On 6 December 1921 the Articles of Agreement for a Treaty Between Great Britain and Ireland—as the Anglo-Irish Treaty was officially known—were signed by British and Irish representatives thus creating the Irish Free State with Dominion status similar to that pertaining at the time in Canada and Australia. In fact, Article 2 of the Treaty specified that the relationship of the Crown and the imperial parliament to the new Dominion should be that of the United Kingdom and the Dominion of Canada. The new Treaty marked the end of the political struggle between Britain and nationalist Ireland for the future constitutional status of Ireland. It also brought to an end the military struggle between the IRA and British Crown forces. The new political entity would take on a share of the United Kingdom national debt and would not raise a defence force greater, in proportion to the population, than that of the United Kingdom. In order to protect western sea approaches British use of four ports—the so-called Treaty Ports of Queenstown (Cobh), Belfast Lough, Berehaven and Lough Swilly—in peacetime and other facilities in war were guaranteed, but after five years Irish defence of the coast was conceded, subject to agreement by joint conference. The provisions in respect of Northern Ireland maintained the terms of the Government of Ireland Act, which had established Northern Ireland the previous year, for a month after the official establishment of the Irish Free State (this took place when the Irish Free State Constitution Act received royal assent on 5 December 1922). If this happened and the North opted out of the Free State, the status quo of Northern Ireland staying in the United Kingdom would remain. If Ulster chose to join the Free State, the Northern Ireland parliament would remain but as a devolved assembly from Dublin. But if Northern Ireland opted out of the Free State, Article 12 of the Treaty provided for the establishment of a Boundary Commission with three representatives—one from Northern Ireland, one from the Free State with the chairman appointed by the British Government to determine the boundary “in accordance with the wishes of the inhabitants so far as may be compatible with economic and geographic conditions”.1 The following day Northern Ireland exercised its right under the Treaty to remain outside the Irish Free State although for that previous year Northern Ireland had been theoretically part of the new Free State. Ulster unionists, however, were adamant that the constitutional status of Northern Ireland and its borders had been fixed by the Government of Ireland Act the year before and regarded that legislation as the nearest the United Kingdom had to a written constitution.

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The Anglo-Irish Treaty

  • Ivan Gibbons

摘要

On 6 December 1921 the Articles of Agreement for a Treaty Between Great Britain and Ireland—as the Anglo-Irish Treaty was officially known—were signed by British and Irish representatives thus creating the Irish Free State with Dominion status similar to that pertaining at the time in Canada and Australia. In fact, Article 2 of the Treaty specified that the relationship of the Crown and the imperial parliament to the new Dominion should be that of the United Kingdom and the Dominion of Canada. The new Treaty marked the end of the political struggle between Britain and nationalist Ireland for the future constitutional status of Ireland. It also brought to an end the military struggle between the IRA and British Crown forces. The new political entity would take on a share of the United Kingdom national debt and would not raise a defence force greater, in proportion to the population, than that of the United Kingdom. In order to protect western sea approaches British use of four ports—the so-called Treaty Ports of Queenstown (Cobh), Belfast Lough, Berehaven and Lough Swilly—in peacetime and other facilities in war were guaranteed, but after five years Irish defence of the coast was conceded, subject to agreement by joint conference. The provisions in respect of Northern Ireland maintained the terms of the Government of Ireland Act, which had established Northern Ireland the previous year, for a month after the official establishment of the Irish Free State (this took place when the Irish Free State Constitution Act received royal assent on 5 December 1922). If this happened and the North opted out of the Free State, the status quo of Northern Ireland staying in the United Kingdom would remain. If Ulster chose to join the Free State, the Northern Ireland parliament would remain but as a devolved assembly from Dublin. But if Northern Ireland opted out of the Free State, Article 12 of the Treaty provided for the establishment of a Boundary Commission with three representatives—one from Northern Ireland, one from the Free State with the chairman appointed by the British Government to determine the boundary “in accordance with the wishes of the inhabitants so far as may be compatible with economic and geographic conditions”.1 The following day Northern Ireland exercised its right under the Treaty to remain outside the Irish Free State although for that previous year Northern Ireland had been theoretically part of the new Free State. Ulster unionists, however, were adamant that the constitutional status of Northern Ireland and its borders had been fixed by the Government of Ireland Act the year before and regarded that legislation as the nearest the United Kingdom had to a written constitution.