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~ The Treaty ~

Treaty Debate - Dec 14th 1921

Prayers having been said by the Rev. Dr. BROWNE,

“(1) The Plenipotentiaries have full powers as defined in their credentials.

(2) It is understood before decisions are finally reached on the main question, that a despatch notifying the intention to make these decisions will be sent to members of the Cabinet in Dublin, and that a reply will be awaited by the Plenipotentiaries before final decision is made.

(3) It is also understood that the complete text of the draft treaty about to be signed will be similarly submitted to Dublin, and reply awaited.”

Now I want you to pay particular attention to that particular paragraph. The instructions proceed:

“(4) In case of a break, the text of the final proposals from our side will be similarly submitted.

(5) It is understood the Cabinet in Dublin will be kept regularly informed of the progress of the negotiations.”

That was all done with the exception of paragraph three. It is obvious that a treaty which would be a lasting agreement between two nations, and which may govern the relations of nations for centuries, is a document which, even when you have agreed upon the fundamental principles, should be most carefully examined. My idea was when the plenipotentiaries had arrived at an agreement on the treaty, and had a rough copy of a document which they were prepared to sign, that document, in its full text, would be submitted, because in the case of a treaty, even verbal, the exact form of words is of tremendous importance. I have only to say with respect to paragraph three that the final text was not submitted. When the previous draft, which considerably differed from the final text, was submitted, that I said I could not sign, and I do not think the other members of the Cabinet, whose views on a vital question we had to determine for ourselves earlier, would sign. With the knowledge that we could not accept that, the plenipotentiaries, acting in accordance with their rights, signed the treaty, and as far as the relations between the Cabinet and the plenipotentiaries are concerned, the only point is that paragraph three was not carried out to the letter. This was most important, and I feel myself, had it been done, we might have got complete agreement between the Cabinet and the plenipotentiaries. I say that in order that everyone may realise that this is a case of a difference of opinion between two bodies, which in a case like this could naturally and did naturally arise, and therefore I am anxious that it should not in any way interfere with the discussion on the treaty which the plenipotentiaries have brought to us. We are to treat it on its merits. Just as you probably will hold different opinions on the merits of it, so we in the Cabinet hold different opinions on it. The main question at issue as far back as the third week in October was decided by us, and, those who were in favour of the decision on the side I am taking were certainly a majority of the Cabinet, though the whole Cabinet was not present at the meeting. I am ready to answer any questions about the conduct of the negotiations that may be in the public interest, and if there are any questions, or any matter which you wish to probe further that is not in the public interest, I would be glad to answer it in a private session so that you may understand it thoroughly.

“In virtue of the authority vested in me by Dáil Eireann, I hereby appoint Arthur Griffith, T.D., Minister for Foreign Affairs, Chairman; Michael Collins, T.D., Minister for Finance; Robert C. Barton, T.D., Minister for Economic Affairs; Edmund J. Duggan, T.D.; and George Gavan Duffy, T.D. as envoys plenipotentiaries from the elected Government of the Republic of Ireland to negotiate and conclude on behalf of Ireland, with the representatives of his Britannic Majesty George V. a treaty or treaties of settlement, association and accommodation between Ireland and the community of nations, known as the British Commonwealth. In witness hereof I hereunder subscribe my name as President.

Signed EAMON DE VALERA”

and that was sealed with the official seal of Dáil Éireann and dated the 7th day of October, 1921. Then there were five identical credentials. Now I do not object to the second document being read, but the prior document should have been read first and we have agreed, those of us who differ—those of us who take one stand—to make no statement which would in any way prejudge the issue until this meeting of DAIL EIREANN. Publicly and privately we did not prejudge the issue; we even refrained from speaking to members of the Dáil. I have not said a hard word about anybody. I know I have been called a traitor. (Cries of “no, no”).

MR. MICHAEL COLLINS (MINISTER FOR FINANCE): I do not wish to create a wrong impression. I did not say accepted, I said presented.

PRESIDENT DE VALERA: It is very important on the question being bound. We are dealing with other people who have signed the Treaty. If these people were led to understand that the signing of that Treaty ended the matter, then we have nothing here to do. If any document was presented to them that would give them the impression, and if they accepted that document and wished to interpret into the word “conclude” that ratification was not necessary, that would be in despite of the fact that we here in appointing plenipotentiaries In two sessions made it clear ratification was necessary.

“That any explanations as regards the genesis of the proposed Treaty in the present situation be given and discussed in private session, but that the introduction of the proposed Treaty itself and the discussion thereon take place in public session.”

The amendment was put and carried.

“That the session of AN DÁIL be held in public until such time as a matter arises which the Dáil considers should be discussed in private session.”

This concluded the public sitting.


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