in Ireland. It is the act that Partition of Irelanded Ireland and created Northern Ireland and Southern Ireland, and which led to the creation, eventually, of the Republic of Ireland.

Background {{infobox home rule|Bill=Home Rule Act|image= & |act=Government of Ireland Act, 1920|country=Ireland into two states Northern Ireland and Southern Ireland)|body=Executive Committee of the [Privy Council of Ireland, Privy Council of Northern Ireland, in the late 19th and early 20th centuries.The First Home Rule [bill (proposed law) proposed in Irish Government Bill 1886 had been defeated in the British House of Commons following a split in the Liberal Party (UK), while the Second Home Rule Bill, having been passed by the Commons in Irish Government Bill 1893 was vetoed by the House of Lords. The Government of Ireland Act 1914 bill was stalled by the same body. However a reformist change in the British Constitution in 1911 had removed the Lords' ability to veto bills, replacing it with a delay of three parliamentary sessions.As each session usually runs from November to November, it amounts to a normal delay of three years. However shorter sessions can occur if multiple general elections occur in the one year or at short intervals. Though rejected by the Lords in 1912 and 1914, it was approved over the Lords' rejection in 1914, and received the Royal Assent of King George V of the United Kingdom immediately before the outbreak of the First World War. Because of the continuing threat of civil war in Ireland, King George called the Buckingham Palace Conference where Nationalist and Unionist leaders were invited to seek agreement. The conference eventually failed. Due to controversy over the rival demands of Irish Nationalists, backed up by the Liberals (for all-island home rule), and Irish Unionists, backed up by the Conservatives, for the exclusion of most or all of the province of Ulster, the Act's implementation was delayed until after what was expected to be a short European war.

Under the Parliament Acts to be enacted against the wishes of the House of Lords a Bill had to be passed three times in identical form by the House of Commons. As a result changes that were thought necessary between the first attempted enactment in 1912 and its completed enactment in 1914 could not be included, without starting the whole process of three attempted enactments all over again. Rather than try to amend the 1914 Act, and face the same problems over its contents with the House of Lords and a possible three session delay in the enactment of the amendments, Prime Minister David Lloyd George abandoned the 1914 Act and started again with a new Bill.

Long's committee The Bill itself was shaped by the British cabinet's Committee of Ireland, under the chairmanship of former Ulster Unionist Party leader Walter Long, 1st Viscount Long. It was Long, even during the First World War, who pushed for a radical new idea. Instead of leaving the part of Ireland to be excluded under direct Westminster rule, he proposed creating two Irish home rule entities, Northern Ireland and Southern Ireland with unicameral parliaments. The House of Lords amended the Bill to create two bicameral parliaments, "consisting of His Majesty, the Senate of (Northern or Southern) Ireland, and the House of Commons of (Northern or Southern) Ireland". The 1920 Act is also known as the Fourth Home Rule Bill.

Developments in Ireland was the author of the new Act.While Long's and Lloyd George's thinking was still based on developing on the 1914 Act, Irish politics had moved on decisively in a different direction. Several events - including the Easter Rising of 1916, and the Conscription Crisis of 1918 - and the subsequent reaction of the British Government, had utterly altered the state of Irish Politics, and made Sinn Féin the dominant voice of Irish Nationalism. Sinn Féin, standing for 'an independent sovereign Ireland', had won seventy-three of the one hundred and five parliamentary seats on the island in the election in the United Kingdom general election, 1918 and established its own Unilateral Declaration of Independence (UDI) state, the Irish Republic with its own extra-legal parliament, First Dáil.Dáil Éireann, after a number of meetings, was declared illegal by the Lord Lieutenant of Ireland. His declaration did not diminish Irish support for the new assembly and its republic. Thus, when the Act was passed on 23 December 1920 it was already out of touch with realities in Ireland. The long-standing demand for home rule had been replaced among Nationalists by a demand for complete independence. The Republic's Irish Republican Army was waging the Irish War of Independence against British rule, which had reached a nadir in late 1920.

Two home rule Irelands The Act divided Ireland into two territories, Southern Ireland and Northern Ireland, each intended to be self-governing except in areas specifically reserved to the Parliament of the United Kingdom: chief amongst these were matters relating to the Crown, to defence, foreign affairs, international trade, and currency.

"Southern Ireland" was to be all of Ireland except for "the parliamentary counties of County Antrim, County Armagh, County Down, County Fermanagh, County Londonderry and County Tyrone, and the parliamentary boroughs of Belfast and Londonderry (parliamentary borough)" which were to constitute "Northern Ireland". Northern Ireland as defined by the Act, amounting to six of the nine counties of Ulster, was seen as the maximum area within which Unionists (Ireland) could be expected to have a safe majority. This was in spite of the fact that counties County Fermanagh and County Tyrone had Catholic Nationalist majorities.

Structures of the governmental system At the apex of the governmental system was to be the Lord Lieutenant of Ireland, who would be chief executive of both Irish home rule states. The system was based on colonial constitutional theories. Executive authority was to be vested in the crown, and in theory not answerable to either parliament. The Lord Lieutenant would appoint a cabinet that did not need parliamentary support. No provision existed for a prime minister.

Such structures matched the theory in the colonial constitutions in Canada and Australia, where in theory powers belonged to the governor-general and there was no theoretical responsibility to parliament. In reality, governments had long come to be chosen from parliament and to be answerable to it. Prime ministerial offices had come into de facto existence.A prime minister of Canada had come into existence within a decade of colonial rule in Canada, while in Australia a prime minister appeared in the system of government from the moment the Commonwealth of Australia came into being. Such developments were also expected to happen in Northern Ireland and Southern Ireland, but technically were not required under the Act.

Potential for Irish unity

A Council of Ireland would co-ordinate matters of common concern to the two parliaments, with each parliament possessing the ability, in identical motions, to vote powers to the Council, which it was hoped would evolve into a single Irish parliament within 50 years. Both parts of Ireland would continue to send a number of Member of Parliament#United Kingdoms to the Westminster parliament. Elections for both lower houses took place in May 1921.

Aftermath The Parliament of Northern Ireland came into being in June 1921. At its inauguration, in Belfast City Hall, George V of the United Kingdom made a famous appeal for Anglo-Irish and north–south reconciliation. The speech, drafted by the government of David Lloyd George on recommendations from Jan SmutsJan Smuts was one of the best Boer commanders of the Second Boer War. His deep Commando raids into Cape Province caused considerable embarrassment and difficulties for the British Army. After the war he decided that his future and that of South Africa lay in reconciliation between Afrikaner and the British. In 1914 at the start of World War I the Boer "bitter enders" rose against the government in the Boer Revolt and allied themselves with their old supporter Germany. General Smuts played an important part in crushing the rebellion and defeating the Germans in Africa, before fighting on the Western Front (World War I). The South African establishment, of which Smuts was a part, in contrast to the British establishment in 1916, was lenient to the leaders of the revolt, who were fined and spent two years in prison. After this revolt and lenient treatment the "bitter enders" contented themselves with working within the system. It was his experience of the Boer British rapprochement which he was able to bring to the attention of the British government as an alternative to confrontation. Prime Minister of the Union of South Africa, with the enthusiastic backing of the King, opened the door for formal contact between the British Government and the Irish republicanism administration of Eamon de Valera.

Southern Ireland never became a reality. All 128 MPs elected to the House of Commons of Southern Ireland were returned unopposed, and 124 of them, representing Sinn Féin, declared themselves Teachta Dálas (Irish language for Dáil Deputies) and assembled as the Second Dáil of the Irish Republic.

With only the four Unionist MPs (all representing graduates of the Irish Universities) and 15 appointed senators turning up for the state opening of the Southern Ireland Parliament in the Royal College of Science in Dublin (now Government Buildings) in June 1921, the new legislature was suspended.

The House of Commons of Southern Ireland came back into existence again for a short time under the Anglo-Irish Treaty of 1921, to fulfill two functions. The first was to formally ratify the Treaty, which it did in January 1922 (The Second Dáil, which had authority in nationalist eyes for ratifying the Treaty, did so on 7 January 1922). Secondly, it was required to put in place a Provisional Government of Ireland, which it did, under General Michael Collins (Irish leader). Collins was then legally installed in office by the Lord Lieutenant, Edmund Fitzalan-Howard, 1st Viscount Fitzalan of Derwent.

The Treaty provided for the ability of Northern Ireland's Parliament, by formal address, to opt out of the new Irish Free State, which was a foregone conclusion. An Irish Boundary Commission was set up to redraw the border between the new Irish Free State and Northern Ireland, but the British and Irish governments agreed to suppress the report when it emerged that very few majority Nationalist areas were to be transferred to the Irish Free State, while a rich part of East Donegal was to be transferred to Northern Ireland . The Council of Ireland never functioned as hoped, (as an embryonic all-Ireland parliament), as the Unionists (Ireland) simply refused to meet.In the aftermath of the creation of the Irish Free State, the Irish Free State (Consequential Provisions) Act adjusted the Northern Ireland system of government slightly to cover the failure of Southern Ireland to function. The office of Lord Lieutenant was abolished and replaced by the Governor of Northern Ireland.

In 1977, John Hume challenged a regulation under the Special Powers Act which allowed any soldier to disperse an assembly of three or more people. Lord Chief Justice of Northern Ireland, Robert Lynd Erskine Lowry held that the regulation was Ultra Vires under Section 4 of the Government of Ireland Act which forbade the Parliament of Northern Ireland to make laws in respect of the army.Robert Lynd Erskine Lowry; 'ODNB

The 1920 Act was partially repealed under the terms of the Northern Ireland Act 1998, after the Belfast Agreement. In the Republic of Ireland the Statute Law Revision Bill 2007 proposes to repeal the Act 70 years after the republic's 1937 Constitution.Irish Times 10 January 2007, p4.

See also

Second Dáil
Parliament of Southern Ireland
Parliament of Northern Ireland
Unionists (Ireland)
Irish Government Bill 1886 (First Irish Home Rule Bill)
Irish Government Bill 1893 (Second Irish Home Rule Bill)
Government of Ireland Act 1914 (Third Irish Home Rule Bill)
Government of Ireland Act 1920 (Parliamentary and Dáil constituencies)

History of Ireland (1801-1922)
History of the Republic of Ireland

External links

Text of the Act as applied in Northern Ireland in 1956
Text of the Act as originally enacted in 1920, from Free Access to Law Movement

References

Robert Kee, The Green Flag: A History of Irish Nationalism (2000 edition, first published 1972), ISBN 0-14-029165-2.

Footnotes

Government of Ireland Act 1920 - Wikipedia, the free encyclopedia
An Act to Provide for the Better Government of Ireland, more usually the Government of Ireland Act, 1920 (this is its official short title; the formal citation is 10 & 11 Geo. 5 c ...

CAIN: Government of Ireland Act, 1920
CAIN Web Service Extracts from the Government of Ireland Act, 23 December 1920

Government of Ireland Act 1920 (repealed 2.12.1999) (c.67) - Statute ...
Act repealed (2.12.1999) by 1998 c. 47, s. 2, Sch. 15 (with s. 95(2)); S.I. 1999/3209, art. 2, Sch. ...

Government of Ireland Act 1920 (repealed 2.12.1999) (c.67)
This version of the Government of Ireland Act 1920 (repealed 2.12.1999) (c.67) is from the UK Statute Law Database (SLD). It is not in the form in which it was originally enacted ...

Government of Ireland Act 1920 (Parliamentary and Dáil constituencies ...
The Government of Ireland Act 1920 (10 & 11 Geo. 5 c. 67) is a law of the United Kingdom. This article concerns the parts of the Act which provided for parliamentary constituencies ...

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Government of Ireland Act 1920
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An Act to Provide for the Better Government of Ireland , more usually the Government of Ireland Act 1920 (this is its official short title ; the formal citation is 10 & 11 Geo ...

Government of Ireland Act 1920 - Wikipedia
Government of Ireland Act 1920 (full tittel er An Act to Provide for the Better Government of Ireland) er en britisk lov vedtatt av parlamentet i 1920.

BBC News | Northern Ireland | Understanding Northern Ireland
Government of Ireland Act December, 1920 • Easter Rising: Piece together the puzzle of the Northern Ireland ...