Present Irish Questions Part 18

=27.=--(1) All existing judges of the Supreme Court, County Court judges, and Land Commissioners in Ireland, and all existing officers serving in Ireland in the permanent Civil Service of the Crown and receiving salaries charged on the Consolidated Fund of the United Kingdom, shall, if they are removable at present on address from both Houses of Parliament, continue to be removable only upon such address, and if removable in any other manner shall continue to be removable only in the same manner as heretofore; and shall continue to receive the same salaries, gratuities, and pensions, and to be liable to perform the same duties as heretofore, or such duties as Her Majesty may declare to be a.n.a.logous, and their salaries and pensions, if and so far as not paid out of the Irish Consolidated Fund, shall be paid out of the Exchequer of the United Kingdom: Provided that this section shall be subject to the provisions of this Act with respect to the Exchequer judges.

(2) If any of the said judges, commissioners, or officers retires from office with the Queen's approbation before completion of the period of service ent.i.tling him to a pension, Her Majesty may, if she thinks fit, grant to him such pension, not exceeding the pension to which he would on that completion have been ent.i.tled, as to Her Majesty seems meet.

[Sidenote: As to persons holding Civil Service appointments.]

=28.=--(1) All existing officers in the permanent Civil Service of the Crown, who are not above provided for, and are at the appointed day serving in Ireland, shall, after that day, continue to hold their offices by the same tenure, and to receive the same salaries, gratuities, and pensions, and to be liable to perform the same duties as heretofore, or such duties as the Treasury may declare to be a.n.a.logous; and the said gratuities and pensions, and until three years after the pa.s.sing of this Act, the salaries due to any of the said officers if remaining in his existing office, shall be paid to the payees by the Treasury out of the Exchequer of the United Kingdom.

(2) Any such officer may, after _three years_ from the pa.s.sing of this Act, retire from office, and shall, at any time during those three years, if required by the Irish Government, retire from office, and on any such retirement may be awarded by the Treasury a gratuity or pension in accordance with the Fifth Schedule to this Act: Provided that--

(_a_) Six months' written notice shall, unless it is otherwise agreed, be given either by the said officer or by the Irish Government, as the case requires; and

(_b_) Such number of officers only shall retire at one time, and at such intervals of time as the Treasury, in communication with the Irish Government, sanction.

(3) If any such officer does not so retire, the Treasury may award him, after the said three years, a pension in accordance with the Fifth Schedule to this Act, which shall become payable to him on his ultimate retirement from the service of the Crown.

(4) The gratuities and pensions awarded in accordance with the Fifth Schedule to this Act shall be paid by the Treasury to the payees out of the Exchequer of the United Kingdom.

(5) All sums paid out of the Exchequer of the United Kingdom in pursuance of this section shall be repaid to that Exchequer from the Irish Exchequer.

(6) This section shall not apply to officers retained in the service of the Government of the United Kingdom.

[Sidenote: As to existing pensions and superannuation allowances.]

=29.= Any existing pension granted on account of service in Ireland as a judge of the Supreme Court or of any Court consolidated into that Court, or as a County Court judge, or in any other judicial position, or as an officer in the permanent Civil Service of the Crown other than in an office the holder of which is after the appointed day retained in the service of the Government of the United Kingdom, shall be charged on the Irish Consolidated Fund, and if and so far as not paid out of that fund, shall be paid out of the Exchequer of the United Kingdom.

_Police._

[Sidenote: As to police.]

=30.=--(1) The forces of the Royal Irish Constabulary and Dublin Metropolitan Police shall, when and as local police forces are from time to time established in Ireland in accordance with the Sixth Schedule to this Act, be gradually reduced and ultimately cease to exist as mentioned in that Schedule; and after the pa.s.sing of this Act, no officer or man shall be appointed to either of these forces; Provided that until the expiration of _six_ years from the appointed day, nothing in this Act shall require the Lord-Lieutenant to cause either of the said forces to cease to exist, if as representing Her Majesty the Queen he considers it inexpedient.

(2) The said two forces shall, while they continue, be subject to the control of the Lord-Lieutenant as representing Her Majesty, and the members thereof shall continue to receive the same salaries, gratuities, and pensions, and hold their appointments on the same tenure as heretofore, and these salaries, gratuities, and pensions, and all the expenditure incidental to either force, shall be paid out of the Exchequer of the United Kingdom.

(3) When any existing member of either force retires under the provisions of the Sixth Schedule to this Act, the Treasury may award to him a gratuity or pension in accordance with that Schedule.

(4) Those gratuities and pensions and all existing pensions payable in respect of service in either force, shall be paid by the Treasury to the payees out of the Exchequer of the United Kingdom.

(5) Two-thirds of the net amount payable in pursuance of this section out of the Exchequer of the United Kingdom shall be repaid to that Exchequer from the Irish Exchequer.

_Miscellaneous._

[Sidenote: Irish Exchequer Consolidated Fund and Audit.]

31. Save as may be otherwise provided by Irish Act--

(_a_) The existing law relating to the Exchequer and Consolidated Fund of the United Kingdom shall apply with the necessary modifications to the Exchequer and Consolidated Fund of Ireland, and an officer shall be appointed by the Lord-Lieutenant to be the Irish Comptroller and Auditor-General; and

[Sidenote: 29 & 30 Vict. c. 39]

(_b_) The accounts of the Irish Consolidated Fund shall be audited as appropriation accounts in manner provided by the Exchequer and Audit Departments Act, 1866, by or under the direction of such officer.

[Sidenote: Law applicable to both Houses of Irish Legislature.]

=32.=--(1) Subject as in this Act mentioned and particularly to the Seventh Schedule to this Act (which Schedule shall have full effect), all existing election laws relating to the House of Commons and the members thereof shall, so far as applicable, extend to each of the two Houses of the Irish Legislature and the members thereof, but such election laws so far as hereby extended may be altered by Irish Act.

(2) The privileges, rights, and immunities to be held and enjoyed by each House and the members thereof shall be such as may be defined by Irish Act, but so that the same shall never exceed those for the time being held and enjoyed by the House of Commons, and the members thereof.

[Sidenote: Supplemental provisions as to powers of Irish Legislature.]

=33.=--(1) The Irish Legislature may repeal or alter any provision of this Act which is by this Act expressly made alterable by that Legislature, and also any enactments in force in Ireland, except such as either relate to matters beyond the powers of the Irish Legislature, or being enacted by Parliament after the pa.s.sing of this Act, may be expressly extended to Ireland. An Irish Act notwithstanding it is in any respect repugnant to any enactment excepted as aforesaid, shall, though read subject to that enactment, be, except to the extent of that repugnancy, valid.

(2) An order, rule, or regulation, made in pursuance of, or having the force of, an Act of Parliament, shall be deemed to be an enactment within the meaning of this section.

(3) Nothing in this Act shall affect Bills relating to the divorce or marriage of individuals, and any such Bill shall be introduced and proceed in Parliament in like manner as if this Act had not been pa.s.sed.

[Sidenote: Limitation of borrowing by local authorities.]

=34.= The local authority for any county or borough or other area shall not borrow money without either--

(_a_) A special authority from the Irish Legislature, or

(_b_) The sanction of the proper department of the Irish Government;

and shall not, without such special authority, borrow:

(i.) In the case of munic.i.p.al borough or town or area less than a county, any loan which together with the then outstanding debt of the local authority, will exceed twice the annual rateable value of the property, in the munic.i.p.al borough, town, or area; or

(ii.) In the case of a county or larger area, any loan which together with the then outstanding debt of the local authority, will exceed one-tenth of the annual rateable value of the property in the county or area; or

(iii.) In any case a loan exceeding one-half of the above limits without a local inquiry held in the county, borough, or area by a person appointed for the purpose by the said department.

_Transitory Provisions._

[Sidenote: Temporary restriction on powers of Irish Legislature and Executive.]

=35.=--(1) During _three_ years from the pa.s.sing of this Act, and if Parliament is then sitting until the end of that session of Parliament, the Irish Legislature shall not pa.s.s an Act respecting the relations of landlord and tenant, or the sale, purchase, or letting of land generally; Provided that nothing in this section shall prevent the pa.s.sing of any Irish Act with a view to the purchase of land for railways, harbours, water-works, town improvements, or other local undertakings.

(2) During _six_ years from the pa.s.sing of this Act, the appointment of a judge of the Supreme Court or other Superior Courts in Ireland (other than one of the Exchequer judges) shall be made in pursuance of a warrant from Her Majesty countersigned as heretofore.

[Sidenote: Transitory provisions.]

=36.=--(1) Subject to the provisions of this Act Her Majesty the Queen in Council may make or direct such arrangements as seem necessary or proper for setting in motion the Irish Legislature and Government and for otherwise bringing this Act into operation.

(2) The Irish Legislature shall be summoned to meet on the _first Tuesday in September, one thousand eight hundred and ninety-four_, and the first election of members of the two Houses of the Irish Legislature shall be held at such time before that day as may be fixed by Her Majesty in Council.

(3) Upon the first meeting of the Irish Legislature the members of the House of Commons then sitting for Irish const.i.tuencies, including the members for Dublin University, shall vacate their seats, and writs shall, as soon as conveniently may be, be issued by the Lord Chancellor of Ireland for the purpose of holding an election of members to serve in Parliament for the const.i.tuencies named in the Second Schedule of this Act.

(4) The existing Chief Baron of the Exchequer, and the senior of the existing puisne judges of the Exchequer Division of the Supreme Court, or if they or either of them are or is dead or unable or unwilling to act, such other of the judges of the Supreme Court as Her Majesty may appoint, shall be the first Exchequer judges.