will not be able to
repeal or alter any enactments so enacted by the Imperial Parliament
which are expressly extended to Ireland. Thus the Irish Parliament
might, it is submitted, on the Home Rule Bill passing into law repeal
the Criminal Law and Procedure (Ireland) Act, 1887, 50 & 51 Vict. c. 20.
But if, after the Home Rule Bill passed into law, the Criminal Law and
Procedure (Ireland) Act, 1887, were continued, or after its repeal by
the Irish Parliament were re-enacted, by the Imperial Parliament, then
the Irish Parliament could not repeal the Act or any part of it. Still
clause 33 of the Home Rule Bill is much too vaguely expressed. What, for
example, is the effect of an Act of the Imperial Parliament which is
'impliedly' extended to Ireland? If my interpretation of the clause is
the right one, the meaning of the clause ought to be made perfectly
clear; ambiguity in such a matter is unpardonable.
[28] See pp. 4-6 _ante_. This ambiguity underlies and vitiates almost
every argument used by Home Rulers, whether English or Irish, in favour
of Home Rule. English Home Rulers emphasise and exaggerate the extent of
the control, or the so-called supremacy, which, after the establishment
of an Irish Parliament, can and will be exerted in Ireland by the
Imperial Parliament at Westminster. Irish Home Rulers, when addressing
English electors, or the Imperial Parliament, often use language which
resembles the phrases of their English allies. But assuredly Irish Home
Rulers, when addressing Irishmen, or when collecting subscriptions from
American citizens of Irish descent, speak the language of Irish
Nationalists and cut down the effective supremacy of the Imperial
Parliament after the granting of Home Rule so as to make it consistent
with the war cry of 'Ireland a Nation.' (Compare Cambray's _Irish
Affairs and the Home Rule Question_, pp. 48-65.)
[29] Mr. Sexton, Feb. 13, 1893, _Times Parliamentary Debates_, p. 319;
Mr. Redmond, Feb. 14, 1893, _ibid_. pp. 350-52; and April 13, 1893,
_ibid_. p. 414. Compare especially language of Mr. Redmond, _Irish
Independent,_ Feb. 17, and note that all the arguments for Home Rule
drawn from its success or alleged success in the British Colonies imply
that the relation of the Imperial Parliament to Ireland shall resemble
its relation to the Colonies. See generally, debate of May 16 in _The
Times,_ May 17, pp. 6-8.
[30] Feb. 13, 1893, _Times Parliamentary Debates_, p. 303.
[31] April 14
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