No. 210 NAI DE 2/304/1

Amendments by the Irish Representatives to the proposed Articles of Agreement

(Copy)

Dublin, 4 December 1921

1. The Legislative, executive and judicial authority of Ireland shall be derived exclusively from the Elected Representatives of the Irish people.
2. Ireland will agree to be associated with the British Commonwealth for all purposes of common concern, including defence, peace and war, and political treaties, and to recognise the British Crown as Head of the Association.
3. As a token of that recognition, the Irish legislature will vote an annual contribution to the King's personal revenue.
4. In matters of common concern, the rights and status of Ireland shall be in no respect less than those enjoyed by any of the component States of the British Commonwealth represented in the League of Nations. There shall be between Ireland and these States such concerted action, founded on consultation, as the several Governments may determine.
5. The Oath to be taken by members of the Irish Parliament shall be in the following form:- I do swear to bear true faith and allegiance to the Constitution of Ireland and to the Treaty of Association of Ireland with the British Commonwealth of Nations, and to recognise the King of Great Britain as Head of the Associated States.
6. Ireland shall assume liability for such a portion, if any, of the Public Debt of Great Britain and Ireland existing at the date hereof, and of the war pensions existing at that date as may be fair and equitable, having regard to any just claims, if any, on the part of Ireland by way of set off or counter claim, the amount of such sums being determined in default of agreement by the arbitration of one or more independent persons being citizens of the British Empire.
7. (1) As an associated State, Ireland recognises the obligation of providing for her own defence by sea, land, and air, and of repelling by force any attempt to violate the integrity of her shores and territorial waters. (2) For five years, pending the establishment of Irish Coastal Defence forces, facilities for the coastal defence of Ireland shall be afforded to the British Government as follows:- (a) In time of peace such harbour and other facilities as are indicated in the Annex A. hereto, or such other facilities as may from time to time be agreed between the British Government and the Government of the Irish Free State. (b) In time of war such harbour and other facilities as the British Government may require for the purposes of such defence as aforesaid.
8. With a view to securing the observance of the principle of international limitation of armaments, if the Government of the Irish Free State establishes and maintains a local military defence force, the establishments thereof shall not exceed in size such proportion of the military establishments maintained in Great Britain as that which the population of Ireland bears to the population of Great Britain.
9. No protective customs duties shall be imposed in Great Britain on Irish goods nor in Ireland on British goods, but this provision shall not be construed as preventing the imposition of customs duties designed against dumping or other unfair competition, nor as preventing the Irish Government from taking measures for the encouragement of infant industries and for the economic development of Ireland.
10. A Convention shall be made between the British and Irish Governments for the regulation of civil communication by air.
11. The Government of Ireland agrees to pay fair compensation on terms not less favourable than those accorded by the Act of 1920 to judges, officials, members of Police Forces and other public servants who are discharged by it or who retire in consequence of the change of Government effected in pursuance hereof.

Provided that this agreement shall not apply to members of the Auxiliary Police Force or to persons recruited in Great Britain for the Royal Irish Constabulary during the two years next preceding the date hereof.

The British Government will assume responsibility for such compensation or pensions as may be payable to any of these excepted persons.

ANNEX A.
1. The following are the specific facilities required:-
DOCKYARD PORT AT BEREHAVEN.
(a) Admiralty jurisdiction to remain as at the date hereof. Harbour defences to remain in charge of British care and maintenance parties.
BELFAST LOUGH.
(b) Harbour defences to remain in charge of British care and maintenance parties.
LOUGH SWILLY.
(c) Harbour defences to remain in charge of British care and maintenance parties.
AVIATION.
(d) Facilities in the neighbourhood of the above Ports for coastal defence by air.
(e) OIL FUEL STORAGE. Haulbowline [and] Rathmullen[:] To be offered for sale to commercial companies under guarantee that purchasers shall maintain a certain minimum stock for Admiralty purposes.
2. A Convention shall be made between the British Government and the Government of the Irish Free State to give effect to the following conditions:-
(a) That submarine cables shall not be landed or wireless stations for communication with places outside Ireland be established except by agreement with the British Government; that the existing cable landing rights and wireless concessions shall not be withdrawn except by agreement with the British Government; and that the British Government shall be entitled to land additional submarine cables or establish additional wireless stations for communication with places outside Ireland.
(b) That lighthouses, buoys, beacons, and any navigational marks or navigational aids shall be maintained by the Government of the Irish Free State as at the date hereof and shall not be removed or added to except by agreement with the British Government.
(c) That war signal stations shall be closed down and left in charge of care and maintenance parties, the Government of the Irish Free State being offered the option of taking them over and working them for commercial purposes subject to Admiralty inspection, and guaranteeing the upkeep of existing telegraphic communication therewith.


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