asked the Minister for External Affairs if he will state what reply has been sent by the Irish Government to the recent communication from the Secretariat of the League of Nations transmitting the protest of the British Government against the registration of the Treaty between Ireland and Great Britain, 1921.
PRIVATE NOTICE QUESTIONS. - THE TREATY AND THE LEAGUE OF NATIONS.
I regret that as we have only received the communication from the Secretariat of the League of Nations on Tuesday it would not be possible for the Secretary-General to have received our reply by this, and therefore I cannot give the exact terms of our reply to him. But, as Deputies are aware from the newspapers, the British Government wrote to the Secretary of the League of Nations stating that since the coming into force of the Covenant they have consistently taken a certain point of view with regard to Article 18 of the Covenant. We have replied to the Secretary-General stating that we do not share that point of view.
Does the Minister propose to take any steps to counterbalance or to correct the disruptive influence of that communication within the League itself?
I think it should be understood that what has actually happened is that one member of the League of Nations has written to the Secretariat stating that since the coming into force of the Covenant they have a certain point of view with regard to a certain article of the Covenant. Now, that has obviously a certain bearing on us in the particular circumstances. One of the members of the League has stated their point of view with regard to the Covenant, and we have written in the same way as the British Government wrote, stating that we do not share that point of view. I think that on the face of the Covenant there cannot be much question as to whose point of view as to the reading of Article 18 is correct.
Will the Minister state if, in his opinion, any action will be taken by the League itself to pass judgment on this action of the British Government?
I cannot say that. I want to point out merely that the British Government have expressed an opinion that they hold with regard to a certain Article of the Covenant. The League may conceivably inform the British Government that the circumstances of the case do not warrant or do not justify that opinion, or inconceivably, they might say that the circumstances of the case do warrant that opinion. But I cannot say whether they will take action or not.
Can the Minister state whether Canada, or any other of the Dominions, have taken any action in this matter?
They have taken no action so far as we have heard. It must be remembered that this communication only reached us from the League on Tuesday last, so that it may not have reached Canada yet.
In the case of such a situation as this arising, in the Minister's view is there no obligation on the League of Nations itself to meet and pass judgment on any particular action of any particular member or the interpretation of any Article in the Covenant of the League of Nations when such a situation arises?
This is not an interpretation. It is merely a statement of opinion.
An apology for not having registered the Treaty themselves.
Inasmuch as the opinion of the British Empire, the Commonwealth——
No, it is Great Britain.
They have so many names. Inasmuch as the opinion of Great Britain is of such vital importance to this State, will the Minister make any representation to the proper authorities to enable a ruling to be given on this matter?
The Deputy says that the opinion of the British Government is of such vital importance to this State. Well, we have also written to the British Government.
That is not answering the question. The opinion of the British Government is of vital importance to this State, for reasons that are known to everybody. Inasmuch as that is a fact, has the Minister made any representations to the League of Nations to have a ruling given on that opinion expressed by the British Government publicly?
The League of Nations has a Covenant written down in fairly clear terms. Until there is something to the contrary as to the meaning of Article 18 we must take the meaning that is clear, obvious and unequivocal in that Article. Therefore, when you have a thing perfectly clear you cannot ask anybody to make it any clearer. If the League of Nations propose taking some action, saying what Article 18 obviously means, or does not mean, then obviously we would have to come along with the meaning that we associate with the Article. Article 18 is perfectly clear; our opinion of Article 18 is in accord with the clearness of Article 18, and until we have some reason to believe that the League of Nations has a contrary opinion I do not think we could ask them to take action.
Could the Minister tell us whether it is the practice of the Secretariat of the League to communicate such communications as you have sent to them to other members of the League, and will that be done in this case?
The letter that we have sent to the League of Nations is sent in just the same terms as the British letter, and we presume that it will have the same circulation as their letter.
Can the Minister give the contents of the document that has been sent to the British Government?
I cannot do that.
Does he intend to publish it?
Who is to judge whether the opinion of the British Minister or our Minister is correct, and when is this judgment going to be made on the opinions expressed by both? Is the matter to lie in abeyance until some harm is done?
The only people competent to make a recommendation or express an opinion on that is the whole League of Nations.
When are they going to meet?
I take it the Minister will be prepared to publish in due course after the League of Nations has received that communication the contents and the purport of that communication, in this country.
Yes. I would give it to the Dáil at this moment if I did not know that the Secretary of the League of Nations had not received it. I will see it is published as soon as he has received it.
Are we to take it that he will publish the communication sent to the British Government and, if so, when?
Communications between the British Government and the Irish Government are confidential despatches that may be published by agreement with the British Government but without that agreement we cannot publish them.