The Viceregal Lodge
The residence of two of the three Irish governors-general. The Royal Assent was given there.

The granting, reserving or withholding of the Royal Assent was one of the key roles, and potentially one of the key powers, possessed by the Governor-General of the Irish Free State. Until it was granted, no bill passed by the Oireachtas (Dáil — Chamber of Deputes — and Seanad &msdash; Senate —) could complete its passage of enactment and become law. Áras an Uachtaráin - Irish presidential palace. ... Áras an Uachtaráin - Irish presidential palace. ... The Governor-General (Irish: Seanascal) was the representative of the King in the 1922–1937 Irish Free State. ...

Origins of the power

The power was created in Article 41 of the Irish Free State Constitution (Saorstát Éireann) Act, 1922 enacted both by the Third Dáil meeting as a constituent assembly and by the Parliament of the United Kingdom and brought into force by a royal proclamation of the King of 6 December 1922. The Constitution of the Irish Free State was the constitution of the southern Irish state established in December 1922. ... The Third Dáil, also known as the Provisional Parliament or the Constituent Assembly, was the parliament of the post-partition twenty-six county Irish state which met from 9th September, 1922 until 9th August 1923. ... A constituent assembly is a body elected with the purpose of drafting, and in some cases, adopting a constitution. ... The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative institution in the United Kingdom and British overseas territories (it alone has parliamentary sovereignty). ... December 6 is the 340th day (341st on leap years) of the year in the Gregorian calendar. ... 1922 was a common year starting on Sunday (see link for calendar). ...

Anglo-Irish Treaty

The role of the Governor-General in legislative enactment was initially defined in the Anglo-Irish Treaty signed in 1921 between plenipotentiaries of the UDI Irish Republic and the United Kingdom of Great Britain and Ireland and which was ratified by three bodies; the United Kingdom parliament, the Second Dáil and the House of Commons of Southern Ireland in December 1921-January 1922. Signature page of the Anglo-Irish Treaty The Anglo-Irish Treaty, officially called the Articles of association between Ireland and the British Empire, was a treaty between the Government of the United Kingdom and representatives of the (extra-judicial) Irish Republic which concluded the Anglo-Irish War. ... The term plenipotentiary (from the Latin, plenus + potens, full + power) refers to, as a noun, a person who has, or as an adjective that confers, full powers. ... A declaration of independence is a proclamation of the independence of a newly formed or reformed independent state from a part or the whole of the territory of another, or a document containing such a declaration. ... The Union Flag, in its modern form, was first adopted in 1801. ... The Second Dáil was Dáil Éireann as it convened from 16th August, 1921 until 8th June, 1922. ... House of Commons of Southern Ireland was the lower house of the Irish parliament created by the Government of Ireland Act, passed in 1920, during the Irish War of Independence. ...

The reason for the Royal Assent

All legislation enacted by the Oireachtas of Saorstát Éireann required the Royal Assent to become law for three reasons. The Great Seal of the Irish Free State All state documents were stamped with the Seal from 1931. ...

1. Article 12 stated that the Oireachtas consisted "of the King and two Houses, the Chamber of Deputies (... "Dáil Eireann") and the Senate (... "Seanad Eireann")". As a result the King through his representative, the Governor-General, was a full participant in law making.
2. In the event of a dispute the signature of the Governor-General on the Act was evidence that it had been fully and validly enacted. This could prove important were in the future a dispute to arise over whether a particular Act had properly been enacted. An example would be where the Dáil was dissolved the same day as the Bill completed its passage. If it had not already received the Royal Assent prior to the dissolution the Bill would fall (ie, die). The existence of the Governor-General's signature would act as proof that the Bill had received its Royal Assent before the dissolution, even if only by one minute.
3. All Acts of the Oireachtas in the Free State were translated into the two state languages, Irish and English. Whichever the Governor-General signed into law would receive primacy in the event of a clash in the texts. (Article 42)

The Republic of Ireland has a common law legal system with four main sources of law: Constitution of Ireland (Bunreacht na hÉireann) Legislation Primary Legislation - Acts of the Oireachtas Secondary Legislation - Statutory Instrument Case law European Community Law Historical The state became independent in 1922 as the Irish Free...

Granting, reserving or withholding Royal Assent

Governor-General Tim Healy (1922—28)
He was instructed by the British Secretary of State for the Dominions to reserve or withhold consent for certain categories of Bills if attempts were made to enact them. No attempt was made.

As with the King and other governors-general in the dominions, the Governor-General of the Irish Free State had three options: Image File history File links This work is copyrighted. ... Image File history File links This work is copyrighted. ... A Dominion is a wholly self-governing or virtually self-governing state of the British Empire or British Commonwealth, particularly one which reached that stage of constitutional development in the late 19th and early 20th centuries such as Canada and New Zealand. ...

1. The granting of the Royal Assent, meaning that a Bill became an Act;
2. The reserve of the Royal Assent "for His Majesty's Pleasure"meaning that the Bill was put into abeyance pending approval of the Bill by the King-in-Council within one year of the Bill having been presented to the Governor-General. If approval was not given within one year the Bill was deemed vetoed;
3. The withholding of the Royal Assent, which meant that the Bill was being vetoed.

Between 1922 and 1928 the Governor-General acted as the agent of both the King and the British Government. As a result, he could act on the advice of either, or on his own initiative withholding or refusing Assent. Following the implementation of a decision of a Commonwealth Conference, the British Government's relationship with all dominion governors-general was terminated, leaving each governor-general to be the exclusive representative of the King (who has received the new style King of Ireland. Henry VIII, became King of Ireland in 1542. ...

Unknown to the Executive Council (His Majesty's Government in the Irish Free State) the first Governor-General, Timothy Michael Healy, was given instructions to exercise the withholding and refusal powers by the United Kingdom Secretary of State for the Dominions, in a number of specific areas: The Executive Council (Irish: Ard-Chomhairle) was the cabinet and de facto executive branch of government of the 1922-1937 Irish Free State. ... His Majestys Government in the Irish Free State (HMGIFS) was the formal designation used by the Executive Council (cabinet) of the Irish Free State in formal correspondence it and the United Kingdom or other Commonwealth states. ... Timothy Michael Healy Timothy Michael Healy, KC (May 17, 1855–March 26, 1931) was one of the most brilliant and most controversial of Irish politicians, with a career that spanned the period from Charles Stewart Parnells leadership of the Irish Parliamentary Party in the 1880s to the foundation of...

• The passage of a Bill that conflicted with the Anglo-Irish Treaty;

• The passage of a constitutional amendment to abolish the Oath of Allegiance to the Irish Free State (which included as subsidary promise of fidelity to the King).

Neither of these senarios occurred during the term of office of Governor-General Healy. By the time his successor, James McNeill took office in 1928 the British Government's power to instruct the Governor-General had been abolished. Though theoretically he could have done so, the third Governor-General, Domhnall Ua Buachalla, chose not to veto the Constitution (Removal of Oath) Act, 1933 enacted in 1933. Signature page of the Anglo-Irish Treaty The Anglo-Irish Treaty, officially called the Articles of association between Ireland and the British Empire, was a treaty between the Government of the United Kingdom and representatives of the (extra-judicial) Irish Republic which concluded the Anglo-Irish War. ... The Irish Oath of Allegiance was a controversial provision in the Anglo-Irish Treaty of 1921, which Irish TDs (members of the Irish parliament) and Senators were required to take, in order to take their seats in Dáil Éireann (The Chamber of Deputies) and Seanad Éireann (the Irish Senate). ... James McNeill (March 27, 1869 - December 12, 1938) was an Irish politician, who served as second Governor-General of the Irish Free State. ... Domhnall Ua Buachalla (pronounced Donal ou-a Bu-calla) or Donal Buckley (February 3, 1866 - October 30, 1963) was an Irish politician, who served as third and final Governor-General of the Irish Free State. ...

Method of Royal Assent

A Bill, having duly passed or having been deemed to pass, in the Dáil and the Seanad, would be presented to the Governor-General (in the Viceregal Lodge until 1932, in his rented residence from 1932 to 1936, by the President of the Executive Council of the Irish Free State. Unlike in the United Kingdom, no parliamentary ceremony was envoked to confirm that the Royal Assent had been given. Its details would instead be published in Iris Oifiguil (the Irish state gazette). Áras an Uachtaráin is the official residence of the President of Ireland, located in the Phoenix Park on the Northside of Dublin1. ... The President of the Executive Council (Irish: Uachtaráin na hArd-Chomhairle) was the head of government or prime minister of the 1922-1937 Irish Free State, and the leader of the Executive Council (cabinet). ...

Abolition of withhold and reserve powers

Leinster House
Seat of Oireachtas Éireann. In 1933 the Oireachtas abolished the Governor-General's right to reserve or withhold the Royal Assent.

In late 1933, the Oireachtas passed the Constitution (Amendment No. 21) Act, 1933 to abolish the power of the Governor-General to reserve or withhold Royal Assent from Bills. image of Leinster House. ... image of Leinster House. ...

The original Article 41 is shown below, with the section deleted indicated.

So soon as any Bill shall have been passed or deemed to have been passed by both Houses, the Executive Council shall present the same to the Representative of the Crown for the signification by him, in the King's name, of the King's assent, and such Representative may withhold the King's assent or reserve the Bill for the signification of the King's pleasure: Provided that the Representative of the Crown shall in the withholding of such assent to or the reservation of any Bill, act in accordance with the law, practice, and constitutional usage governing the like withholding of assent or reservation in the Dominion of Canada.

A Bill reserved for the signification of the King's Pleasure shall not have any force unless and until within one year from the day on which it was presented to the Representative of the Crown for the King's Assent, the Representative of the Crown signifies by speech or message to each of the Houses of the Oireachtas, or by proclamation, that it has received the Assent of the King in Council.

An entry of every such speech, message or proclamation shall be made in the Journal of each House and a duplicate thereof duly attested shall be delivered to the proper officer to be kept among the Records of the Irish Free State (Saorstát Eireann).

The effect of the change was both to dramatically limit the Governor-General's powers and to prevent any role for the King-in-Council in lawmaking in the Irish Free State. The right of appeal to the Judicial Committee of the Privy Council was also abolished in 1933 in the Constitution (Amendment No.22) Act, 1933 while the Constitution (Amendment No. 20) Act, 1933 abolished the Governor-General's role in formally recommending the appropriation of funds to the Dáil by message. That role was instead given directly to the Executive Council. The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. ...

The series of three constitutional amendments in 1933 severely curtailed the role of the Governor-General of the Irish Free State.

Domhnall Ua Buachalla

Governor-General Ua Buachalla (right)
Last person to grant the Royal Assent in Ireland

In 1933 the Counsellors of State, Queen Mary, Prince Edward, Prince of Wales and Prince Albert, Duke of York (acting for King George V who was ill), on the advice of the President of the Executive Council, Éamon de Valera, formally appointed an Anti-Treaty ex-Fianna Fáil TD, Domhnall Ua Buachalla (Donal Buckley) to become Governor-General of the Irish Free State. Though advised by de Valera's Executive Council not to carry out public engagements, Ua Buachalla continued to carry out his official state functions, including the granting of the Royal Assent. Eamon de Valera at founding of Fianna Fáil. ... Eamon de Valera at founding of Fianna Fáil. ... Mary of Teck Princess Mary of Teck (Victoria Mary Augusta Louise Olga Pauline Claudine Agnes) (26 May 1867 – 24 March 1953), later Queen Mary, was the Queen consort of George V of the United Kingdom. ... Edward VIII (Edward Albert Christian George Andrew Patrick David Windsor), later The Prince Edward, Duke of Windsor (23 June 1894 – 28 May 1972), was the second British monarch of the House of Windsor. ... George VI (Albert Frederick Arthur George Windsor) (14 December 1895–6 February 1952) was the third British monarch of the House of Windsor, reigning from 11 December 1936 until his death. ... George V (George Frederick Ernest Albert Windsor, (3 June 1865–20 January 1936) was the last British monarch of the House of Saxe-Coburg-Gotha, changing the name to the House of Windsor in 1917. ... Fianna Fáil - The Republican Party (IPA ; English translation: Soldiers of Destiny) is the largest political party in Ireland. ... A Teachta Dála (Irish for Dáil Deputy, pronounced chock-ta dawla) is a member of Dáil Éireann, the lower chamber of the Irish Oireachtas or Legislature. ... Domhnall Ua Buachalla (pronounced Donal ou-a Bu-calla) or Donal Buckley (February 3, 1866 - October 30, 1963) was an Irish politician, who served as third and final Governor-General of the Irish Free State. ...

Abolition of the Royal Assent

The Royal Assent was abolished by the Constitution (Amendment No. 27) Act, 1936. That Act was the last to receive the Royal Assent. The new Act instead required that the Ceann Comhairle (speaker of Dáil Éireann) sign bills into law. Under the new 1937 constitution Bunreacht na hÉireann, which came into force almost exactly one year later, the role of signing bills into law was given to the President of Ireland. The Constitution (Amendment No. ... The Ceann Comhairle1 is the chairman or speaker of Dáil Éireann, the lower house of the Oireachtas (parliament) of the Republic of Ireland. ... The Dáil Chamber Dáil Éireann is the lower house of the Oireachtas (parliament) of the Republic of Ireland. ... The Constitution of Ireland is the founding legal document of the state known today as the Republic of Ireland. ... The President of Ireland (Irish: Uachtarán na hÉireann) is the head of state of the Republic of Ireland. ...