England's Case Against Home Rule by Albert Venn Dicey

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[Sidenote: First order.]

10.--(1.) The first order of the Irish Legislative Body shall consist
of one hundred and three members, of whom seventy-five shall be elective
members and twenty-eight peerage members.

(2.) Each elective member shall at the date of his election and during
his period of membership be bona fide possessed of property which--

(_a._) if realty, or partly realty and partly personalty, yields
two hundred pounds a year or upwards, free of all charges; or

(_b._) if personalty yields the same income, or is of the capital
value of four thousand pounds or upwards, free of all charges.

(2.) For the purpose of electing the elective members of the first order
of the Legislative Body, Ireland shall be divided into the electoral
districts specified in the First Schedule to this Act, and each such
district shall return the number of members in that behalf specified in
that Schedule.

(3.) The elective members shall be elected by the registered electors of
each electoral district, and for that purpose a register of electors
shall be made annually.

(4.) An elector in each electoral district shall be qualified as
follows, that is to say, he shall be of full age, and not subject to any
legal incapacity, and shall have been during the twelve months next
preceding the _twentieth day of July_ in any year the owner or occupier
of some land or tenement within the district of a net annual value of
twenty-five pounds or upwards.

(5.) The term of office of an elective member shall be _ten years_.

(6.) In every fifth year thirty-seven or thirty-eight of the elective
members, as the case requires, shall retire from office, and their
places shall be filled by election; the members to retire shall be those
who have been members for the longest time without re-election.

(7.) The offices of the peerage members shall be filled as follows; that
is to say,--

(_a._) Each of the Irish peers who on the appointed day is one of
the twenty-eight Irish representative peers, shall, on giving his
written assent to the Lord-Lieutenant, become a peerage member of
the first order of the Irish Legislative Body; and if at any time
within _thirty years_ after the appointed day any such peer vacates
his office by death or resignation, the vacancy shall be filled by
the election to that office by the Irish peers of one of their
number in manner heretofore in use respecting the election of Irish
representative peers, subject to adaptation as provided by this
Act, and if the vacancy is not so filled within the proper time it
shall be filled by the election of an elective member.

(_b._) If any of the twenty-eight peers aforesaid does not within
_one month_ after the appointed day give such assent to be a
peerage member of the first order, the vacancy so created shall be
filled up as if he had assented and vacated his office by
resignation.

(8.) A peerage member shall be entitled to hold office during his life,
or until the expiration of _thirty years_ from the appointed day,
whichever period is the shortest. At the expiration of such _thirty
years_ the offices of all the peerage members shall be vacated as if
they were dead, and their places shall be filled by elective members
qualified and elected in manner provided by this Act with respect to
elective members of the first order, and such elective members may be
distributed by the Irish Legislature among the electoral districts, so,
however, that care shall be taken to give additional members to the most
populous places.

(9.) The offices of members of the first order shall not be vacated by
the dissolution of the Legislative Body.

(10.) The provisions in the Second Schedule to this Act relating to
members of the first order of the Legislative Body shall be of the same
force as if they were enacted in the body of this Act.

[Sidenote: Second order.]

11.--(1.) Subject as in this section hereafter mentioned, the second
order of the Legislative body shall consist of two hundred and four
members.

(2.) The members of the second order shall be chosen by the existing
constituencies of Ireland, two by each constituency, with the exception
of the city of Cork, which shall be divided into two divisions in manner
set forth in the Third Schedule to this Act, and two members shall be
chosen by each of such divisions.

(3.) Any person who, on the appointed day, is a member representing an
existing Irish constituency in the House of Commons shall, on giving his
written assent to the Lord-Lieutenant, become a member of the second
order of the Irish Legislative Body as if he had been elected by the
constituency which he was representing in the House of Commons. Each of
the members for the city of Cork, on the said day, may elect for which
of the divisions of that city he wishes to be deemed to have been
elected.

(4.) If any member does not give such written assent within _one month_
after the appointed day, his place shall be filled by election in the
same manner and at the same time as if he had assented and vacated his
office by death.

(5.) If the same person is elected to both orders, he shall, within
_seven days_ after the meeting of the Legislative Body, or if the Body
is sitting at the time of the election, within _seven days_ after the
election, elect in which order he will serve, and his membership of the
other order shall be void and be filled by a fresh election.

(6.) Notwithstanding anything in this Act, it shall be lawful for the
Legislature of Ireland at any time to pass an Act enabling the Royal
University of Ireland to return not more than two members to the second
order of the Irish Legislative Body in addition to the number of members
above mentioned.

(7.) Notwithstanding anything in this Act, it shall be lawful for the
Irish Legislature, after the first dissolution of the Legislative Body
which occurs, to alter the constitution or election of the second order
of that body, due regard being had in the distribution of members to the
population of the constituencies; provided that no alteration shall be
made in the number of such order.

_Finance._

[Sidenote: Taxes and separate Consolidated Fund.]

12.--(1.) For the purpose of providing for the public service of
Ireland the Irish Legislature may impose taxes, other than duties of
customs or excise as defined by this Act, which duties shall continue to
be imposed and levied by and under the direction of the Imperial
Parliament only.

(2.) On and after the appointed day there shall be an Irish Consolidated
Fund separate from the Consolidated Fund of the United Kingdom.

(3.) All taxes imposed by the Legislature of Ireland and all other
public revenues under the control of the Government of Ireland shall,
subject to any provisions touching the disposal thereof contained in any
Act passed in the present session respecting the sale and purchase of
land in Ireland, be paid into the Irish Consolidated Fund, and be
appropriated to the public service of Ireland according to law.

[Sidenote: Annual contributions from Ireland to Consolidated Fund of
United Kingdom.]

13.--(1.) Subject to the provisions for the reduction or cesser
thereof in this section mentioned, there shall be made on the part of
Ireland to the Consolidated Fund of the United Kingdom the following
annual contributions in every financial year; that is to say,--

(_a._) The sum of _one million four hundred and sixty-six, thousand
pounds_ on account of the interest on and management of the Irish
share of the National Debt:

(_b._) The sum of _one million six hundred and sixty-six thousand
pounds_ on account of the expenditure on the army and navy of the
United Kingdom:

(_c._) The sum _of one hundred and ten thousand pounds_ on account
of the Imperial civil expenditure of the United Kingdom:

(_d._) The sum of _one million pounds_ on account of the Royal
Irish Constabulary and the Dublin Metropolitan Police.

(2.) During the period of _thirty_ years from this section taking;
effect the said annual contributions shall not be increased, but may be
reduced or cease as hereinafter mentioned. After the expiration of the
said _thirty years_ the said contributions shall, save as otherwise
provided by this section, continue until altered in manner provided with
respect to the alteration of this Act.

(3.) The Irish share of the National Debt shall be reckoned at
_forty-eight million pounds_ Bank annuities, and there shall be paid in
every financial year on behalf of Ireland to the Commissioners for the
Reduction of the National Debt an annual sum of _three hundred and sixty
thousand pounds_, and the permanent annual charge for the National Debt
on the Consolidated Fund of the United Kingdom shall be reduced by that
amount, and the said annual sum shall be applied by the said
Commissioners as a sinking fund for the redemption of the National Debt,
and the Irish share of the National Debt shall be reduced by the amount
of the National Debt so redeemed, and the said annual contribution on
account of the interest on and management of the Irish share of the
National Debt shall from time to time be reduced by a sum equal to the
interest upon the amount of the National Debt from time to time so
redeemed, but that last-mentioned sum shall be paid annually to the
Commissioners for the Reduction of the National Debt in addition to the
above-mentioned annual sinking fund, and shall be so paid and be applied
as if it were part of that sinking fund.

(4.) As soon as an amount of the National Debt equal to the said Irish
share thereof has been redeemed under the provisions of this section,
the said annual contribution on account of the interest on and
management of the Irish share of the National Debt, and the said annual
sum for a sinking fund shall cease.

(5.) If it appears to Her Majesty that the expenditure in respect of the
army and navy of the United Kingdom, or in respect of Imperial civil
expenditure of the United Kingdom, for any financial year has been less
than _fifteen_ times the amount of the contributions above-named on
account of the same matter, a sum equal to _one fifteenth_ part of the
diminution shall be deducted from the current annual contribution for
the same matter.

(6.) The sum paid from time to time by the Commissioners of Her
Majesty's Woods, Forests, and Land Revenues to the Consolidated Fund of
the United Kingdom on account of the hereditary revenues of the Crown in
Ireland shall be credited to the Irish Government, and go in reduction
of the said annual contribution payable on account of the Imperial civil
expenditure of the United Kingdom, but shall not be taken into account
in calculating whether such diminution as above mentioned has or has not
taken place in such expenditure.

(7.) If it appears to Her Majesty that the expenditure in respect of the
Royal Irish Constabulary and the Dublin Metropolitan Police for any
financial year has been less than the contribution above named on
account of such constabulary and police, the current contribution shall
be diminished by the amount of such difference.

(8.) This section shall take effect from and after the _thirty-first day
of March, one thousand eight hundred and eighty-seven_.

[Sidenote: Collection and application of customs and excise duties in
Ireland.]

14.--(1.) On and after such day as the Treasury may direct all moneys
from time to time collected in Ireland on account of the duties of
customs or the duties of excise as defined by this Act shall, under such
regulations as the Treasury from time to time make, be carried to a
separate account (in this Act referred to as the customs and excise
account) and applied in the payment of the following sums in priority as
mentioned in this section; that is to say,--

First, of such sum as is from time to time directed by the Treasury
in respect of the costs, charges, and expenses of and incident to
the collection and management of the said duties in Ireland not
exceeding four per cent. of the amount collected there;

Secondly, of the annual contributions required by this Act to be
made to the Consolidated Fund of the United Kingdom;

Thirdly, of the annual sums required by this Act to be paid to the
Commissioners for the Reduction of the National Debt;

Fourthly, of all sums by this Act declared to be payable out of the
moneys carried to the customs and excise account;

Fifthly, of all sums due to the Consolidated Fund of the United
Kingdom for interest or sinking fund, in respect of any loans made
by the issue of bank annuities or otherwise to the Government of
Ireland under any Act passed in the present session relating to the
purchase and sale of land in Ireland, so far as such sums are not
defrayed out of the moneys received under such Act;

(2.) So much of the moneys carried to a separate account under this
section as the Treasury consider are not, and are not likely to be,
required to meet the above-mentioned payments, shall from time to time
be paid over and applied as part of the public revenues under the
control of the Irish Government.

[Sidenote: Charges on Irish Consolidated Fund.]

15.--(1.) There shall be charged on the Irish Consolidated Fund in
priority as mentioned in this section:--

First, such portion of the sums directed by this Act to be paid out
of the moneys carried to the customs and excise account in priority
to any payment for the public revenues of Ireland, as those moneys
are insufficient to pay;

Secondly, all sums due in respect of any debt incurred by the
Government of Ireland, whether for interest, management, or sinking
fund;

Thirdly, all sums which at the passing of this Act are charged on
the Consolidated Fund of the United Kingdom in respect of Irish
services other than the salary of the Lord-Lieutenant;

Fourthly, the salaries of all judges of the Supreme Court of
Judicature or other superior court in Ireland, or of any county or
other like court, who are appointed after the passing of this Act,
and the pensions of such judges;

Fifthly, any other sums charged by this Act on the Irish
Consolidated Fund.

(2.) It shall be the duty of the Legislature of Ireland to impose all
such taxes, duties, or imposts as will raise a sufficient revenue to
meet all sums charged for the time being on the Irish Consolidated Fund.

[Sidenote: Irish Church Fund.]

16.--(1.) Until all charges which are payable out of the Church
property in Ireland, and are guaranteed by the Treasury, have been fully
paid, the Irish Land Commission shall continue as heretofore to exist,
with such Commissioners and officers receiving such salaries as the
Treasury may from time to time appoint, and to administer the Church
property and apply the income and other moneys receivable therefrom; and
so much of the salaries of such Commissioners and officers and expenses
of the office as is not paid out of the Church property shall be paid
out of moneys carried to the customs and excise account under this Act,
and if those moneys are insufficient, out of the Consolidated Fund of
Ireland, and if not so paid, shall be paid out of moneys provided by
Parliament.

Provided as follows:--

(_a._) All charges on the Church property for which a guarantee has
been given by the Treasury before the passing of this Act shall, so
far as they are not paid out of such property, be paid out of the
moneys carried to the Customs and Excise account under this Act,
and if such moneys are insufficient, the Consolidated Fund of
Ireland, without prejudice nevertheless to the guarantee of the
Treasury;

(_b._) All charges on the Church property, for which no guarantee
has been given by the Treasury before the passing of this Act shall
be charged on the Consolidated Fund of Ireland, but shall not be
guaranteed by the Treasury nor charged on the Consolidated Fund of
the United Kingdom.

(2.) Subject to any existing charges on the Church property, such
property shall belong to the Irish Government and any portion of the
annual revenue thereof which the Treasury, on the application of the
Irish Government, certify at the end of any financial year not to be
required for meeting charges, shall be paid over and applied as part of
the public revenues under the control of the Irish Government.

(3.) As soon as all charges on the Church property guaranteed by the
Treasury have been paid, such property may be managed and administered,
and subject to existing charges thereon disposed of, and the income or
proceeds thereof applied, in such manner as the Irish Legislature may
from time to time direct.

[Sidenote: 32 & 33 Vict. c. 42, 44 & 45 Vict. c. 71.]

(4.) "Church property" in this section means all property accruing under
the Irish Church Act, 1869, and transferred to the Irish Land Commission
by the Irish Church Act Amendment Act, 1881.

[Sidenote: Public loans.]

17.--(1.) All sums due for principal or interest to the Public Works
Loan Commissioners or to the Commissioners of Public Works in Ireland in
respect of existing loans advanced on any security in Ireland shall on
and after the appointed day be due to the Government of Ireland instead
of the said Commissioners, and such body of persons as the Government of
Ireland may appoint for the purpose shall have all the powers of the
said Commissioners or their secretary for enforcing payment of such
sums, and all securities for such sums given to such Commissioners or
their secretary shall have effect as if the said body were therein
substituted for those Commissioners or their secretary.

(2.) For the repayment of the said loans to the Consolidated Fund of the
United Kingdom, the Irish Government shall pay annually into that fund
by half-yearly payments on the _first day of January_ and _the first day
of July_, or on such other days as may be agreed on, such instalments of
the principal of the said loans as will discharge all the loans within
_thirty years_ from the appointed day, and shall also pay interest
half-yearly on so much of the said principal as from time to time
remains unpaid at the rate of _three_ per cent. per annum, and such
instalments of principal and interest shall be paid out of the moneys
carried to the customs and excise account under this Act, and if those
are insufficient, out of the Consolidated Fund of Ireland.

[Sidenote: Additional aid in case of war.]

18. If Her Majesty declares that a state of war exists and is pleased
to signify such declaration to the Irish Legislative Body by speech or
message, it shall be lawful for the Irish Legislature to appropriate a
further sum out of the Consolidated Fund of Ireland in aid of the army
or navy, or other measures which Her Majesty may take for the
prosecution of the war and defence of the realm, and to provide and
raise money for that purpose; and all moneys so provided and raised,
whether by loan, taxation, or otherwise, shall be paid into the
Consolidated Fund of the United Kingdom.

[Sidenote: Money bills and votes.]

19.--(1.) It shall not be lawful for the Irish Legislative Body to
adopt or pass any vote, resolution, address, or Bill for the raising or
appropriation for any purpose of any part of the public revenue of
Ireland, or of any tax, duty, or impost, except in pursuance of a
recommendation from Her Majesty signified through the Lord-Lieutenant in
the session in which such vote, resolution, address, or Bill is
proposed.

(2.) Notwithstanding that the Irish Legislature is prohibited by this
Act from making laws relating to certain subjects, that Legislature may,
with the assent of Her Majesty in Council first obtained, appropriate
any part of the Irish public revenue, or any tax, duty, or impost
imposed by such Legislature, for the purpose of, or in connection with,
such subjects.

[Sidenote: Exchequer Division and revenue actions.]

20.--(1.) On and after the appointed day, the Exchequer Division of
the High Court of Justice shall continue to be a Court of Exchequer for
revenue purposes under this Act, and whenever any vacancy occurs in the
office of any judge of such Exchequer Division, his successor shall be
appointed by Her Majesty on the joint recommendation of the
Lord-Lieutenant of Ireland and the Lord High Chancellor of Great
Britain.

(2.) The judges of such Exchequer Division appointed after the passing
of this Act shall be removable only by Her Majesty on address from the
two Houses of the Imperial Parliament, and shall receive the same
salaries and pensions as those payable at the passing of this Act to the
existing judges of such division, unless with the assent of Her Majesty
in Council first obtained, the Irish Legislature alters such salaries or
pensions, and such salaries and pensions shall be paid out of the moneys
carried to the customs and excise account in pursuance of this Act, and
if the same are insufficient shall be paid out of the Irish Consolidated
Fund, and if not so paid shall be paid out of the Consolidated Fund of
the United Kingdom.

(3.) An alteration of any rules relating to the procedure in such legal
proceedings as are mentioned in this section shall not be made except
with the approval of the Lord High Chancellor of Great Britain, and the
sittings of the Exchequer division and the judges thereof shall be
regulated with the like approval.

(4.) All legal proceedings instituted in Ireland by or against the
Commissioners or any officers of customs or excise, or the Treasury,
shall, if so required by any party to such proceedings, be heard and
determined before the judges of such Exchequer division, or some or one
of them, and any appeal from the decision in any such legal proceeding,
if by a judge, shall lie to the said division, and if by the Exchequer
division, shall lie to the House of Lords, and not to any other
tribunal; and if it is made to appear to such judges, or any of them,
that any decree or judgment in any such proceeding as aforesaid, has not
been duly enforced by the sheriff or other officer whose duty it is to
enforce the same, such judges or judge shall appoint some officer to
enforce such judgment or decree; and it shall be the duty of such
officer to take proper steps to enforce the same, and for that purpose
such officer and all persons employed by him shall be entitled to the
same immunities, powers, and privileges as are by law conferred on a
sheriff and his officers.

(5.) All sums recovered in respect of duties of Customs and Excise, or
under any Act relating thereto, or by an officer of Customs or Excise,
shall, notwithstanding anything in any other Act, be paid to the
Treasury, and carried to the Customs and Excise account under this Act.

_Police_.

21. The following regulations shall be made with respect to Police,
police in Ireland;

(_a._) The Dublin Metropolitan Police shall continue and be subject as
heretofore to the control of the Lord-Lieutenant as representing Her
Majesty for a period of _two years_ from the passing of this Act, and
thereafter until any alteration is made by Act of the Legislature of
Ireland, but such Act shall provide for the proper saving of all then
existing interests, whether as regards pay, pensions, superannuation
allowances, or otherwise.

(_b._) The Royal Irish Constabulary shall, while that force subsists,
continue and be subject as heretofore to the control of the
Lord-Lieutenant as representing Her Majesty.

(_c._) The Irish Legislature may provide for the establishment and
maintenance of a police force in counties and boroughs in Ireland under
the control of local authorities, and arrangements may be made between
the Treasury and the Irish Government for the establishment and
maintenance of police reserves.

* * * * *

PART II.

SUPPLEMENTAL PROVISIONS.

_Powers of Her Majesty_.

[Sidenote: Power over certain lands reserved to Her Majesty.]

22. On and after the appointed day there shall be reserved to Her
Majesty--

(1.) The power of erecting forts, magazines, arsenals, dockyards, and
other buildings for military or naval purposes;

(2.) The power of taking waste land, and, on making due compensation,
any other land, for the purpose of erecting such forts, magazines,
arsenals, dockyards, or other buildings as aforesaid, and for any other
military or naval purpose, or the defence of the realm.

_Legislative Body._

[Sidenote: Veto by first order of Legislative Body, how over-ruled.]

23. If a Bill or any provision of a Bill is lost by disagreement
between the two orders of the Legislative Body, and after a period
ending with a dissolution of the Legislative Body, or the period of
_three years_, whichever period is longest, such Bill, or a Bill
containing the said provision, is again considered by the Legislative
Body, and such Bill or provision is adopted by the second order and
negatived by the first order, the same shall be submitted to the whole
Legislative Body, both orders of which shall vote together on the Bill
or provision, and the same shall be adopted or rejected according to the
decision of the majority of the members so voting together.

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