Despatch from Patrick McGilligan to L.S. Amery (London)
(D.5648C) (No. 35) (Confidential) (Copy)

Sir,

With reference to your despatch No. 35 Confidential of the 23rd January, regarding the Ratification of the Treaty for the Renunciation of War, I have the honour to inform you that the approval of the Dáil and Senate has to be obtained before His Majesty's Government in the Irish Free State advise his Majesty to sign the instrument of ratification. The two houses of the Oireachtas meet on the 20th February. The instrument will be forwarded within the next ten days so that it may be at hand for signature when the approval of the Oireachtas has been obtained and notification given by wire.

2. In this connection His Majesty's Government in the Irish Free State have had under consideration your telegram Circular A. No. 59 of the 4th December and your despatch Dominions No. 580 of the 11th December 1928 concerning the appointment of Counsellors of State. They believed at the time of the appointment that His Majesty's illness would not prevent the exercise of his ordinary duties for more than five or six weeks and they deferred advising His Majesty to sign any instruments until the stage of convalescence had been reached. His Majesty's Government in the Irish Free State now regret to learn that that stage may not be reached for another month or two. The Counsellors of State were not presumably intended to function in matters concerning the Governments of the British Commonwealth other than that of Great Britain. They were appointed by His Majesty, on the advice of the Privy Council in Great Britain, through an Executive Act of the British Government. If it had been intended to appoint Counsellors who should act on His Majesty's behalf in respect of His Majesty's other Governments the latter would have been consulted and His Majesty would no doubt have been advised to appoint as Counsellors Members of the Royal Family exclusively. Such an appointment on the common advice of all his Governments would have been in strict accordance with the spirit of the Imperial Conference report of 1926.

3. His Majesty's Government in the Irish Free State fully understand how difficult it was for His Majesty's Government in Great Britain to estimate the probable duration of His Majesty's illness at the time of the appointment of the Counsellors, and they do not therefore wish to urge the reconstitution of the Regency body in order to meet the needs of the other Governments of His Majesty. On the other hand, they cannot accept the signature of the Counsellors in lieu of His Majesty's signature in matters concerning the Irish Free State, and they accordingly intend to advise His Majesty, if it is reasonably possible to sign or initial documents presented to him by them, or, in case the signature or initialling cannot be effected without causing fatigue to His Majesty, to appoint Her Majesty the Queen, His Royal Highness the Prince of Wales, and His Royal Highness the Duke of York, as His Majesty's representatives, to sign such documents on his behalf.