[40] i.e. in 1893.
[41] Mr. Morley at Newcastle, The Times, April 22, 1886.
[42] Now Lord Morley of Blackburn.
[43] i.e. in 1893, and as they continue to be in 1911.
[44] Mr. Morley at Newcastle, The Times, April 22, 1886. [Morley’s argument applied primarily, no doubt, to the Home Rule Bill of 1886; its force, however, was infinitely strengthened as applied to the Home Rule Bill of 1893 by the change which retained eighty Irish members at Westminster with unrestricted powers of legislation. The tenor of his argument applies, I contend with confidence, to any Home Rule Bill which shall propose to give Ireland a real Irish Parliament led by an Irish Cabinet, and at the same time to retain representatives of Ireland as members of the British Parliament.]
[45] See p. 43, ante.
[46] See Motley’s speech, Times, April 22, 1886.
[47] See Bill, Third Schedule.
[48] This is at any rate the opinion of Mr. Redmond expressed in the Nineteenth Century, Oct. 1892.
[49] Bill, clause 9, sub-clause (3).
[50] The authors of the Home Rule Bill foresee the possibility of such an erroneous decision. They have carefully provided that such an error shall have no legal effect. Clause 9, sub-clause (4), ’Compliance with the provisions of this section shall not be questioned otherwise than in each House in manner provided by the House,’ is in reality a provision sanctioning the grossest unfairness. Its effect is that a British Bill passed solely by virtue of the Irish vote is, on its becoming an Act, good law, in spite of its having been passed in violation of the constitutional rule laid down in clause 9, sub-clause (3), that an Irish member shall not be entitled to deliberate or vote on any Bill the operation of which is confined to Great Britain.
[51] Compare Bill, clause 9, sub-clause (3), and sub-clause (4), which provides that ’compliance with the provisions of this section shall not be questioned otherwise than in each House in manner provided by the House.’
[52] 23 Geo. III. c. 28.
[53] The reader, in order to understand this account of the proposed constitution of 1886, should remember that under that constitution there were in effect, though not in name, constituted three different Parliaments, which must be carefully distinguished.
1. The British
Parliament at Westminster, containing no Irish
members, which was to
legislate for Great Britain and for the whole
British Empire except
Ireland.
2. The Irish Parliament at Dublin, containing no British representatives, which was to legislate for Ireland, but which was not to legislate for England, Scotland, or for any other part of the British Empire, and was not to have any voice whatever in the general policy of the Empire.
3. The Imperial Parliament also