Separation of fact from fiction. Exposing a fake constitution, a fake state and a fake IRB
By Cathal Quigley
Due to the circulation of a number of false documents all purporting to be the authentic Dáil Éireann’s 1919 Constitution, it is important to finally put the record straight.
One of those documents outlandishly claims to be “The Sovereign Constitution”, the “Vaughan’s Hotel Constitution of the Republic of Ireland”, and the “IRB Constitution.”
No hotel or any organisation including the IRB had any hand, act or part in framing the Constitution of Dáil Éireann 1919 other than attending members of Dáil Éireann itself. The IRB clarified their non involvement in relation to this to our reporter. “To suggest otherwise would be an insult to the first Dáil and to the Constitution itself” their spokesman said.
The MacSwiney Draft Document
In 1929 Kathleen MacSwiney the sister of Terence MacSwiney put together a ‘draft constitution’ for consideration and discussion among republicans in Dublin. It was simply a rough draft and nothing more than a discussion document. It was never meant to be anything else. Unfortunately, Billy McGuire a former president of the IRB came under the misapprehension that this was the ‘1919 Constitution’ of the ‘Sovereign Republic of Eire’ that he claimed was created by Dáil Éireann in 1919. No such entity and no such constitution was ever created or ever existed.
“The Sovereign Republic of Eire”
McGuire circulated the 1929 MacSwiney draft document far and wide purporting it to the 1919 constitution. Many people accepted his false assertion and believed it to be what he claimed. Some still do. He has gone so far as to set up a false IRB and declare himself as its president for life. He also claims to be the president of “The Sovereign Republic of Eire” (for life no doubt) an entity that exists only in his own head and in the heads of those historically illiterate who are gullible enough to believe him.
He and his deluded followers are functioning as ‘controlled opposition’ whether they realise it or not. His followers also make money by selling false and fake ‘Nationality’ documents. They all live in the fictitious ‘Sovereign Republic of Eire’ where they pay homage to President McGuire who gives them grandiose titles as a result of which they feel very important. This is all a fantasy. The ‘Sovereign Republic of Eire’ is like the Emperor with no clothes. It has no physical existence.
The ‘Dáil Éireann Constitution’
For the record, the ‘Dáil Éireann Constitution’ was the short, provisional constitution created specifically for the effective running of the Dáil. It was adopted by the First Dáil at its first historic meeting on 21 January 1919. It was not created as a constitution for the 1919 Irish Republic which it had just established. It was never meant to be a constitution for the Irish Nation. That was to come later but it never happened because of the intervening “Treaty”, the suppression of Dáil Éireann, the establishment of the 26 county “Free State” that led to the counter revolutionary bloody civil war.
The Power to Legislate
As it was hurriedly adopted the ‘Dáil Éireann Constitution’ consisted of only five short articles. Article 1 declared that the Dáil had “full powers to legislate” and would consist of representatives that had been elected in the course of the 1918 general election and had chosen to attend Dáil Éireann rather than any British parliament.
For the exercise of executive power it created a cabinet, answerable to the Dáil, called the Aireacht (or Ministry), headed by a Príomh Aire (or Prime Minister) in practice known as the President of Dáil Éireann.
The constitution did not make any reference to a judiciary but this did not prevent the Dáil from establishing an effective system of Dáil Courts.
The Dáil Éireann Constitution 1919
The following is the text of The Dáil Éireann Constitution 1919 as originally adopted solely for the functioning of Dáil Éireann, in both English and Irish.
Article 1
All legislative powers shall be vested in Dáil Éireann, composing of Deputies, elected by the Irish people from the existing Irish Parliamentary constituencies.
Article 2
(a) All executive powers shall be vested in the members, for the time being, of the Ministry. (b) The Ministry shall consist of a President of the Ministry, elected by Dáil Éireann, and four Executive Officers, viz.;
A Secretary of Finance
A Secretary of Home Affairs
A Secretary of Foreign Affairs
A Secretary of National Defence
each of whom the President shall nominate and have power to dismiss.
(c) Every member of the Ministry shall be a member of Dáil Éireann, and shall at all times be responsible to the Dáil.
(d) At the first meeting of Dáil Éireann after their nomination by the President, or during the meeting at which the President shall himself have been elected to his office, the names of the Executive Officers shall be separately submitted to Dáil Éireann for approval.
(e) The appointment of the President shall date from his election, and the appointment of each Executive Officer from the date of the approval by the Dáil of his nomination.
(f) The Ministry or any member thereof may at any time be removed by vote of the Dáil upon motion for that specific purpose, provided that at least seven days notice in writing of that motion shall have been given.
(g) The President may himself in writing nominate from among the Members of the Ministry a President-Substitute who shall act in his place and exercise all his powers (including the power to nominate a President-Substitute with Presidential Status, and the power to nominate Substitute Ministers) in the event of the President becoming unable by reason of enemy action, or absence abroad, or illness, or other emergency, to perform the functions of his office; if occasion arises for the President Substitute to assume office he shall act as President of the Ministry until the President resumes his functions or resigns, or until he himself becomes unable by reason of enemy action, absence abroad, illness, or other emergency, to perform the functions of the office; if at any time there is no President or President-Substitute, or if there is no President or President-Substitute able to perform the functions of the Presidential Office, a meeting of Dáil shall be convened to elect a President.
(h) Whenever any Member of the Ministry other than the President shall become unable by reason of enemy action, absence abroad, illness, or other emergency, to perform the functions of his office, the President may forthwith—and shall if the incapacity shall extend over thirty days —appoint another Deputy as Minister-Substitute to fill his place and exercise all his powers during his absence, but the name of every Substitute-Minister shall be submitted for approval to the next meeting of Dáil after his appointment if the incapacity of the original Minister then continues.
Article 3
A Chairman elected annually by the Dáil, and in his absence a Deputy Chairman so elected, shall preside at all meetings of Dáil Éireann. Only members of the Dáil shall be eligible for these offices. In case of the absence of the Chairman and Deputy Chairman the Dáil shall fill the vacancies or elect a temporary Chairman.
Article 4
All monies required by the Ministry shall be obtained on vote of the Dáil. The Ministry shall be responsible to the Dáil for all monies so obtained, and shall present properly audited accounts for the expenditure of the same -twice yearly- in the months of May and November. The audit shall be conducted by an Auditor or Auditors appointed by the Dáil. No member of the Dáil shall be eligible for such appointment.
Article 5
This Constitution is provisional and is liable to alteration upon seven days written notice of motion for that specific purpose.
The Text in Irish
AN CHEUD ALT.
Beidh iomlán comhachta chun dlighthe dheunamh ag Dáil Éireann agus isé bheidh san Dáil ná teachtaí toghtha ag muintir na hÉireann ó sna dáilcheanntair atá san tír fé láthair.
AN DARA hALT.
- Beidh iomlán comhachta gnímh éan tráth aca so a bheidh I bhfeadhmannus san Aireacht an tráth soin.
- Isé bheidh san Aireacht ná Príomh-aireach, toghtha ag Dáil Éireann, agus ceathrar Aireach eile, eadhon:
Aireach Airgid.
Aireach Gnóthaí Dúthchais.
Aireach Gnóthaí Coigcríoch.
Aireach Cosanta
Isé an Príomh-Aireach ainmneochaidh an ceathrar Aireach eile, agus beidh de chomhacht aige iad do chur as feadhmannus.
- Is éigean do gach Aireach bheith n-a Theachta san Dáil agus beidh sé freagarthach I gcomhnuidhe don Dáil.
- Is éigean ainmneacha na nAireach do chur fé bhrághaid na Dála ag an gceud thionól taréis don Phríomh-Aireach a n-ainmniughadh, I gcóir a ndeimhnighthe.
- Beidh an príomh-Aireach I bhfeadhmannus chomh luath is a thoghfar é, agus beidh na hAirigh eile I bhfeadhmannus chomh luath agus a dheimhneóchaidh an Dáil a n-ainmneacha.
- Is féidir don Dáil an Aireacht nó éan duine desna hAirigh do chur as feadhmhannus le neart bhótaí má chuirtear foláramh rúin fé scríbhinn d’éan toisc chuige sin isteach seacht lá roimh ré.
AN TRÍOMHADH ALT.
Ceann Comhairle toghtha ag an Dáil I naghaidh na bliadhna, nó Ceann Ionaid toghtha I naghaidh na bliadhna, muna mbíonn an Ceann Comhailre I láthair, a bheidh I gceannas gach tionóil den Dáil. Ní bheidh I gceannas infheadhma I gcóir na n-ionad so acht Teachtaí de’n Dáil. Má bhíonn an Ceann Comhairle agus an Ceann Ionaid as láthair, ceapfaidh an Dáil lucht ionaid nó toghfaidh siad Ceann Comhairle sealadach.
AN CEATHRAMHADH ALT.
Gheobhaidh an tAireach pé airgead bheidh uaidh de bhárr bhóta na Dála. Beidh an tAireach freagarthach don Dáil san airgead a gheobhfar mar sin agus leagfaidh sé cúntaisí mionscrúduighthe ar chaitheamh an airgid fé bhrághaid na Dála dhá uair sa bhliadhain – um Shamhain is um Bealtaine. Scrúdaidhe nó Scrúdaidhthe toghtha ag an Dáil a dheunfaidh an mionscrúdadh. Ní féidir éin Teachta den Dáil do thoghadh mar Scrúdaidhe.
AN CÚIGMHADH ALT.
Bunreacht sealadach é seo agus is féidir é d’atharughadh ach foláramh fé scríbhinn do thabhairt d’éan toisc chuige sin, seacht lá roimh ré.
The Dáil Éireann Constitution as amended on 25 August 25th 1921
The Dáil Éireann Constitution as adopted by Dáil Éireann, the parliament of the Republic, at its first meeting in the Mansion House, Dublin, on 21 January, 1919 is the above text.
It was subsequently amended on April 1st 1919 and again on August 25th 1921. The text below is the text of the constitution as amended on 25 August 25th 1921. The changes made to the text on that date are indicated in bold below.
Article 1
All legislative powers shall be vested in Dáil Éireann, composed of Deputies, elected by the Irish people from the existing Irish Parliamentary Constituencies.
Article 2
(a) All executive powers shall be vested in the members for the time being of the Cabinet.
(b) The Cabinet shall consist of the President who shall also be Prime Minister and be elected by Dáil Éireann and six Executive Officers, viz.:—
A Secretary of State for Foreign Affairs,
A Secretary of State for Home Affairs,
A Secretary of State for National Defence,
A Secretary of State for Finance,
A Secretary of State for Local Government,
A Secretary of State for Economic Affairs,
each of whom the President shall nominate and shall have power to dismiss.
(c) Every member of the Cabinet shall be a member of Dáil Éireann and shall at all times be responsible to the Dáil.
(d) At the first meeting of Dáil Éireann after their nomination by the President, or during the meeting at which the President shall himself have been elected to his office, the names of the Executive Officers shall be separately submitted to Dáil Éireann for approval.
(e) The appointment of the President shall date from his election and the appointment of each Executive Officer from the date of the approval by the Dáil of his nomination.
(f) The Cabinet, or any member thereof, may at any time be removed by vote of the Dáil upon motion for that specific purpose, provided, that at least seven days’ notice in writing of that motion shall have been given.
(g) The President may himself in writing nominate from among the members of the Cabinet a President Substitute who shall act in his place and exercise all his powers (including the power to nominate a President Substitute with Presidential status, and the power to nominate Substitute Ministers). In the event of the President becoming unable by reason of enemy action, or absence abroad, or illness, or other emergency, to perform the functions of his office, if occasion arises for the President Substitute to assume office he shall act as President of the Cabinet until the President resumes his functions or resigns or until he himself becomes unable by reason of enemy action, absence abroad, illness, or other emergency, to perform the functions of the office; if at any time there is no President or President Substitute or if there is no President or President Substitute able to perform the functions of the Presidential Office, a meeting of Dáil shall be convened to elect a President.
(h) Whenever any member of the Cabinet other than the President shall become unable by reason of enemy action, absence abroad, illness or other emergency, to perform the functions of his office, the President may forthwith—and shall if the incapacity shall extend over thirty days—appoint another Deputy as Minister Substitute to fill his place and exercise all his powers during his absence, but the name of every Substitute Minister shall be submitted for approval to the next meeting of Dáil after his appointment if the incapacity of the original Minister then continues.
Article 3
A Chairman elected annually by the Dáil, and in his absence a Deputy Chairman so elected, shall preside at all meetings of Dáil Éireann. Only members of the Dáil shall be eligible for these offices. In case of the absence of the Chairman and Deputy Chairman the Dáil shall fill the vacancies or elect a temporary Chairman.
Article 4
All monies required by the Cabinet shall be obtained on Vote of the Dáil. The Cabinet shall be responsible to the Dáil for all monies so obtained. The Minister for Finance shall present properly audited accounts for the expenditure of these monies twice yearly in the months of July and January for the respective half-yearly periods ending 30th June and 31st December. The Audit shall be conducted by an Auditor or Auditors appointed by the Dáil. No member of the Dáil shall be eligible for such appointment.
Article 5
This Constitution is provisional and is liable to alteration upon seven days’ written notice of motion for that specific purpose.