Now place the new constitution side by side with the old. Assume, as I do assume throughout this chapter, that our new Gladstonian policy works in accordance with the intentions of its authors.
The new constitution abolishes in Ireland the actual and effective control and authority of the Imperial Parliament.
The government of Ireland is under the Home Rule Bill[9] placed in the hands of an executive authority, or, in plain terms, a Cabinet, undoubtedly to be appointed by the Irish Legislature, in the same sense in which an English Cabinet is appointed by the British Parliament, or a New Zealand Cabinet is appointed by the Parliament of New Zealand.[10] For the first time in the whole course of history the administration of Irish affairs is placed in the hands of an Irish Ministry, in the selection of which the Imperial Parliament has no hand or concern whatever. Mr. McCarthy, Mr. Healy, Mr. Redmond, Mr. Davitt, any leader, known or unknown, loyal or disloyal, who commands the confidence of the Irish Legislature, or, as I will venture to term it, the Irish Parliament,[11] will naturally become the Premier of Ireland, and, together with his colleagues, will possess all the authority which belongs to a Parliamentary Executive. On the action of this Irish Cabinet the Bill places, with rare exceptions, either no restrictions at all or restrictions which are only transitory.[12] Speaking generally, we may lay down that, except as to the control of the army, if that be an exception, the Irish Cabinet will, when the constitution gets into full working order, occupy in Ireland the position now occupied by the British Cabinet in regard to the whole United Kingdom. The appointment of officials, the conduct of Irish affairs, all the ordinary functions of government will, with certain exceptions meant for the most part to protect the rights of the Imperial Parliament, be exercised by Irish Ministers responsible to the Irish Parliament; and the British or Imperial Parliament will, in the ordinary course of things, have no more to do with the administration of affairs in Ireland than it has to do with the administration of affairs in New Zealand. The Irish, not the British, Cabinet will decide what are the steps to be taken for the protection throughout Ireland of the rights of property or of personal liberty; the Irish and not the English Cabinet will determine by what means the payment of rent is to be enforced; the Irish and not the English Cabinet will decide what persons are to be prosecuted for crime; the Irish and not the English Cabinet will determine whether the means for enforcing the punishment of crime are adequate, and whether Ireland, or some part of Ireland, say Belfast, requires to be governed by means of a Coercion Act; the Irish and not the English Cabinet will decide with what severity wrong-doers are to be punished, and whether, and under what circumstances, convicted criminals deserve either pardon or mitigation of punishment.