Northern Ireland

Putting the Irish Treaty on its Trial – On This Day in 1924

Northern Ireland government refusing involvement in Boundary Commission on border question

WT Cosgrave met with British Prime Minister Ramsay Macdonald and Prime Minister of Northern Ireland James Craig at Chequers in May 1924
Free State president WT Cosgrave, British Prime Minister Ramsay Macdonald and Prime Minister of Northern Ireland James Craig at Chequers in May 1924 (Firmin/Getty Images)
June 5 1924

The legal question whether the Boundary Commission can be set up without a representative of Northern Ireland is to be left to the judicial committee of the Privy Council which will sit in July.

The Chief Justice of Australia and a Canadian judge will sit on the tribunal.

At Westminster yesterday, Mr Neville Chamberlain asked the Prime Minister whether he was in a position to make any statement as to the progress of the Irish negotiations.

Mr Ramsay MacDonald: I think the House may wish to know without delay what steps the government have taken in connection with the Irish boundary question. Our relations with Ireland are now governed by the Treaty, ratified with the approval of all recognised parties after a general election, during which the matter was specifically submitted to the electorate. The Irish question has thus been placed outside the ambit of party controversy so far as this country is concerned.

The task of the present government is greatly facilitated by the fact that it has merely to give effect of the policy outlined by our predecessors, which we are in perfect agreement. To us as to them, the Treaty embodies a final settlement of Anglo-Irish relations, made once and for all with no ulterior purpose. And as we intend to observe it in the spirit as well as in the letter, so, of course, we look to Ireland to observe it. Without qualification I must say that absolute faith has been kept by the government of the Irish Free State with us.

It must be held in mind that under Article 12 of the Treaty, the boundary between the Irish Free State and Northern Ireland is to be such as is determined by the commission.

A question may, therefore, be subsequently raised in the courts as to whether a valid award has been made involving the further question whether the commission was legally constituted. His Majesty’s Government have, therefore, decided to avail themselves of the power conferred on them by Section 4 of the Judicial Committee Act, 1883, to ask the Judicial Committee of the Privy Council to advise them as to their legal and constitutional powers to constitute the commission.
With the Northern Ireland government not appointing its commissioner, the British government referred the matter to the Privy Council to see if the Boundary Commission could convene without a Northern Ireland appointee.