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Britain "in breach of Anglo-Irish Treaty
of 1921"
The Northern Ireland Act, 1972, recently passed at
Westminster, is a breach of the Anglo-Irish Treaty,
1921, and on the basis of this, the Irish Government
can bring the British Government before the World
Court for an infringement of international law.
This view was expressed last night by Mr. Kevin
Boyle, lecturer in law, at Queens University, and an
executive member of the Northern Ireland Civil Rights
Association.
Mr. Boyle said that the traditional Unionist conten-
tion that the South had no right to interfere in the
internal affairs of Northern Ireland was invalid, as the
1921 Treaty explicitly gave it this right and he said
that legally the Dublin Government must be consulted
now, if any interference with the powers of Stormont
is contemplated by Westminster.
This analysis of the constitutional position has been
confirmed in the last few days by international law
experts at Queen's, Cambridge and Oxford Universities.
The Northern Ireland Act 1972
Mr. Boyle, outlining his argument, told us in an
exclusive interview :
"The Northern Ireland Act, 1972, which last week
was rushed through the Westminster Parliament, may
open up a new sore with the Republic of Ireland. It is
my contention that the Act is in breach of an inter-
national treaty with the Republic, whose remedy now
lies in diplomatic protest or in international judicial
proceedings.
"The Northern Ireland Act, 1972, allows the North-
ern Ireland Parliament to confer 'powers, authorities,
privileges or immunities' on the armed forces of the
United Kingdom.
"Prior to this Act, any legislation with respect to the
Army was outside the competence of the Northern
Ireland Parliament and reserved by the Constitution of
Northern Ireland—the Government of Ireland Act,
1920—to Westminster.
"The Northern Ireland Act was passed following the
decision of the High Court of Northern Ireland in the
case of Queen and Hume, declaring that the use by the
Army of powers under the Northern Ireland legislation,
the Secial Powers Act, was illegal.
"By passing this new Act, enhancing the powers of
the Northern Ireland Government and Parliament, the
United Kingdom Government is in clear breach of the
Articles of Agreement between Great Britain and Ire-
land, dated 6th December 1921, as amended by Agree-
ments in 1925 and 1938.
"The 1921 Treaty followed on a period of armed
conflict in Southern Ireland, when Sinn Fein rejected
the settlement for Ireland proposed in the Government
of Ireland Act, 1920. This conflict was resolved by a
truce followed by the famous negotiations conducted
for the British by Lloyd George and for the Irish by
Arthur Griffith and Michael Collins.
"The negotiations led to the Articles of Agreement
signed by both sides on 6th December 1921 and em-
bodied in the Irish Free State (Agreement) Act, 1922.
bv the British Parliament. This was the British point of
view.
Government of Ireland Act
1920
not to be altered
"Under the Treaty, the Irish Free State was consti-
tuted as a Dominion, and by Article 12, Northern
Ireland, which by then had been functioning under its
own Parliament for some months was given a choice in
relation to the new entity. It might either join the Free
State or opt out of any relation with it.
"If it chose the latter course (as it was to do), then
Article 12 provided, inter alia, that 'the provisions of
the Government of Ireland Act, 1920 (including those
relating to the Council of Ireland), shall, so far as they
relate to Northern Ireland, continue to be of full force
and effect.'
"The crucial importance of Article 12 at the time
was explained in a Cabinet memorandum of March
1922. 'It was clearly agreed with Mr. Griffith that, if
Northern Ireland declined to enter the Irish Free State,
her position must remain as created by the Government
of Ireland Act, 1920, without alterations.
" 'Her powers, privileges and revenues, were to be no
greater and no less than they would have been under
that Act.' The understanding was explicit, for the
Government of Northern Ireland had formally deman-
ded in their letter of November 11th an equality of
status with the Irish Free State and 'the transfer or
reserved services.'
"There was no secrecy in the understanding, which
was notified to the Government of Northern Ireland in
the letter of December 5th, under cover of which the
Treaty was conveyed to Sir James Craig. 'You will
observe,' wrote the Prime Minister in that letter, 'that
there are two alternatives between which the Govern-
ment of Northern Ireland is invited to choose.
" 'Under the first, retaining all her existing powers,
she will enter the Irish Free State with such additional
guarantees as may be arranged in conference. Under
the second alternative, she will still retain her present
powers, but in respect of all matters not already dele-
gated to her will share the rights and obligations of
Great Britain.'
"The reserve powers are thus to be administered by
the British Government, in the Parliament of which
Northern Ireland continues to be represented. Of these
reserve powers, the most important are imperial and
foreign relations and military control."
That was Mr. Boyle's argument.
Memorandum prepared by Jones and Curtis
The memorandum referred to above was prepared
for the British Cabinet by its two most important ad-
visers on Irish affairs, Lionel Curtis and Thomas Jones.
Both were concerned at the constitutional confusion in
Ulster as to who was carrying out military functions,
either the Northern Ireland Government, through its
B
Specials, or the British Government, through the Army.
In advising Lloyd George of the memorandum, Jones
said "It was of the essence of the bargain you made
with the South that Northern Ireland was to remain
part of the United Kingdom with a provisional govern-
ment, but with powers no greater and no less than
un^er the 1920 Act."
The Treaty was amended in 1925, when, by agree-
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