After three years from the commencement of the first Irish Parliament, the latter may alter (as respects the Irish House of Commons) the law relating to the qualification and registration of electors, to elections and the questioning of elections, and to the constituencies and the distribution of members amongst the same. But in any new distribution the total number of members must not be altered, and due

regard is to be had to the population of constituencies other than University constituencies. (r)

Qualifications of Members.-The Act provides for the qualification of members of the Irish Parliament as follows:-

(1) The law for the time being in force as to the qualification and disqualification of members of the Imperial House of Commons, and the taking of the parliamentary oath is to apply to members of the Irish Senate and House of Commons.

(2) All existing election laws relating to the Imperial House of Commons are (so far as applicable, and subject to the Act and to any provisos of the same enabling the Irish Parliament to alter them) to extend to both Houses of the Irish Parliament. (s)

(3) Any peer, whether of the United Kingdom, Great Britain, England, Scotland, or Ireland, is qualified to be a member of either House. (t)

(4) A member of either House is to be incapable of being nominated for, or elected to, or of sitting as a member of the other House; but Irish ministers being members of either House are to have the right to sit and speak in both Houses, but may vote only in the House of which they are members. (u) (5) Except as otherwise provided by Irish Act His Majesty may declare by Order in Council that the holders of the offices in the Irish executive named in the Order are not to be disqualified from being members of either of the Irish Houses by reason of holding office under the Crown, but on acceptance any such office the seat of any such person in the Irish House of Commons is to be vacated unless he accepted the office in succession to some other of the named offices. (x)

of

Resignation and Vacancies of Members of Irish Parliament.— Members of either House may resign their seats by giving notice of resignation as directed by standing orders of the House, or if there is no such direction, by notice of resignation

(r) 4 & 5 Geo. V. c. 90, s. 9, Sched. I. Pt. i.

(s) Ib. s. 45 (2). Provision may be made by Order in Council making any election laws applicable to either House, and framing regulations for voting at elections held on the principle of proportional representation, and for counting and transferring votes at the same.

(t) Ib. s. 12 (2) (3).

(u) Ib. s. 12 (4).

(x) Ib. s. 12 (7).

C.L.E.

28

Ib.

given in writing to the Lord Lieutenant. (y) The powers of either House are not to be affected by any vacancy therein, or by reason of any defect in the nomination, election, or qualification of any member of the same. (2)

Privileges of the Irish Parliament.-The powers, privileges, and immunities of the Irish Senate and House of Commons, and of the members and committees of the same are to be such as may be defined by Irish Act, so that they do not exceed those for the time being enjoyed by the Imperial House of Commons and its members and committees. Until so defined they are to be those enjoyed by the Imperial House of Commons at the date of the passing of the Government of Ireland Act, 1914. (a)

it

Powers and Limitations of the Irish Parliament.-The supreme power and authority of the Imperial Parliament is to remain unaffected and undiminished over all persons, matters, and things, notwithstanding the establishment of the Irish Parliament. But subject to the provisions of the Act, the Irish Parliament may make laws for the peace, order, and good government of Ireland subject to the limitation that may not make laws in respect of the following matters (b) :— (1) The Irish Parliament may not repeal or alter any provision of the Government of Ireland Act, 1914 (except as specially provided by the Act), or of any Acts passed by the Imperial Parliament after the passing of the Government of Ireland Act, 1914, and extending to Ireland, although such provision deals with a matter as to which the Irish Parliament can make laws. This provision is not, however, to affect the power of the Irish Parliament to vary an Imperial tax in accordance with the Government of Ireland Act, 1914, or any variation so made. (c)

(2) Matters not exclusively relating to Ireland or some

(y) 4 & 5 Geo. V. c. 90, s. 12 (5).

(z) Ib. s. 12 (6).

(a) Ib. s. 12 (1).

(b) Ib. ss. 1 (2), 2. Any law made in contravention of this limitation is void. Ib.

(c) Ib. s. 41 (1) (2). The provisions of Irish Acts within the powers of the Irish Parliament, but dealing with matters dealt with by Imperial Act (or any order, rule, or regulation made in pursuance of, or having the force of an Imperial Act) passed after the Government of Ireland Act, 1914, and extending to Ireland, are to be read subject to such Imperial Act, and so far as repugnant to the latter (but no further) are to be void.