The Irish War of Independence led to the Anglo-Irish Treaty, between the British government and representatives of the Irish Republic. Negotiations between the two sides were carried on between October and December 1921. The British delegation consisted of experienced parliamentarians/debaters such as the British Prime Minister
Lloyd George, Colonial Secretary
Winston Churchill, Leader of the House of Commons
Austen Chamberlain, Lord Chancellor
Lord Birkenhead and Secretary for War
Laming Worthington-Evans - they had clear advantages over the Sinn Féin negotiators. While the
President of the Irish Republic Éamon de Valera did not participate in the negotiations he did give the Irish delegation specific instructions to provide "the full text of the draft treaty about to be signed" and to await a reply before taking any further action. No messages or telegraphs were sent by the Irish delegation to Dublin prior to the signing of the Treaty. The Treaty was signed on 6 December 1921. Under its terms, the territory of Southern Ireland would leave the United Kingdom within one year and become a self-governing
dominion called the
Irish Free State. The Treaty was given legal effect in the
United Kingdom through the
Irish Free State Constitution Act 1922, and in Ireland by ratification by
Dáil Éireann. Under the former Act, at 1 pm on 6 December 1922, King George V (at a meeting of his
Privy Council at
Buckingham Palace) signed a proclamation establishing the new Irish Free State. Under the Treaty, Northern Ireland's parliament could vote to
opt out of the 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 time the provisions of the Government of Ireland Act continued to apply in Northern Ireland. According to barrister and legal writer Austen Morgan, the wording of the Treaty allowed the impression to be given that the Irish Free State temporarily included the whole island of Ireland, but legally the terms of the Treaty applied only to the 26 counties, and the government of the Free State never had any powers—even in principle—in Northern Ireland. On 7 December 1922 the Parliament of Northern Ireland approved an address to George V, requesting that its territory not be included in the Irish Free State. This was presented to the king the following day and then entered into effect, in accordance with the provisions of Section 12 of the Irish Free State (Agreement) Act 1922. The Treaty also allowed for a re-drawing of the border by a
Boundary Commission.
Unionist objections to the Treaty Sir James Craig, the Prime Minister of Northern Ireland objected to aspects of the Anglo-Irish Treaty. In a letter to
Austen Chamberlain dated 14 December 1921, he stated: With time it appears that Craigs attitude towards partition had softened. In 1938 he privately admitted that the partition of Ireland should not be permanent: "In this island we cannot live always separated from one another. We are too small to be apart or for the border to be there for all time. The change will not come in my time but it will come."
Nationalist objections to the Government of Ireland Act & the Anglo Irish Treaty In March 1920
William Redmond a member of Parliament and combat veteran of World War I, addressed his fellow members of the British House of Commons concerning the Government of Ireland Act: On the night that the Government of Ireland Act of 1920 passed in the House of Commons (11 November 1920) the MP for
North East Tyrone Thomas Harbison made his feelings clear on the division of Ulster and the partition of Ireland:
Michael Collins (the
Chairman of the Provisional Government of the Irish Free State) had negotiated the Treaty and had it approved by the cabinet, the Dáil (on 7 January 1922 by 64–57), and by the people in national elections. Regardless of this, it was unacceptable to Éamon de Valera, who led the
Irish Civil War to stop it. Collins was primarily responsible for drafting the constitution of the new Irish Free State, based on a commitment to democracy and rule by the majority. De Valera's minority refused to be bound by the result. Collins now became the dominant figure in Irish politics, leaving de Valera on the outside. The main dispute centered on the proposed status as a dominion (as represented by the Oath of Allegiance and Fidelity) for
Southern Ireland, rather than on the independence of an all-Ireland state. Otherwise uncompromising Republicans appeared to regard, a partition, at least for now, as inevitable. In August 1920, as President of Dáil, de Valera had declared in favour of "giving each county power to vote itself out of the Republic if it so wished". Conceding that "in the last analysis the test of nationality is the wish of the people", Sinn Féin Vice-President, Fr
Michael O'Flanagan, had asked whether "we are going to compel
Antrim and
Down to love us by force"? On July 20 1921 the British Government provided Irish leadership with an offer which provided (amongst other items) for Dominion status for Ireland and the full recognition of the Government of Northern Ireland.
Thomas Jones the long-time Deputy Secretary to the British Cabinet provided a transcript of the 10 August 1921 response from de Valera: Partition was a significant matter for Ulstermen like
Seán MacEntee, who spoke strongly against partition or re-partition of any kind. The pro-Treaty side argued that the proposed Boundary Commission would give large swathes of Northern Ireland to the Free State, leaving the remaining territory too small to be viable. Shortly after the signing of the Anglo-Irish Treaty, the Irish Minister for Foreign Affairs
Arthur Griffith spoke to his Under-Secretary (
Robert Brennan) concerning the partition clause: "It does not mean partition, under clause twelve we'll get at least two of the six counties, Tyrone and Fermanagh and possibly other areas, such as South Armagh and South Down." In February 1922 Collins met with the newly appointed Prime Minister for Northern Ireland James Craig. At that meeting Craig made it clear that "Unionists would never abandon places such as Derry City and Enniskillen; he stressed their historic and sentimental importance to Protestants and ignored their Catholic majorities." In April 1922 Collins told the IRA in County Tyrone that "Partition would never be recognized even if it might mean smashing the Treaty." (Collins was killed by anti-Treaty forces in August 1922). In October 1922, the Irish Free State government established the North-Eastern Boundary Bureau (NEBB) a government office which by 1925 had prepared 56 boxes of files to argue its case for areas of Northern Ireland to be transferred to the Free State. In the lead up to the
1925 Northern Ireland general election Craig called for the inclusion of the Ulster County of Donegal into the new Northern State and warned that the north could return to the troubles of 1920-22.
Document No. 2 De Valera had drafted his own preferred text of the Anglo-Irish Treaty in December 1921, known as "Document No. 2" which was considered as a compromise solution during the Treaty debates. The document suggested that all of Ireland have an "External Association" but not full membership in the British Commonwealth. The document declared that the Irish parliament (Dáil Éireann) would not recognise the right of any part of Ireland to be excluded yet recognised the seccession of Northern Ireland for the sake of peace. Document No. 2 was not adopted as an alternative to the Treaty. An "Addendum North East Ulster" indicates his acceptance of the 1920 partition for the time being, and of the rest of Treaty text as signed in regard to Northern Ireland:
Craig-Collins Pacts and debate on Ulster Month In early 1922 the two leaders of Northern and Southern Ireland agreed on two pacts that were referred to as the Craig-Collins Pacts. Both Pacts were designed to bring peace to Northern Ireland and deal with the issue of partition. Both Pacts fell apart and it was the last time for over 40 years that the leaders of government in the north and south were to meet. Among other issues, the first pact (21 January 1922) called for the ending of the ongoing "Belfast Boycott" of northern goods by the south and the return of jobs to the thousands of Catholics that had been forcibly removed from Belfast's mills and shipyards. Collins proposed that a conference be held of all elected representatives in Ireland that would draft a constitution for a united Ireland which would keep the powers of Northern Ireland intact. When Craig met with Unionist leaders there was no discussion on the proposed conference. The second Pact consisted of ten Articles which called for an end to all IRA activity in Northern Ireland and the setting up of a special police force that would represent the two communities. Article VII called for meetings before the Northern Ireland Government exercised its option to opt out of the Anglo-Irish Treaty. The purpose of the meetings was to be "...whether means can be devised to secure the unity of Ireland or failing this whether agreement can be arrived at on the boundary question otherwise than by recourse to the Boundary Commission." Under the treaty it was provided that Northern Ireland would have a month – the "Ulster Month" – during which its Houses of Parliament could
opt out of the Irish Free State. The Treaty was ambiguous on whether the month should run from the date the Anglo-Irish Treaty was ratified (in March 1922 via the Irish Free State (Agreement) Act) or the date that the Constitution of the Irish Free State was approved and the Free State established (6 December 1922). When the Irish Free State (Agreement) Bill was being debated on 21 March 1922, amendments were proposed which would have provided that the Ulster Month would run from the passing of the Irish Free State (Agreement) Act and not the Act that would establish the Irish Free State. Essentially, those who put down the amendments wished to bring forward the month during which Northern Ireland could exercise its right to opt out of the Irish Free State. They justified this view on the basis that if Northern Ireland could exercise its option to opt out at an earlier date, this would help to settle any state of anxiety or trouble on the new
Irish border. Speaking in the House of Lords, the
Marquess of Salisbury argued: The British Government took the view that the Ulster Month should run from the date the Irish Free State was established and not beforehand,
Viscount Peel for the Government remarking: It was certain that Northern Ireland would exercise its opt out. The Prime Minister of Northern Ireland, Sir James Craig, speaking in the
House of Commons of Northern Ireland 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 be 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 of Northern Ireland resolved to make the following address to the King so as to opt out of the Irish Free State: Discussion in the Parliament of the address was short. No division or vote was requested on the address, which was described as the Constitution Act and was then approved by the
Senate of Northern Ireland. Craig left for London with the memorial embodying the address on the night boat that evening, 7 December 1922. King George V received it the following day. 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 never came to pass. On 13 December 1922, Craig addressed the Parliament of Northern Ireland, informing them that the King had accepted the Parliament's address and had informed the British and Free State governments.
Customs posts established While the Irish Free State was established at the end of 1922, the Boundary Commission contemplated by the Treaty was not to meet until 1924. Things did not remain static during that gap. In April 1923, just four months after independence, the Irish Free State established customs barriers on the border. This was a significant step in consolidating the border. "While its final position was sidelined, its functional dimension was actually being underscored by the Free State with its imposition of a customs barrier". ==Boundary Commission==