Irish head of state from 1922 to 1949
The state known today as Ireland is the successor state to the Irish Free State, which existed from December 1922 to December 1937. At its foundation, the Irish Free State was, in accordance with its constitution and the terms of the Anglo-Irish Treaty, governed as a constitutional monarchy in the British Commonwealth with the British monarch as head of state. The monarch was represented in the Irish Free State by the governor-general, who performed most of the monarch's duties based on the advice of elected Irish officials.
The Statute of Westminster, passed in 1931, granted expanded sovereignty to the dominions of the British Commonwealth, and permitted the Irish state to amend its constitution and legislate outside the terms of the Treaty. The Executive Authority Act 1936, enacted in response to the abdication of Edward VIII, removed the role of the monarch for all internal purposes, leaving him only a few formal duties in foreign relations as a "symbol of cooperation" with other Commonwealth nations. The Constitution of Ireland, which took effect in December 1937, established the position of president of Ireland, with the office first filled in June 1938, but the monarch retained his role in foreign affairs, leaving open the question of which of the two figures was the formal head of state. The Republic of Ireland Act 1948 ended the statutory position of the British monarch for external purposes and assigned those duties to the president, taking effect in April 1949, from which point Ireland was inarguably a republic.
Background
The Anglo-Irish Treaty was agreed upon to end the 1919–1921 Irish War of Independence fought between Irish revolutionaries who favored an Irish Republic and the United Kingdom of Great Britain and Ireland. The treaty provided for the Irish Free State, which excluded Northern Ireland, as an autonomous and self-governing dominion of the British Commonwealth, with the British monarch as head of state, in the same manner as in Canada and Australia. The treaty also mandated that members of the new Irish parliament would have to take an oath of allegiance that promised fidelity to George V and his heirs.The disestablishment of the Irish Republic declared in 1919, the imposition of even a constitutional monarchy, and the continued ties to Great Britain were particularly contentious for many Irish nationalists. Even the Treaty's supporters viewed it as a compromise imposed on the Irish by their inability to achieve full independence through military means: Michael Collins, the republican leader who had led the Irish negotiating team, argued that it gave "not the ultimate freedom that all nations aspire and develop, but the freedom to achieve freedom."
The Treaty was fiercely debated in the Second Dáil, the Irish Republic's revolutionary parliament. Éamon de Valera, the Republic's President, opposed the proposed dominion status for Ireland; instead, he advocated for a relationship he called external association, under which Ireland would be "associated" with the rest of the British Commonwealth and would "recognise His Britannic Majesty as head of the Association" – but not as Ireland's King or head of state.
Nevertheless, the Dáil narrowly approved the treaty, and de Valera resigned in protest. Pro-Treaty forces won the ensuing election and civil war, and the Free State's new constitution incorporated the monarchial elements mandated by the Treaty.
Irish Free State
The new Irish Free State thus established was a form of constitutional monarchy, a Dominion with the same monarch as the United Kingdom and other states within the British Commonwealth. Under its constitution, the King had functions that included the exercise of executive authority of the state, the appointment of the cabinet, the dissolution of the legislature, and the promulgation of laws. However, all of these were delegated to a representative called the Governor-General of the Irish Free State. The representative's title was not actually specified in the Treaty, and Collins considered a number of alternatives, including Commissioner of the British Commonwealth and President of Ireland. However, the Free State government ultimately settled on governor-general because it was the same title used by the corresponding officials in other Dominions. The office's Irish language title was Seanascal, meaning "high steward" or "seneschal", which was later used in English.As was the case in all Dominions, by convention the governor-general acted on the advice of elected officials. For the most part, this advice came from Irish officials, and on a day-to-day basis the governor-general played a ceremonial role in the Irish Free State similar to the one the King played in the United Kingdom.
At the Free State's inception, however, the governor-general served an additional role as the British government's agent, as was true in other Dominions as well. This meant that all official correspondence between the British and Irish governments went through the governor-general and that he had access to British government papers. It also meant that he could receive secret instructions from the British government and so, for example, on assuming office Tim Healy was formally advised by the British government to veto any law that attempted to abolish the Oath of Allegiance. However, no such law was passed during Healy's term of office, and in practice the governor-general never received conflicting advice from Irish and British officials during the existence of the Free State.
Duties and functions
Under the original constitution of the Irish Free State in 1922, the monarch had a number of formal duties:- Executive authority: The executive authority of the state was formally vested in the monarch but exercised by the governor-general. Under Article 51, executive authority was to be exercised in accordance with Canadian practice. Thus, with few exceptions, the governor-general was bound to act on the advice of the Executive Council.
- Appointment of the cabinet: The President of the Executive Council was appointed by governor-general after being selected by Dáil Éireann. The remaining ministers were appointed on the nomination of the president, subject to a vote of consent in the Dáil.
- Appointment of Military Officers: The monarch had the formal duty of appointing military officers, although this was done on the advice of Irish government officials and the Governor-General. The Irish Defence Forces were established as Crown Forces. The King's Local Defence Force as stated in the minutes of the Treaty.
- Convention and dissolution of the legislature: The governor-general, on behalf of the monarch, convened and dissolved the Oireachtas on the advice of the Executive Council.
- Signing bills into law: The monarch was formally, along with the Dáil and the Senate, one of three tiers of the Oireachtas. No bill could become law until it received the Royal Assent, which was given by the governor-general on behalf of the monarch. The governor-general theoretically had the right to veto a bill or reserve it "for the signification of the King's pleasure", in effect postponing a decision on whether or not to enact the bill, for a maximum of one year. However neither of these two actions was ever taken.
- Appointment of judges: All judges were appointed by the governor-general, on the advice of the Executive Council.
- Representing the state in foreign affairs: The monarch accredited ambassadors and received the letters of credence of foreign diplomats; ministers signed international treaties in his name. The role of the monarch in the Free State's foreign affairs was the only function retained by him after the constitutional changes of 1936.
Oath of Allegiance
The words "allegiance to the Constitution of the Irish Free State" were taken from De Valera's preferred version, which read: "I do solemnly swear true faith and allegiance to the constitution of the Irish Free State, to the Treaty of Association, and to recognise the King of Great Britain as Head of Associated States".
Diminishing role of monarchy
The creation of the Irish Free State came at a time when all the Dominions of the British Empire were increasingly asserting their place as partners with the United Kingdom rather than its colonies, a process that Irish participation in Imperial affairs helped accelerate. For instance, while the Empire had since the 1880s been occasionally referred to as the Commonwealth of Nations, the text of the Oath of Allegiance in the Anglo-Irish Treaty was the first use of the phrase in statute law; it replaced the British Empire in the course of negotiations.The Balfour Declaration, issued at the 1926 Imperial Conference, formally recognized the equality of the Dominions with the United Kingdom and with one another, and established that the various governors-general would henceforth only take advice from their Dominion governments. This equality was codified in legislative terms by the Statute of Westminster in 1931, which removed almost all of Westminster's remaining authority to legislate for the Dominions, effectively granting the Free State internationally recognised independence. It also granted the Free State the freedom to amend its constitution outside the terms set by the Anglo-Irish Treaty. Patrick McGilligan, the Free State Minister for External Affairs, called the Statute of Westminster "the solemn declaration by the British people through their representatives in Parliament that the powers inherent in the Treaty position are what we have proclaimed them to be for the last ten years," and went on to present the legislation as largely the fruit of the Free State's efforts to secure for the other Dominions the same benefits it already enjoyed under the treaty.
Image:Leinster House - 1911.jpg|right|thumb|Leinster House, decorated for the visit of King George V and Queen Mary in 1911; within a decade, it became the seat of the Oireachtas
The 1932 Irish general election was won by Fianna Fáil, led by de Valera, on a republican platform. Over the next several years, the Irish government began reducing the visibility and formal role of the monarch and governor-general. Domhnall Ua Buachalla, a republican and former Fianna Fáil TD, was appointed governor-general in late 1932; on his government's advice, he withdrew from all public and ceremonial roles, performing in a perfunctory manner the minimum duties required by the Constitution. The governor-general's role in budget appropriations and ability to veto legislation were abolished, as was the Oath of Allegiance. No treaties requiring the assent of the king as head of state were signed from 1931 to 1937. Two methods were used to circumvent this: bilateral treaties were concluded at government rather than head-of-state level; for multilateral treaties, the Free State chose not to enrol at inauguration via the king's signature, but instead to accede a few months later via the signature of the Minister for External Affairs.