The Bill of 1893, after stating in a preamble that it was “expedient that without impairing or restricting the supreme authority of Parliament an Irish Legislature should be created for such purposes in Ireland as in this Act mentioned,” proposed to set up in Ireland a Legislature[32] consisting of the Sovereign and two Houses, namely a Legislative Council of 48 members to be returned under a restricted franchise by the Irish counties and the boroughs of Dublin and Belfast, and a Legislative Assembly of 103 members to be returned by the existing parliamentary constituencies in Ireland. A Bill introduced into the Irish Legislature was to pass both Houses; but in the event of disagreement the proposals of the Legislative Assembly were to be submitted, after a dissolution or a delay of two years, to a joint Session of the two Houses. The executive power was to remain in the Crown, aided and advised by an Irish Ministry (called an Executive Committee of the Privy Council of Ireland), and the assent of the Crown to Irish legislation was to be given or withheld on the advice of this Executive Committee subject to any instructions given by the Sovereign.
The specific reservations and restrictions were contained in clauses 3 and 4 of the Bill, which were as follows:—
“3. The Irish
Legislature shall not have power to make laws in
respect of the following
matters or any of them:—
“(1) The Crown,
or the succession to the Crown, or a Regency; or
the Lord Lieutenant
as representative of the Crown; or
“(2) The making of peace or war or matters arising from a state of war; or the regulation of the conduct of any portion of Her Majesty’s subjects during the existence of hostilities between foreign States with which Her Majesty is at peace, in respect of such hostilities; or
“(3) Navy, army, militia, volunteers, and any other military forces, or the defence of the realm, or forts, permanent military camps, magazines, arsenals, dockyards, and other needful buildings, or any places purchased for the erection thereof; or
“(4) Authorising
either the carrying or using of arms for military
purposes, or the formation
of associations for drill or practice
in the use of arms for
military purposes; or
“(5) Treaties or any relations with foreign States or the relations between different parts of Her Majesty’s dominions, or offences connected with such treaties or relations, or procedure connected with the extradition of criminals under any treaty; or
“(6) Dignities or titles of honour; or
“(7) Treason,
treason-felony, alienage, aliens as such, or
naturalisation; or
“(8) Trade with
any place out of Ireland; or quarantine, or
navigation, including
merchant shipping (except as respects inland
waters and local health
or harbour regulations); or