Formation
Article 17 of the Anglo-Irish Treaty stipulated that, between its ratification and the eventual creation of the Free State, ".. steps shall be taken forthwith for summoning a meeting of members of parliament elected for constituencies in Southern Ireland since the passing of the Government of Ireland Act, 1920, and for constituting a Provisional Government..."
The Provisional Government was then constituted on 14 January 1922. That meeting was not convened as a meeting of the House of Commons of Southern Ireland nor as a meeting of the Dáil. Instead, it was convened by Arthur Griffith as “Chairman of the Irish Delegation of Plenipotentiaries” (who had signed the Treaty) under the terms of the Treaty. Notably it was not convened by Lord Fitzalan, the Lord Lieutenant of Ireland who under the Government of Ireland Act 1920 was the office-holder with the entitlement to convene a meeting of the House of Commons of Southern Ireland. The intention was to merge legally both parliaments to select the ministers for the Provisional Government, but the reality was that the existing pro-Treaty ministers would continue in their posts.
At this meeting the Anglo-Irish Treaty was ratified by the Irish side in accordance with the Treaty, the Provisional Government was elected and Michael Collins was appointed its Chairman. The Provisional Government took up office two days later on 16 January 1922 when British administration handed over Dublin Castle to Collins in person.
Notwithstanding its establishment in January 1922, the British Government had not formally transferred any powers to the Provisional Government. The British Government could only do so when the British Parliament had approved the transitional arrangements following from the Anglo-Irish Treaty. This became law on 1 April 1922 under the Irish Free State (Agreement) Act 1922 (12 & 13 Geo. 5. c.4.). The following day by Order in Council a range of governmental powers were transferred to the Provisional Government by the British Government. The several members of the Provisional Government were accordingly re-appointed on that date and these appointments were formally announced in the Dublin Gazette a few days later.
Read more about this topic: Provisional Government Of Southern Ireland
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