In this podcast, I would like to study the Treaty between Great Britain and Ireland, it was signed in London in December 6^th 1921. It was a Treaty just after the war. It was signed also by Churchill by the British side, so it’s important to know it and to understand it. From the Irish side it was of course signed of course by Michael Collins or Mícheál Ó Coileáin as they said in Ireland. The Treaty has sevral points which are important. I would like to emphasize some points only. I would like to start with Article I. “So Ireland shall have the same constitutional status in the Community of Nations known as the British Empire as the Dominion of Canada, the Commonwealth of Australia, the Dominion of New Zealand, and the Union of South Africa,…”. We have, Irish Free State, it should be totally independent but in reality the articles of this Treaty create, in fact, independence. So if we want to see it very officially, we can read the Article IV and in fact the statement that is mentioned in the following form that the members of the parliament of the Irish Free State should use the following oath. So tey should say: I (name), do solemnly swear true faith and allegiance to the Consitution of the Irish Free State as by law established and, this is the point which is important, that I will be faithful to His Magesty King Geroge V. So it’s already a problem because it’s not exactly an independence. They should do the same thing with the successors by the law, but the explanation is rather strange because they mention that this is due to the fact that..in virtue of the common citizenship of Ireland with Great Britain…they should do this but also …and her adherence to and membership of the group of nations forming the Brithish Commonwealth of Nations. So why is this strange, because you don’t need the last point, even as an arguement but they use it. They use it to show that it was a necessesity to do it, but in fact no . So for me it’s already a problem .

We can see another problem in te Article V where The Irish Free State shall assume liability for the service of the Public Debt of the United Kingdom as existing as the date hereof and towards the payment of war pensions as existing at that date in such proportion as may be fair and equitable having regard to any just claims on the part of Ireland by the way of set off or counter-claim, the amount of such sums being detrmined in default of agreement by the aritration of one or more independent persons being citizens of the Brithsh Empire. So this is another problem because they should do this and in fact it’s only the public debt of the United Kingdom, so they have to do something also about that.

We have also Article VI about the coastal defense, so let’s read it. Until an arrangement has been made between the British and Irish Governments whereby the Irish Free State undertakes her own costal defence, the defence by sea of Great Britain and Ireland shall be undertaken by His Majesty’s Imperial Forces.

So you see that it’s an independent state, a free state but not exactly at this moment because for the defense they should use in fact the Imperial Forces.

Another point, the Article VII. “The Government of the Irish Free State shall afford to His Majesty’s Imperial Forces, two points a) In time of peace such harbour and other facilities as are indicated in the Annex hereto, or such other facilities as may from time to time be agreed between the British Government and the Government of Irish Free State and the second point b) In time of war of strained relations with a Foreign Power such harbour and other facilities as the British Government may require for the purposes of such defence as aforesaid.”

So you see two points, one for the peace, ne for the war. It’s important to see that for the British Government still have the right to use them freely without any counterpart about that. So it is written in the Article VII, it’s not exactly what we mean when we say The Irish Free State. It looks more like an Irish Dependent State. And it’s normal for the British Empire, not for Ireland. It’s normal to forecast some problems like the Civil War because it’s not clear. You are independent but not exactly. You can do what you want but not exactly. In any case I, the British part, can do what I want.

The Article X, “The Government of the Irish Free State 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 charge of government effected in pursuance hereof.” So you see that they have to pay persons which are defined by the Act of 1920. Maybe in another podcast maybe we should study also this Act.

The most problematic part for me is Article XI. So there is a mention there on the following also of the Northern Ireland. So we have a Treaty between two countries, they say something, we don’t care about that, for the moment, but in the Article XI they explain that there is a problem and they have to take care of that, it’s the situation in Northern Ireland.

So why is this for me important? Because, the British part said, ‘You are a free state, you can do what you want except in Northern Ireland’. So the decision is rather complicated to understand it in the following words because I think that at that moment they wanted just to shift the problem. To put the problem one month after, to solve the problem of the Treaty, to give a design of the Treaty to be rather fair, so ‘you can do it, you can sign, but with exceptions’. And one of these exceptions start in Article XI “Until the expiration of one month from the passing of the Act of the Parliament for the ratification of this instrument, the powers of the Parliament and Government of the Irish Free State shall not be exercisable as respects Northern Ireland…”

So they cannot do anything, at least for one month. “… and the provisions of the Government of Ireland Act 1920, shall, so far as they relate to Northern Ireland, remain of full force and affect, and no election shall be held for the return of members to serve in the Parliament of the Irish Free State for constituencies in Northern Ireland, unless a resolution is passed by both Houses of the Parliament of Northern Ireland in favour of the holding of such elections before the end of the said month.” So they can’t do anything for one month, they will use the previous Act of 1920 and for me this exception permits this, Northern Ireland has the right, in reality, to say ‘I don’t want to be is that State.’ So we are studying right now a Treaty between two countries but one of them at the end of the process could be two countries, not exactly two because one part will belong to the previous one. So you see that we have A and B but B has two parts, B₁ and B₂, and in fact B2 has the right to belong to A. British diplomacy.

Article XII “If, before the expiration of the said month, an address is presented to His Majesty by both Houses of the Parliament of Northern Ireland to that effect, the powers of the Parliament and Government of the Irish Free State shall no longer extend to Northern Ireland.”

So it’s clear, if Northern Ireland says I don’t want this the Irish Free State cannot control this area…“ and the provisions of the Government of Ireland act, 1920 (including those relating to council of Ireland), shall, so far as they relate to Northern Ireland, continue to be of full force and effect, and this instrument shall have effect subject to the necessary modifications.” So it’s clear. Now the process, because in reality it’s not so clear we have to define how to do this, so they say “Provided that if such an address is so presented…”You see the sentence  “if such an address is so presented…” So they write this just as a potential issue but it was clear that there will be a problem. “…a Commission consisting of three persons one to be appointed by the Government of the Irish Free State” every time we start with the Irish Free State “…one to be appointed by the Government of Northern Ireland…” so it’s the same “…and one who shall be Chairman” so, the most important, “…to be appointed by the British Government..” In fact we had something like this also in 2004 in Cyprus, so I continue “… shall determine in accordance with the wishes of the inhabitants so far as may be compatible with economic and geographic conditions, the boundaries between Northern Ireland and the rest of Ireland…” Why don’t they mention that these will be the new frontiers of the of two states, they just say the boundaries. But in reality you know now due to history this will be the end of the Irish Free State and the beginning of the Great Britain. It’s not just a boundary. It’s not just a green line just to be clear.

Another point which is important, it doesn’t seem important but in reality there is a mention in the Article XIII and we should say something about that. “For the purpose of last foregoing article, the powers of the Parliament of Southern Ireland” and now they don’t say Irish Free State, they say Southern Ireland, “under the Government of Ireland Act , 1920” so the previous one “to elect members of the Council of Ireland shall after the Parliament of the Irish Free State is constituted be exercised by the Parliament.” S, why is there this kind of mention? For me it’s a way to put an equilibrium between the two parts of Ireland.

 So we are starting with the Irish Free State and in the Article XIII we have this kind of mention and we will have the same kind of mention in the Article XV.

“At anytime after the date hereof the Government of Northern Ireland in the provisional Government of Southern Ireland hereinafter constituted may meet for the purpose of discussing the provisions subject to which the last foregoing article is to operate in the event of no such address as is therein mentioned being presented and those provisions may include…” So it’s no only the safeguard but also the problem of minorities in Northern Ireland which is a cute mention. The minorities of Northern Ireland, you can imagine for example the minorities of occupied territories of one State. So the last point is the establishment of powers in a local militia in Northern Ireland and the relation of the Defence Forces of the Irish Free State end of Northern Ireland respectively

and if any such meeting provisions are agreed to, the same shall have effect if they were included amongst the provisions subject to which the powers of the Parliament and Government of the Irish Free State art be exercisable in Northern Ireland under article XIV hereof.” So you see that in fact there will be some negotiation and discussion after the signature but the result will be incorporated in the Treaty with the article XIV.

So you can understand now that they give in reality  too much power the Northern Ireland, so it’s not a negotiation between A and B, it’s a Treaty between A and B₁ but A will do things B₂ against B₁ but not by A. So in reality we have the preparation of a little proxy war which will become civil war but it will not be the fault of the British Empire because they signed a Treaty. So you see that it’s clear that it’s not clear and they will use it. So each part B₁, B₂ or A will use it and say ‘ For me the interpretation of this article is this , for the other it’s not the same’ but in reality the entire Treaty has a problem  and not only a problem as a Treaty but problems like seeds of problems. So everything is done to have problems in the next step. So you remember the idea of Clemenceau, “we do not sign Treaties to end wars but to start the next. And you cans see that it’s correct even for that because we will have a problem in the following year, with the Independence but with a civil war, together.

So a last point, to avoid bothering you. Article XVII, there is a gain a mention that the administrator of Southern Ireland, at the beginning of the Article XVII. The important part is of course the last sentence, “But this arrangement shall not continue in force beyond the expiration of twelve months from the date hereof.” The date, you remember was December 6^th 1921 and we will use it and you can see again another mention of Southern Ireland, in the last Article, Article XVIII “This instrument  shall be submitted forthwith by his majesty’s government for the approval of parliament and by the Irish signatories to a meeting summoned for the purpose of the members elected to sit in the House of Commons of southern Ireland, and if approved shall be ratified by the necessary legislation.”

So you see that everything is done for that. We can see also at the end the Annex it’s about specific facilities for harbors. They will be used in the next time especially in the Second World War, so it’s unimportant thing.

Now, we can say that in reality this Treaty, which was signed also by Winston Churchill, is clear that the Empire wants to keep the control of this area.  So maybe it’s not the Irish Free State for the British but the Irish free area. So I can do something there. it’s not exactly mine but I can do everything as if it was still mine. So in fact it’s mine.

And now if you relate this to the decision of June 1940 when Churchill sent MacDonald to say to the Irish people that ‘if you are in the war with us against Nazis then the partition of Ireland be removed.’  The sane puzzle.

As you can see, the Treaty , you cannot find the word partition so they don’t say it but they designed it. So the important part in strategy is to say or to design? Of course to design, you don’t need to say that but in reality, you create the problem and the problem will follow just the next step.

So I wanted to study this point to make it clear that it was normal after this Treaty to have a proxy war which was interpreted as a Civil War but in reality it was just a consequence of the Treaty. That’s all.

GREAT BRITAIN AND IRISH FREE STATE Treaty between Great Britain and Ireland, signed at London, December 6, 1921.