Despatch from Patrick McGilligan to Lord Passfield (London)
(D.4363B) (No. 26)

My Lord,

I have the honour to refer to your Lordship's despatch No. 7 of the 4th January transmitting a copy of a telegram to Canada, the Commonwealth of Australia, New Zealand and the Union of South Africa regarding the ratification of the declaration made on behalf of His Majesty's Government in the United Kingdom at Geneva on the 19th September accepting the Optional Clause of Article 36 of the Statute of the Permanent Court of International Justice. The declaration accepting the Compulsory Jurisdiction of the Permanent Court is an undertaking between the States members of the League of Nations and it is for each State to decide what form its ratification of the declaration will take.

2. His Majesty's Government in the Irish Free State feel, having regard to their views on the Optional Clause generally, which are already known to the other Governments of the Commonwealth, and to the fact that the Statute of the Permanent Court is not a Heads of States Agreement, that the Irish Free State declaration accepting the Compulsory Jurisdiction of the Permanent Court within the meaning of Article 36 should not be ratified by the King.

3. It is accordingly proposed that ratification of the declaration when approved by the Oireachtas should be in the Governmental form.