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 transfer powers to the Provisional Government of Southern Ireland;
- the Parliament of Southern Ireland 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 from the new Dominion and rejoin the United Kingdom.
| “ | 11. Until the expiration of one month from the passing of the Act of Parliament for the ratification of this instrument, the powers of the Parliament and the Government of the Irish Free State shall not be exercisable as respects Northern Ireland, and the provisions of the Government of Ireland Act, 1920, shall, so far as they relate to Northern Ireland, remain of full force and effect, and no election shall be held for the return of members to serve in the Parliament of the Irish Free State for constituencies in Northern Ireland, unless a resolution is passed by both Houses of the Parliament of Northern Ireland in favour of the holding of such elections before the end of the said month. | ” |
| “ | 12. If before the expiration of the said month, an address is presented to His Majesty by both Houses of the Parliament of Northern Ireland to that effect, the powers of the Parliament and Government of the Irish Free State shall no longer extend to Northern Ireland, and the provisions of the Government of Ireland Act, 1920 (including those relating to the Council of Ireland), shall so far as they relate to Northern Ireland, continue to be of full force and effect, and this instrument shall have effect subject to the necessary modifications. | ” |
Read more about this topic: Irish Free State (Agreement) Act 1922
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