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Tag Archives: Irish Free State (Agreement) Act 1922


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Birth of Pierce McCan

Pierce McCan, Sinn Féin politician, is born at Prospect Lodge, Ballyanne Desmesne, County Wexford, on August 2, 1882. 

McCan is the son of Francis McCan, a land agent, and Jane Power. He is the nephew of Patrick Joseph Power, MP for East Waterford from 1885 to 1913. He attends Clongowes Wood College and Downside School. He resides at Ballyowen House, Dualla, Cashel, County Tipperary, and is an “extensive farmer” and is a member of the Tipperary Hunt.

McCan is a founder member of Sinn Féin in 1905. He joins the Gaelic League in 1909 and is a member of the Irish Volunteers from 1914 onward.

After more than 2,000 German and Austrian prisoners are imprisoned at Richmond Barracks, Templemore, County Tipperary, following the first battles of World War I in 1914, he plots to engineer a mass escape but is thwarted when the prisoners are removed to Leigh, Lancashire in 1915. He is interned in 1916 after the Easter Rising for several months in Richmond Barracks, Dublin, and Knutsford, England. In May 1918, he is arrested under the German Plot and detained in Gloucester Gaol.

McCan is president of the East Tipperary executive of Sinn Féin. While incarcerated, he is elected as a Sinn Féin MP for the East Tipperary constituency at the 1918 United Kingdom general election in Ireland.

In January 1919, Sinn Féin MPs refuse to recognise the Parliament of the United Kingdom and instead assembles in the Mansion House, Dublin as a revolutionary parliament called Dáil Éireann. McCan never sits in Dáil Éireann, dying in prison on March 6, 1919, during the Spanish flu pandemic. On March 9, 1919, he is buried in Dualla, Cashel, County Tipperary.

No by-election is called to replace him in the UK constituency. After April 1, 1922, the Irish Free State (Agreement) Act 1922 prohibits any by-election, and the constituency is abolished when parliament is dissolved on October 26, 1922, for the general election on November 15.

The First Dáil also considers how to fill the vacancy. A select committee in April recommends that the local Sinn Féin organisation which nominated him should nominate his replacement. A June proposal to postpone action, either for six months or until a Westminster by-election is held, is referred to another committee, which recommends that “in view of the circumstances which occasioned the vacancy, it was due to the memory of the late Pierce McCann that his place should not be filled at present.”

On April 10, 1919, Cathal Brugha tells the First Dáil: “Before I formally move the motion, as I have mentioned the name of Pierce McCan, I would ask the Members of the Dáil to stand up as a mark of our respect to the first man of our body to die for Ireland, and of our sympathy with his relatives. We are sure that their sorrow is lightened by the fact that his death was for the cause for which he would have lived, and that his memory will ever be cherished in the hearts of the comrades who knew him, and will be honoured by succeeding generations of his countrymen with that of the other martyrs of our holy cause.” The McCan Barracks in Templemore, County Tipperary, is named after him.

In the 1933 Irish general election, McCan’s brother, Joseph, a member of the National Farmers’ and Ratepayers’ Association, stands unsuccessfully for the National Centre Party in the Tipperary constituency.


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Adoption of the Constitution of the Irish Free State

The Constitution of the Irish Free State (Irish: Bunreacht Shaorstát Eireann) is adopted by Act of Dáil Éireann sitting as a constituent assembly on October 25, 1922. In accordance with Article 83 of the Constitution, the Irish Free State Constitution Act 1922 of the British Parliament, which comes into effect upon receiving the royal assent on December 5, 1922, provides that the Constitution will come into effect upon the issue of a Royal Proclamation, which is done on December 6, 1922. In 1937 the Constitution of the Irish Free State is replaced by the modern Constitution of Ireland following a referendum.

Shortly after the British evacuate their troops from Dublin Castle in January 1922, Michael Collins sets about establishing a committee to draft a new constitution for the nascent Irish Free State which would come into being in December 1922. Collins chairs the first meeting of that committee and at that point is its chairman, but is assassinated before the constitution is finalised. Darrell Figgis, the vice-chairman becomes acting Chair. The committee produces three draft texts, designated A, B and C. Draft A is signed by Figgis, James McNeill and John O’Byrne. Draft B is signed by James G. Douglas, C.J. France and Hugh Kennedy and it differs substantially from draft A only in proposals regarding the Executive. Draft C is the most novel of the three. It is signed by Alfred O’Rahilly and James Murnaghan, and provides for the possibility of representation for the people of the northern counties in the Dáil in the event of that area opting out of the proposed free state.

On March 31, 1922, an act of the United Kingdom Parliament called the Irish Free State (Agreement) Act 1922 is passed. It gives the force of law to the Anglo-Irish Treaty, which had been negotiated between the British government and Irish leaders in 1921. It also provides by for the election of a body to be called the “House of the Parliament,” sometimes called the “Provisional Parliament,” to which the Provisional Government establishes under that act will be responsible. The act gives no power to the Provisional Parliament to enact a constitution for the Irish Free State. In due course, “the House of the Parliament,” provided for by that act, is elected and meets on September 9, 1922, and calling itself Dáil Éireann, proceeds to sit as a constituent assembly for the settlement of what becomes the Constitution of the Irish Free State.

The Constitution establishes a parliamentary system of government under a form of constitutional monarchy, and contains guarantees of certain fundamental rights. It is intended that the constitution would be a rigid document that, after an initial period, could be amended only by referendum. However, amendments are made to the Constitution’s amendment procedure, so that all amendments can be and are in fact made by a simple Act of the Oireachtas (parliament).

Following a change of government in 1932 and the adoption of the Statute of Westminster 1931, a series of amendments progressively removes many of the provisions that had been required by the Anglo-Irish Treaty.

(Pictured: The Constitution Committee meeting at the Shelbourne Hotel, Dublin, 1922)