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Dáil Éireann debate -
Tuesday, 20 Oct 1953

Vol. 142 No. 1

Ceisteanna—Questions. Oral Answers. - Draft Constitution of Saorstát Éireann.

asked the Taoiseach if he will state if the Draft Constitution of Saorstát Éireann, prepared by the Constitution Committee appointed by the Provisional Government of Saorstát Éireann in 1922, has been published; and, if not, if he will arrange to have the document in question now published, or, alternatively, to have it placed in the Oireachtas Library; further, if he will give the names of the members of the said Constitution Committee and its terms of reference.

The committee mentioned by the Deputy was appointed by the Provisional Government in January, 1922, for the purpose of drafting the Constitution of the Irish Free State. I cannot find that the committee was given any more formal terms of reference. Its members were:—Michael Collins (Chairman), Darrel Figgis, James McNeill, Hugh Kennedy, John O'Byrne, Professor James A. Murnaghan, James G. Douglas; C.J. France, and Professor Alfred O'Rahilly.

The committee submitted to the Provisional Government, on the 7th March, 1922, three separate draft Constitutions, each of them signed by different members of the committee. One of these drafts was selected by the Provisional Government, and a revised draft based upon it was prepared. This revised draft was discussed with the British Government, and an amended text, agreed to by both sides, was arrived at. This agreed text was published by the Provisional Government on the 16th June, 1922.

None of the three texts submitted to the Provisional Government nor the revised draft used in discussion with the British Government has ever been published. Hitherto, these documents have been regarded as confidential State papers, and I am inclined to the view that they should continue to be so regarded for a further period. Theyare, however, of some historical interest, and, if there should be any general desire for their publication, I would be prepared to have the matter further considered.

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