Background
Under the Irish Republic's Dáil Constitution adopted in 1919, Dáil Éireann continued to exist after it had ratified the Anglo-Irish Treaty. In protest at the ratification, Éamon de Valera resigned the presidency of the Dáil then sought re-election from among its members (to clarify his mandate), but Arthur Griffith defeated him in the vote and assumed the presidency. (Griffith called himself President of Dáil Éireann rather than de Valera's more exalted President of the Republic.)
Most of the Dáil Ministers became concurrently Ministers of this Provisional Government. Michael Collins became Chairman of the Provisional Government (i.e. prime minister). He also remained Minister for Finance of Griffith's republican administration. An example of the complexities involved can be seen even in the manner of his installation. In theory he was a Crown-appointed prime minister, installed under the Royal Prerogative. To be so installed, he had to formally meet the Lord Lieutenant of Ireland, Viscount Fitzalan of Derwent (the head of the British administration in Ireland). According to republican history, Collins met Fitzalan to accept the surrender of Dublin Castle, the seat and symbol of British government in Ireland. According to British constitutional theory, he met Fitzalan to 'kiss hands' (the formal name for the installation of a minister of the Crown), the fact of their meeting rather than the signing of any documents, duly installing him in office. Subsequent to the surrender, British soldiers and the Royal Irish Constabulary (which was being disbanded) were called upon again by the Provisional Government to man the guard at Dublin Castle.
There was no other legal mechanism for the transfer of power than kissing hands, as the British "Irish Free State (Agreement) Act 1922" that covered the transition was passed in March and only came into force on 1 April 1922. The relevant Order in Council signed on 1 April was the "Provisional Government (Transfer of Functions) Order, 1922". This Order passed on the full authority of the state within Southern Ireland to the Provisional Government, including, for the time being, all the laws that applied to Ireland when under British rule.
Read more about this topic: Provisional Government Of Southern Ireland
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