Decision of Constitutional Questions.

[Sidenote:  Constitutional 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:—­

     (a.) If any such question arises on any Bill passed by the
     Legislative Body, the Lord-Lieutenant may refer such question to
     Her Majesty in Council;

(b.) If, in the course of any action or other legal proceeding, such question arises on any Act of the Irish Legislature, any party to such action or other legal proceeding may, subject to the rules in this section mentioned, appeal from a decision on such question to Her Majesty in Council;

(c.) If any such question arises otherwise than as aforesaid on any Act of the Irish Legislature, the Lord-Lieutenant or one of Her Majesty’s principal Secretaries of State may refer such question to Her Majesty in Council;

     (d.) Any question referred or appeal brought under this section to
     Her Majesty in Council shall be referred for the consideration of
     the Judicial Committee of the Privy Council;

(e.) The decision of Her Majesty in Council on any question referred or appeal brought under this section shall be final, and a Bill which may be so decided to be, or contain a provision, in excess of the powers of the Irish Legislature shall not be assented to by the Lord-Lieutenant; and a provision of any Act which is so decided to be in excess of the powers of the Irish Legislature shall be void;

(f.) There shall be added to the Judicial Committee when sitting for the purpose of considering questions under this section, such members of Her Majesty’s Privy Council, being or having been Irish judges, as to Her Majesty may seem, meet.

(g.) Her Majesty may, by Order in Council from time to time, make rules as to the cases and mode in which and the conditions under which, in pursuance of this section, questions may be referred and appeals brought to Her Majesty in Council, and as to the consideration thereof by the Judicial Committee of the Privy Council, and any rules so made shall be of the same force as if they were enacted in this Act.

     (h.) An appeal shall not lie to the House of Lords in respect of
     any question in respect of which an appeal can be had to Her
     Majesty in Council in pursuance of this section.

Lord-Lieutenant.

[Sidenote:  Office of Lord-Lieutenant.]

26.—­(1.) Notwithstanding anything to the contrary contained in any Act of Parliament, every subject of Her Majesty shall be eligible to hold and enjoy the office of Lord-Lieutenant of Ireland, without reference to his religious belief.

(2.) The salary of the Lord-Lieutenant shall continue to be charged on the Consolidated Fund of the United Kingdom, and the expenses of his household and establishment shall continue to be defrayed out of moneys to be provided by Parliament.