A Leap in the Dark eBook

A. V. Dicey
This eBook from the Gutenberg Project consists of approximately 233 pages of information about A Leap in the Dark.

A Leap in the Dark eBook

A. V. Dicey
This eBook from the Gutenberg Project consists of approximately 233 pages of information about A Leap in the Dark.

[62] Bill, clause 30.

[63] This is technically expressed in the Bill by the provision that ’the two forces [viz. the Royal Irish Constabulary and the Dublin Metropolitan Police] shall, while they continue, be subject to the control of the Lord Lieutenant as representing Her Majesty.’  As to the military or naval forces of the Crown, the Bill contains no provision, but it cannot, it is submitted, be doubted that they will remain subject to the Imperial Government, and, except with the sanction of the Imperial Government, will not be subject to the control of the Irish Executive.

[64] See Bill, clauses 1-5, and as to the Restrictions on its legislative power, see pp. 80-110, post.

[65] See two excellent articles in the Spectator of February 25 and March 4, 1893.

[66] Of course all these statements are to be taken subject to the Restrictions placed on the powers of the Irish Legislature by Bill, clauses 3, 4, pp. 197, 198 post.

[67] These Restrictions, or safeguards, deprive Ireland of powers in fact possessed by the Legislature of any self-governing colony, and I believe by the Isle of Man or Jersey. [Compare the Home Rule Bill 1893, clause 3, sub-clause (3) (p. 197, post,) as it appears in the original Bill, with the same clause as amended by the House of Commons and sent up to the House of Lords.  The original clause forbids the Irish Parliament to make any law in respect (inter alia) of ’naval or military forces or the defence of the realm.’  The clause as amended by the House of Commons forbids the Irish Parliament to make any law in respect of ’(3.) Navy, Army, Militia, Volunteers, and any other military forces, or the defence of the realm, or forts, or permanent military camps, magazines, arsenals, dockyards, and other needful buildings, or any places purchased for the erection thereof.’

In 1893, Unionists and Gladstonians alike were determined that on no pretence whatever should an Irish Parliament be allowed to raise an Irish army, even of volunteers.  The very name of ‘volunteers,’ and the history of 1780-82, explain and justify their prudence.

[68] Clause 4, sub-clause (1) to (4).

[69] For the details of the Restrictions contained in clauses 3 and 4 the reader should study carefully the terms of the Bill itself.  See Bill, in Appendix.

[70] In more than one case it is pretty clear that the Restrictions are in themselves ineffective.  Take these instances:—­

1.  The Restrictions do not really prevent the drilling of an armed force.  The Act which makes drilling illegal is a statute of 1819, 60 Geo. III. 1 Geo. IV. c. 1.  This Act applies to Ireland and cannot (it is submitted) be repealed by the Irish Parliament.  But this statute of 1819 might easily be evaded, for by sec. 1 meetings for training and drilling may be allowed by any two Justices of the Peace.  The Irish Executive might, and probably would, appoint plenty
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A Leap in the Dark from Project Gutenberg. Public domain.