Home Rule Bill, 1886. (Page 308)
Home Rule Bill, 1886
The following summary of the provisions of the Home Rule bill of 1886 supplements the description of the bill given in Chapter V. Book X.:—
One of the cardinal difficulties of all free government is to make it hard for majorities to act unjustly to minorities. You cannot make this injustice impossible but you may set up obstacles. In this case, there was no novelty in the device adopted. The legislative body was to be composed of two orders. The first order was to consist of the twenty-eight representative peers, together with seventy-five members elected by certain scheduled constituencies on an occupation franchise of twenty-five pounds and upwards. To be eligible for the first order, a person must have a property qualification, either in realty of two hundred pounds a year, or in personalty of the same amount, or a capital value of four thousand pounds. The representative peers now existing would sit for life, and, as they dropped off, the crown would nominate persons to take their place up to a certain date, and on the exhaustion of the twenty-eight existing peers, then the whole of the first order would become elective under the same conditions as the seventy-five other members.
The second order would consist of 206 members, chosen by existing counties and towns under the machinery now operative. The two orders were to sit and deliberate together, but either order could demand a separate vote. This right would enable a majority of one order to veto the proposal of the other. But the veto was only to operate until a dissolution, or for three years, whichever might be the longer interval of the two.
The executive transition was to be gradual. The office of viceroy would remain, but he would not be the minister of a party, nor quit office with an outgoing government. He would have a privy council; within that council would be formed an executive [pg 560] body of ministers like the British cabinet. This executive would be responsible to the Irish legislature, just as the executive government here is responsible to the legislature of this country. If any clause of a bill seemed to the viceroy to be ultra vires, he could refer it to the judicial committee of the privy council in London. The same reference, in respect of a section of an Irish Act, lay open either to the English secretary of state, or to a suitor, defendant, or other person concerned.
Future judges were to hold the same place in the Irish system as English judges in the English system; their office was to be during good behaviour; they were to be appointed on the advice of the Irish government, removable only on the joint address of the two orders, and their salaries charged on the Irish consolidated fund. The burning question of the royal Irish constabulary was dealt with provisionally. Until a local force was created by the new government, they were to remain at the orders of the lord lieutenant. Ultimately the Irish police were to come under the control of the legislative body. For two years from the passing of the Act, the legislative body was to fix the charge for the whole constabulary of Ireland.
In national as in domestic housekeeping, the figure of available income is the vital question. The total receipts of the Irish exchequer would be £8,350,000, from customs, excise, stamps, income-tax, and non-tax revenue. On a general comparison of the taxable revenues of Ireland and Great Britain, as tested more especially by the property passing under the death duties, the fair proportion due as Ireland's share for imperial purposes, such as interest on the debt, defence, and civil charge, was fixed at one-fifteenth. This would bring the total charge properly imperial up to £3,242,000. Civil charges in Ireland were put at £2,510,000, and the constabulary charge on Ireland was not to exceed £1,000,000, any excess over that sum being debited to England. The Irish government would be left with a surplus of £404,000. This may seem a ludicrously meagre amount, but, compared with the total revenue, it is equivalent to a surplus on our own budget of that date of something like five millions.
The true payment to imperial charges was to be £1,842,000 because of the gross revenue above stated of £1,400,000 though paid in Ireland in the first instance was really paid by British consumers of whisky, porter, and tobacco. This sum, deducted from £3,342,000, leaves the real Irish contribution, namely £1,842,000.
A further sum of uncertain, but substantial amount, would go to the Irish exchequer from another source, to which we have now to turn. With the proposals for self-government were coupled proposals for a settlement of the land question. The ground-work was an option offered to the landlords of being bought out under the terms of the Act. The purchaser was to be an Irish state authority, as the organ representing the legislative body. The occupier was to become the proprietor, [pg 561] except in the congested districts, where the state authority was to be the proprietor. The normal price was to be twenty years' purchase of the net rental. The most important provision, in one sense, was that which recognised the salutary principle that the public credit should not be resorted to on such a scale as this merely for the benefit of a limited number of existing cultivators of the soil, without any direct advantage to the government as representing the community at large. That was effected by making the tenant pay an annual instalment, calculated on the gross rental, while the state authority would repay to the imperial treasury a percentage calculated on the net rental, and the state authority would pocket the difference, estimated to be about 18 per cent. on the sum payable to the selling landlord. How was all this to be secured? Principally, on the annuities paid by the tenants who had purchased their holdings, and if the holdings did not satisfy the charge, then on the revenues of Ireland. All public revenues whatever were to be collected by persons appointed by the Irish government, but these collectors were to pay over all sums that came into their hands to an imperial officer, to be styled a receiver-general. Through him all rents and Irish revenues whatever were to pass, and not a shilling was to be let out for Irish purposes until their obligations to the imperial exchequer had been discharged.