“(2) Subject to any instructions which may from time to time be given by (Her) Majesty, the Lord-Lieutenant shall give or withhold the assent of (Her) Majesty to Bills passed by the Irish Legislative Body, and shall exercise the prerogatives of (Her) Majesty in respect of the summoning, proroguing, and dissolving of the Irish Legislative Body, and any prerogatives the exercise of which may be delegated to him by (Her) Majesty.”
LORD-LIEUTENANT AND CIVIL LIST.
The restriction as to the religion of the Lord-Lieutenant will, of course, be removed. There is no reason why his term of office should be limited by law. His salary, payable by Ireland, should perhaps be stated in the Act, as in the case of Canada and South Africa, though not in that of Australia. Australia, on the other hand, has a statutory Civil List, and a fixed Civil List was an invariable feature of the old Constitutions given to self-governing Colonies. Canada and South Africa are under no such restrictions, and it would be very inexpedient to impose them upon Ireland.
LEGISLATIVE AUTHORITY.
The Irish Legislature will be given power, according to the historic phrase, “to make laws for the peace, order, and good government of Ireland,” subject to restrictions afterwards named. That the laws should be only “in respect of matters exclusively relating to Ireland or some part thereof” goes without saying, and need not be copied from the Bill of 1893 (Clause 2). Nor need the superfluous proviso in the same clause be reproduced, asserting the “supreme power and authority of the Parliament of the United Kingdom.” The supreme power becomes none the more supreme for such assertions. Clause 2 of the Bill of 1886 is simple and decisive:
“2. With the exceptions of and subject to the restrictions in this Act mentioned, it shall be lawful for (Her) Majesty (the Queen), by and with the advice of the Irish Legislative Body, to make laws for the peace, order, and good government of Ireland, and by any such law to alter and repeal any law in Ireland.”
With the restrictions on the powers of the Legislature I dealt fully enough in Chapter X.,[172] and I need only summarize my conclusions:
1. Reservations of Imperial Authority.—The Irish Legislature should not have power to make laws upon—
{The Crown or a Regency.
{Making of War or Peace.
{Prize and Booty of War.
{Army or Navy.
{Foreign Relations and Treaties (excepting Commercial
Treaties).
{Conduct as Neutrals.
{Titles and Dignities.
{Extradition.
{Treason.
Coinage.
Naturalization and Alienage.
Reservation of the nine subjects included in the bracket is implied, without enactment, in all colonial Constitutions, but in the Irish Bill it is no doubt necessary that all reserved powers should be formally specified.