Irish Free State

The Irish Free State (Irish: Saorstát Éireann pronounced [ˈsi:ɾsta:t ˈeːɾən ] /sírstat éran/; in English, Irish Free State) was the name of the independent country located on the island of Ireland that separated from the United Kingdom in 1922, after several centuries of British rule. The State was a member of the British Commonwealth of Nations and, in a situation similar to Canada, Australia or New Zealand, recognized the monarch of the United Kingdom as the head of State and sovereign of the Irish people.

In 1937, after fifteen years of this system of government, the country seceded from the Commonwealth of Nations and the office of President of Ireland was created. In 1949, after some years of uncertainty about its form of government, the country formally became a republic, adopting its current name, Ireland.

Background

The 1916 Easter Rising and its aftermath caused a profound shift in public opinion towards the republican cause in Ireland. In the general election of December 1918, the republican party Sinn Féin won a large majority of the Irish seats in the British Parliament: 73 of 105 constituencies welcomed Sinn Féin members (25 unopposed). Elected Sinn Féin MPs, instead of taking their seats in Westminster, created their own assembly, known as the Dáil Éireann (Irish Assembly). It affirmed the formation of an Irish Republic and approved a Declaration of Independence. The subsequent War of Independence, fought between the Irish Republican Army (IRA) and British security forces, continued until July 1921, when a truce came into effect. By then the Northern Ireland Parliament, established under the Government of Ireland Act 1920, had been inaugurated, which was a fait accompli for the republican movement and guaranteed a British presence in Ireland. Negotiations between members of the British government and those of the Dáil began in London in October, culminating in the signing of the Anglo-Irish Treaty on 6 December 1921.

The Treaty allowed for the creation of a separate state to be called the Irish Free State, with Dominion status, within the then British Empire, a status equivalent to that of Canada. The Parliament of Northern Ireland could opt, by submitting a writ to the King, not to be included in the Free State, in which case a Boundary Commission would be established to determine where the border should be between the two. Members of the Free State parliament would have to take an oath of allegiance to the king, albeit with a modification of the oath taken in other domains.

The Dáil ratified the Treaty on 7 January 1922, causing a split in the republican movement. A Provisional Government is formed, chaired by Michael Collins.

Northern Ireland's “non-union”

On December 6, 1922, for several days, Northern Ireland ceased to be part of the United Kingdom and became part of the newly created Irish Free State. This exceptional constitutional episode happened because of the Anglo-Irish Treaty and legislation introduced to give the treaty legal effect.

The Treaty came into effect in the United Kingdom through the Constitution Act 1922 of the Irish Free State. The act established a new rule of the entire island of Ireland, but also allowed Northern Ireland not to participate in or join the Free State. Under Article 12 of the Treaty, Northern Ireland submitted a letter to the King requesting not to become part of the Irish Free State. Once the Treaty was ratified, the Northern Ireland Parliament had a month to exercise its "non-union" during which the Irish Free State government failed to legislate for Northern Ireland, leaving the effective jurisdiction of the Free State in disuse for a month.

The Prime Minister of Northern Ireland, James Craig, speaking to Parliament in October 1922, said that once December 6th passed, the month for deciding whether or not to join the Irish Free State began. It was extremely important to Craig that the decision be made as soon as possible after December 6th. On December 7, 1922 (one day after the establishment of the Free State), Parliament unhesitatingly demonstrated its position not to join the Irish Free State, making the following submission to the King:

VERY LOVE TO SOBERANO, we, His most obedient and loyal subjects, the Senators and Comunes of Northern Ireland at a parliamentary meeting... ask His Majesty that the powers of Parliament and the Government of the Irish Free State are not extended to Northern Ireland.

On December 13, 1922, Prime Minister Craig addressed Parliament telling them that the King had responded to his communication. In this way the Parliament of Northern Ireland decides not to join the new Irish Free State and to remain together with the United Kingdom.

Government and Constitutional Structures

Passport of the Irish Free State in 1927

The structures of the former Irish Free State were outlined in the Treaty and in the Constitution Act of the Irish Free State. This established for a constitutional monarchy, with a parliament of three levels, called Oireachtas, formed by the king and two houses: Dáil Éireann and Seanad Éireann (the Irish Senate). Executive authority was exercised by the king, and the exercise of power by a cabinet called the Executive Council, chaired by a prime minister called the president of the Executive Council.

Representative of the Crown

The office of Governor General of the Irish Free State replaced the previous Lord Lieutenant, who had headed the English and British administrations in Ireland since the Middle Ages. Governors General were appointed by the King initially with the advice of the British government, but with the consent of the Irish government. From 1927 only the Irish government had the power to advise the King whom to appoint.

Oath of Allegiance

As with all domains, an Oath of Allegiance was drawn up. Within the domains, parliamentarians personally swore these oaths to the monarch. The Irish loyalty oath was fundamentally different. It had two elements; the first, an oath to the Free State, as provided by law, the second part a pledge of fidelity, to his Majesty, King George V, his heirs and successors. That second element of fidelity, however, was qualified in two ways. It was for the King of Ireland, not specifically for the King of the United Kingdom. Second, it was for the King explicitly in his role as part of the Treaty agreement, not in terms of pre-1922 British rule. The oath itself came from a combination of three sources and was largely the work of Michael Collins. in the Treaty negotiations. It comes in part from a draft oath suggested before the negotiations by President de Valera. Collins took other sections directly from the Oath of the Irish Republican Brotherhood (IRB), of which he was the secret head. In its structure, it was also partially based on the form and structure used for the 'domain state'.

Although "a new exit", and notably the indirect one in its reference to the monarchy, it was criticized by nationalists and republicans for mentioning the Crown: it was alleged that it was a direct oath to the Corona, a fact demonstrably incorrect by an examination of its wording, but in the Ireland of 1922 and beyond it was perception, not reality, that influenced public debate on the subject. Had its original author, Michael Collins, survived, he might have been able to clarify its real meaning, but with his assassination in August 1922 no major negotiator for the creation of the Oath on the Irish side was still alive, available, or pro-Treaty. (The leader of the Irish delegation, Arthur Griffith, had also died in August 1922.) The oath became a key issue in the resulting Irish civil war which divided the sides for and against the treaty in 1922–23.

Irish Civil War

Michael Collins Funeral in Dublin in 1922

The compromises contained in the agreement sparked civil war in the 26 counties in June 1922 - April 1923, in which the pro-Treaty Provisional Government defeated anti-Treaty Republican forces. The latter were headed, nominally, by Éamon de Valera, who had resigned as President of the Republic after the ratification of the treaty. His resignation outraged some of his own supporters, in particular Seán T. O'Kelly, the main organizer of Sinn Féin. Resigning, he sought re-election, but was defeated two days later by a vote of 60 to 58. Pro-Treaty Arthur Griffith went on as President of the Republic of Ireland. Michael Collins was elected at a meeting of members elected to sit in the Southern Ireland House of Commons (a body created under the Government of Ireland Act 1920) to become Chairman of the Provisional Government of the Irish Free State in accordance with the Treaty. The June general elections gave overwhelming support to pro-Treaty parties. The Crown-appointed Provisional Government of W. T. Cosgrave effectively subsumed Griffith's republican administration with the death of Collins and Griffith in August 1922.

Foreign relations

Recognition by the Argentine Republic

On June 8, 1949, the Argentine government enacted Law 13,516 establishing diplomatic relations with the Irish Free State and creating a legation in the city of Dublin.