Irish Free State - Northern Ireland "opts Out"

Northern Ireland "opts Out"

For about two days from 6 December 1922 Northern Ireland became part of the newly created Irish Free State. This constitutional episode arose because of the Anglo-Irish Treaty and the legislation introduced to give that Treaty legal effect.

The Treaty was given legal effect in the United Kingdom through the Irish Free State Constitution Act 1922. That Act established, on 6 December 1922, the new Dominion for the whole island of Ireland. Legally therefore, on 6 December 1922, Northern Ireland became an autonomous region of the newly created Irish Free State. However, the Treaty and the laws which implemented it also allowed Northern Ireland to opt out of the Irish Free State. Under Article 12 of the Treaty, Northern Ireland could exercise its opt out by presenting an address to the King requesting not to be part of the Irish Free State. Once the Treaty was ratified, the Houses of Parliament of Northern Ireland had one month (dubbed the Ulster month) to exercise this opt out during which month the Irish Free State Government could not legislate for Northern Ireland, holding the Free State’s effective jurisdiction in abeyance for a month.

Realistically, it was always certain that Northern Ireland would opt out of the Free State. The Prime Minister of Northern Ireland, Sir James Craig, speaking in the Parliament in October 1922 said that “when the 6th of December is passed the month begins in which we will have to make the choice either to vote out or remain within the Free State.”. He said it was important that that choice was made as soon as possible after 6 December 1922 “in order that it may not go forth to the world that we had the slightest hesitation”. On 7 December 1922 (the day after the establishment of the Irish Free State) the Parliament demonstrated its lack of hesitation by resolving to make the following address to the King so as to opt out of the Irish Free State:

”MOST GRACIOUS SOVEREIGN, We, your Majesty's most dutiful and loyal subjects, the Senators and Commons of Northern Ireland in Parliament assembled, having learnt of the passing of the Irish Free State Constitution Act, 1922, being the Act of Parliament for the ratification of the Articles of Agreement for a Treaty between Great Britain and Ireland, do, by this humble Address, pray your Majesty that the powers of the Parliament and Government of the Irish Free State shall no longer extend to Northern Ireland.”

Discussion in the Parliament of the address was short. Prime Minister Craig left for London with the memorial embodying the address on the night boat that evening, 7 December 1922. The King received it the following day, The Times reporting:

"YORK COTTAGE, SANDRINGHAM, DEC. 8. The Earl of Cromer (Lord Chamberlain) was received in audience by The King this evening and presented an Address from the Houses of Parliament of Northern Ireland, to which His Majesty was graciously pleased to make reply."

With this, Northern Ireland had left the Irish Free State. If the Houses of Parliament of Northern Ireland had not made such a declaration, under Article 14 of the Treaty Northern Ireland, its Parliament and government would have continued in being but the Oireachtas would have had jurisdiction to legislate for Northern Ireland in matters not delegated to Northern Ireland under the Government of Ireland Act. This, of course, never came to pass.

On 13 December 1922 Prime Minister Craig addressed the Parliament informing them that the King had responded to the Parliament’s address as follows:

“I have received the Address presented to me by both Houses of the Parliament of Northern Ireland in pursuance of Article 12 of the Articles of Agreement set forth in the Schedule to the Irish Free State (Agreement) Act, 1922, and of Section 5 of the Irish Free State Constitution Act, 1922, and I have caused my Ministers and the Irish Free State Government to be so informed.”