Present Irish Questions Part 11

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 pa.s.sing 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 pa.s.sing 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 these moneys are insufficient, out of the Consolidated Fund of Ireland, and if not so paid, shall be paid out of the 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 pa.s.sing 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 pa.s.sing 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.]

[Sidenote: 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 princ.i.p.al 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 subst.i.tuted 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 princ.i.p.al 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 princ.i.p.al as from time to time remains unpaid at the rate of _three_ per cent. per annum, and such instalments of princ.i.p.al 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 pa.s.s 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 a.s.sent 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 pa.s.sing 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 pa.s.sing of this Act to the existing judges of such division, unless with the a.s.sent 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 inst.i.tuted in Ireland by or against the Commissioners or any officers of Customs or Excise, or the Treasury, shall, if so required by any party in 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 ent.i.tled 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._

[Sidenote: Police.]

=21.=--The following regulations shall be made with respect to 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 pa.s.sing 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, a.r.s.enals, 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, a.r.s.enals, 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 overruled.]

=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.

[Sidenote: Cesser of power of Ireland to return members to Parliament.]

=24.=--On and after the appointed day Ireland shall cease, except in the event hereafter in this Act mentioned, to return representative peers to the House of Lords or members to the House of Commons, and the persons who on the said day are such representative peers and members shall cease as such to be members of the House of Lords and House of Commons respectively.

Decision of Const.i.tutional Questions.

[Sidenote: Const.i.tutional questions to be submitted to Judicial Committee.]

=25.= Questions arising as to the powers conferred on the Legislature of Ireland under this Act shall be determined as follows:--