Despatch from Patrick McGilligan to Lord Passfield (London)
(D.5649 C) (No. 247) (Confidential)

My Lord,

I have the honour to refer to Mr. Amery's Confidential despatch No. 257 of the 3rd June regarding the ratification in respect of the Irish Free State of the Treaty for the Renunciation of War signed at Paris on the 27th August, 1928.

2. His Majesty's Government in the Irish Free State, having carefully considered the observations of His Majesty's Government in the United Kingdom, regret that they are unable to agree with the views expressed in paragraph 4 of the despatch under reply. As I have already stated in my confidential despatch No. 85 of the 14th March,¹ His Majesty's Government in the Irish Free State consider that modifications in forms and procedure which owing to the constitutional practice in any part of the Commonwealth it may be necessary to make are solely the interest of the Government concerned. His Majesty's Government in the Irish Free State fail to see how modifications in the form of ratification which the special circumstances of the Irish Free State required could in any way affect the interests of or have embarrassing consequences for other Governments of His Majesty. If uniformity is expected in a matter of this kind it might also be said that uniformity should exist regarding the submission of treaties to Parliament before ratification. The one is as much a question of constitutional practice as the other. Yet the Imperial Conference Report, 1923, declares that 'it is for each Government to decide whether parliamentary approval or legislation is required before desire for, or concurrence in ratification is intimated by that Government'.

3. Discussion on these questions could not in the nature of things be helpful, as the particular circumstances in any part of the Commonwealth, which can only be properly appreciated by the Government concerned, must ultimately be the deciding factor. In this connection it will be remembered that the Kellogg Pact was the first International Treaty which was ratified separately in respect of all parts of the Commonwealth yet so far as His Majesty's Government in the Irish Free State are aware this change in practice was not decided on as the result of  'discussion and agreement'.

4. His Majesty's Government in the Irish Free State are definitely of opinion that insistence on uniformity of form or procedure in these matters would be directly opposed to the principle of co-equality and free association. In their view all the Members of the British Commonwealth must be free to introduce such modifications in existing forms as their interests may require provided that these modifications are in harmony with constitutional facts.