Information about Government of Ireland Act 1920

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Crown of Ireland Act (1542)
Union of the Crowns (1603)
Acts of Union (1707)
Act of Union (1801)
Government of Ireland Act (1920)
Anglo–Irish Treaty (1921)
Royal & Parliamentary Titles Act (1927)

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. 67.) was the second act passed by the Parliament of the United Kingdom to provide for Home Rule in Ireland. It is the act that partitioned Ireland and created Northern Ireland and Southern Ireland, and which led to the creation, eventually, of the Republic of Ireland.

Background

Acts of Parliament of predecessor states to the United Kingdom
Acts of English Parliament to 1601 Acts of English Parliament to 1641 Acts and Ordinances (Interregnum) to 1660 Acts of English Parliament to 1699 Acts of English Parliament to 1706 Acts of Parliament of Scotland Acts of Irish Parliament to 1700 Acts of Irish Parliament to 1800
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1707–1719 \| 1720–1739 \| 1740–1759 1760–1779 \| 1780–1800 \| 1801–1819 1820–1839 \| 1840–1859 \| 1860–1879 1880–1899 \| 1900–1919 \| 1920–1939 1940–1959 \| 1960–1979 \| 1980–1999 2000–Present
Acts of the Scottish Parliament
Acts of the Northern Ireland Parliament
Acts of the Northern Ireland Assembly
Measures of the National Assembly for Wales
Orders in Council for Northern Ireland
United Kingdom Statutory Instruments

**Home Rule Act**
&

Name and origin
Official name of Bill/Act	Government of Ireland Act, 1920
Home rule for where	Ireland into two states Northern Ireland and Southern Ireland
Year	1920
Government introduced	Lloyd George (Liberal-Conservative coalition)
Parliamentary Passage
House of Commons passed?	Yes
House of Lords Passed?	Yes
Royal Assent?	Yes
If defeated
Which House	-
Which stage	-
Final vote	-
Date	-
Details of Bill/Act
Unicameral or bicameral	2 bicameral parliaments
Subdivided if unicameral	none
Name(s)	upper: Senate; lower: House of Commons of Southern Ireland/Northern Ireland
Size(s)	Senate: NI 26; SI 61 Commons: NI 52; SI 128
MPs in Westminster	42 MPs
Executive head	Lord Lieutenant (later replaced by the Governor of Northern Ireland)
executive body	Executive Committee of the Privy Council of Ireland, Privy Council of Northern Ireland
Prime Minister in text	none - but one evolved in Northern Ireland
Responsible executive	no - but de facto responsibility to House of Commons of Northern Ireland
If enacted
Act implemented	failed implementation in Southern Ireland, full in Northern Ireland
Succeeded by

Various attempts had been made to give Ireland limited regional self government, known as home rule, in the late 19th and early 20th centuries. The First Home Rule bill proposed in 1886 had been defeated in the British House of Commons following a split in the Liberal Party, while the Second Home Rule Bill, having been passed by the Commons in 1893 was vetoed by the House of Lords. The 1912 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.^[1] 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 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 Act 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. 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

David Lloyd George, MP
The British Prime Minister 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 1918 General Election and established its own Unilateral Declaration of Independence (UDI) state, the Irish Republic with its own extra-legal parliament, Dáil Éireann.^[2] 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 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 Antrim, Armagh, Down, Fermanagh, Londonderry and Tyrone, and the parliamentary boroughs of Belfast and Londonderry" 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 could be expected to have a safe majority. This was in spite of the fact that counties Fermanagh and 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.^[3] 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

Northern and Southern Ireland

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 MPs 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, King George V 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 Smuts^[4] 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 Republican 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 TDs (Irish 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, which it did, under General Michael Collins. Collins was then legally installed in office by the Lord Lieutenant, 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 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, Lord 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.^[5]

The 1920 Act was partially repealed under the terms of the Northern Ireland Act 1998, after the Belfast Agreement. In the republic the Statute Law Revision Bill 2007 proposes to repeal the Act 70 years after the republic's 1937 Constitution.^[6]

External links

Official text of the Act as amended and in force today in the UK, from the Statute Law Database
Text of the Act as applied in Northern Ireland in 1956
Text of the Act as originally enacted in 1920, from BAILII

References

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

Footnotes

1. ^ 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.
2. ^ 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.
3. ^ 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.
4. ^ Jan 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. 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.
5. ^ ''Robert Lynd Erskine Lowry; ODNB
6. ^ Irish Times 10 January 2007, p4.

• • [ e] Major constitutional laws affecting Ireland
Pre-Union	Poynings' Law (1492) Crown of Ireland Act (1542) Grattan's constitution (1782) Act of Union (1800)
UK Acts	Catholic Relief Act (1829) Irish Church Disestablishment Act (1869) Reform Acts: 1884 and 1918 Government of Ireland Act (1920) Statute of Westminster (1931) Northern Ireland Constitution Act (1973) Northern Ireland Act (1998)
Constitutions	Proclamation of the Irish Republic (1916) Dil Constitution (1919) Free State Constitution (1922) Constitution of Ireland (1937)
Oireachtas Acts	Ministers and Secretaries Act (1924) Courts of Justice Act (1924) External Relations Act (1936) Republic of Ireland Act (1948) Human Rights Act (2003)
Treaties	Anglo–Irish Treaty (1922) European Convention (1950) Treaties of the EU (1973–2003) Belfast Agreement (1998)

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Parliament of the United Kingdom of Great Britain and Northern Ireland

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Government Of Ireland Act 1920