IRISH FREE STATE. 
 
 HEADS OF WORKING ARRANGEMENTS 
 FOR IMPLEMENTING THE TREATY. 
 
 
 
 
 
 Presented to Parliament by Command of His Majesty. 
 July, 1923. 
 
 
 
 
 
 
 
 
 
 LONDON: 
 PUBLISHED BY HIS MAJESTY’S STATIONERY OFFICEH 
 
 
 
 To be purchased through any Bookseller or directly from 
 H.M. STATIONERY OFFICE at the following addresses: 
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 1928. 
 Price 3d. Net. 
 
 Cmd. 1911.] 
 
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 ARASH FoDeRrs 
 
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 IRISH FREE STATE. 
 
 
 
 HEADS OF WORKING ARRANGEMENTS FOR 
 IMPLEMENTING THE TREATY. 
 
 
 
 
 
 
 
 
 
 PROVISIONAL GOVERNMENT OF IRELAND. 
 
 
 
 Heads of Working Arrangements for implementing the Treaty as settled 
 (subject to reservations in Notes) between the British and the Irish 
 Ministers at a Meeting held at the Colonial Office on January 24, 
 1922. ¥ 
 
 [Norr.—The arrangements embodied in this paper have been re- 
 drafted in conformity with the conception that the establishment 
 of the Irish Free State is to supervene immediately upon the 
 Temporary Provisional Government and that there is to be no 
 intervening stage of a regularised Provisional Government and 
 Parliament as previously contemplated. | 
 
 
 
 (1) 
 
 THAT the Lord Lieutenant be instructed to act on the advice of 
 the Irish Ministers in respect of questions relating to the dissolution of 
 the Parliament of Southern Ireland, and of all other non-departmental 
 questions, and in respect of each department from the date of its 
 formal transfer to the control of an Irish Minister. 
 
 (2) 
 
 (a) That any question of doubt as to motive, 7.e., political or non- 
 political, in the application of the amnesty already granted, be deter- 
 mined by Mr. Duggan and Sir John Anderson. 
 
 (6) That the case of post-truce offences committed in Northern 
 Ireland be discussed between the Irish Ministers and Sir James Craig. 
 
 (c) As regards offences committed from Irish political motives 
 outside Ireland, that the British Government obtain particulars from 
 the departments concerned with a view to consideration of the question. 
 of release. The Irish Ministers desire to emphasise the importance 
 from their point of view of obtaining the early release of these men. 
 
 (3) 
 
 That the principle should be admitted that fair compensation is to 
 be paid in respect of injuries which are the subject of compensation 
 under the enactments relating to criminal injuries, including losses 
 sustained through the destruction of property by order of the military 
 authorities under martial law. 
 
4 7 
 
 (4) 
 That as respects personal injuries— 
 
 (a) Each Government should deal with and should be responsible 
 for the payment of compensation in respect of personal 
 injuries to its own supporters. 
 
 (b) Awards already given should stand. 
 
 (c) The provisions as to liability under (a) should be retrospective 
 to apply to awards already satisfied. 
 
 (5) 
 . That as respects injuries to property— 
 
 (a) A Commission should be established consisting of one member 
 appointed by the British Government and one appointed 
 by the Irish Government, with a Chairman who holds or 
 has held high judicial office to be chosen by agreement. 
 
 (b) The Commission should have power to hear and determine 
 all claims in respect of such injuries as aforesaid arising 
 out of the conflict terminated by the late Treaty during 
 the period from the Ist January, 1919, to the 14th January, 
 
 1922, and to review awards already given in undefended 
 cases. 
 
 (c) The Commission should have power to appoint agents, investi- 
 gators and assessors, and have power to compel the attend- 
 ance of witnesses and to take evidence on oath. 
 
 (d) The Irish Government should agree to assume responsibility 
 for seeing that all awards of the Commission and (subject 
 to such review as aforesaid) the awards of other tribunals 
 in respect of such injuries are duly satisfied. 
 
 (ec) The British Government undertake to reimburse the Irish 
 Government for such a proportion of the total amount 
 (including advances already made out of intercepted 
 grants) as may be agreed between the two Governments 
 the amount of the damage done to property in Great 
 Britain in pursuance of the late Irish political movement 
 being brought into account. 
 
 (f) The expenses of the Commission to be borne by the Irish 
 
 Government and the British Government. in proportion to 
 
 their respective liabilities for sums awarded by the Com- 
 mission. 
 
 (6) 
 That the Terms of Reference to the Commission be drafted by the 
 Legal Advisers and submitted for consideration. 
 
 (7) 
 That all proceedings (including pending proceedings and proceedings 
 for the enforcement of decrees already given) under the enactments 
 

 
 ° 5 
 
 relating to compensation for criminal injuries be barred, and that a 
 resolution in this sense be passed and promulgated by the Provisional 
 Government, to be followed by legislation in the British Parliament.. 
 
 (8) 
 
 That the Irish Government undertake to protect from molestation 
 or victimisation by all means at their disposal the persons, property 
 and interests of all those who are thought to have sided or sympathised. 
 with the forces of the-Crown. 
 
 (9) : 
 
 That when the question of the further extension. of the Amnesty 
 has been settled, simultaneous announcements should ,be made by 
 both Governments, and that minor questions of detail ,arising ont of 
 the foregoing should .be settled in further conference. 
 
 (10) 
 
 That all-properties used for the purpose of ordinary civil government, 
 such as departmental offices, &c., together with furniture, equipment 
 and all other departmental assets, including the special funds wholly 
 applicable to departmental purposes in Southern Ireland, should be 
 regarded as Irish property, and handed over to the Irish Government 
 in due course. 
 
 (11) 
 That without prejudice to any claims which may be made in the 
 general financial adjustment under Article 5 of the Treaty the liabilities 
 of each department be assumed by the Irish Government together 
 with the assets. 
 
 (12) 
 That the Chief Secretary’s Lodge and other official residences be 
 handed over to the Irish Government as soon as they cease to be 
 required by officers of the British Government. 
 
 (13) 
 That for the present no changes shall be madeas regards institutions 
 such as the Royal Hospital and the Royal Hibernian Military School, 
 the lands and quit rents which constitute part of the hereditary revenues 
 
 of the Crown, and museums, picture galleries and other public collections 
 in Dublin. 
 
 (14) 
 That the question of museums, picture galleries and other -public 
 collections in Dublin should be discussed by Irish Ministers with Sir 
 James Craig. | 
 
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6 ~ 
 
 (15) 
 That the Record Office and public records be placed in the control 
 
 and custody of a judicial authority occupying a position analogous to 
 that of the Master of the Rolls. 
 
 (16) | 
 That the right of access of accredited representatives of the British 
 Government or of the Government of Northern Ireland to records not 
 open to public inspection should be fully secured. 
 
 (17) 
 
 That the availability of the records for other than strictly depart- 
 mental purposes should be governed by the same rules and subject to 
 the same limitations as are observed in the case of public records 
 in Great Britain and in the Dominions where practical uniformity is 
 in force. 
 
 (18) 
 That Barracks and Establishments constructed for police adminis- 
 
 tration in normal times be included in the transfer to the Irish 
 Government. 
 
 (19) 
 
 That as regards Military Establishments and Police Establishments 
 not covered by (18), the proportion of the actual buildings or their 
 value, which should be recognised as the property of the Irish Govern- 
 ment, will be arranged in the ultimate settlement between the British 
 Government and the Government of Ireland. 
 
 (20) 
 That in the meantime, as the buildings become available, the 
 
 question of their temporary use by the Irish Government will be a 
 matter for arrangement between the two Governments. 
 
 (21) 
 
 That any surplus movables in Military Establishments and Police 
 Transport and other equipment in excess of normal requirements 
 should be sold through the agency of the Disposal Board, except 
 so far as the Irish Government may seek to acquire them at a 
 valuation. 
 
 Note.—No further movables in Military Establishments to be declared 
 surplus until the needs of the Irish Government have been ascertained. 
 
 (22) 
 That the proportion of any movables, transport equipment, &c., 
 
 which should be recognised as the property of the Irish Government 
 shall be settled in the manner indicated in (19) above. 
 
< 7 
 
 (23) 
 That the Irish Government undertake the safe custody of any 
 properties evacuated by the military and police until duly disposed of. 
 
 (24) 
 That the Royal Irish Constabulary be demobilised as soon as 
 
 possible. That the Dublin Metropolitan Police Force be transferred 
 to the Temporary Provisional Government. 
 
 (25) 
 That the transfer of individual resident magistrates should depend 
 
 on the wishes of the Irish Government and of the individuals con- 
 cerned. 
 
 (26)* 
 That the Provisional Government be regarded under the terms of 
 the Treaty as entitled to assume control of the services in Ireland of 
 
 the Revenue Departments reserved under the Act of 1920 and also the 
 Post Office. 
 
 (27)* 
 That the existing Departments in control of these services shall, if 
 required, continue to function in Ireland as the agents of the Irish 
 
 Government until that Government is prepared to assume direct 
 control. 
 
 (28)* 
 That during the period of agency the Postal Revenue collected in 
 
 Southern Ireland be paid into the Irish Exchequer and the expenditure 
 recovered from Irish funds. 
 
 (29)* 
 
 That the existing stamps be over-printed for use in Southern 
 Ireland so as to enable the revenue to be kept separate. That the 
 postal rates and charges in force for the time being in Great Britain 
 should apply to Southern Ireland during the provisional period. 
 
 (30) 
 
 That provision be made for division of the assets and liabilities 
 of the Post Office Savings Bank and for giving some option to the 
 depositors who opened their accounts in Irish Offices to remain with 
 the British Savings Bank or be transferred to the Irish Bank. 
 
 
 
 
 
 * These clauses, contained in former drafts, are not required if the regularised 
 Provisional Government stage is omitted. 
 
8 
 
 (31) 
 
 That pending legislation by the Parliament of the Irish Free State 
 taxes collected by the Board of Customs and Excise and the Board of 
 Inland Revenue be assessed and collected on the same principles and 
 at the same rates as in the United Kingdom. 
 
 (32)* 
 That the proceeds of such taxes, wherever collected, so far as they 
 
 are attributable to Southern Ireland be paid into the Exchequer of 
 the Provisional Government. 
 
 Note.—Reserved for discussion with the Chancellor of the Exchequer. 
 
 (33) 
 That the British Ministry of Pensions shall continue to discharge 
 
 its functions in the payment of pensions and the provision of medical 
 care to men resident in Ireland. 
 
 (34) 
 
 That arrangements be made between the British and Irish Govern- 
 ments for the continuance of the special assistance at present afforded 
 to ex-Service men in connection with industrial training, the obtaining 
 of employment, Land Settlement, and Housing by the Ministry of 
 Labour, the Department of Agriculture and Technical Industry, the 
 Estates Commissioners and the Local Government Board. 
 
 (35) 
 That the collection of quit-rents, by or on behalf of the Office of 
 
 Woods and Forests, should continue pending the establishment of the 
 Irish Free State. 
 
 (36) 
 That the services of the Joint Exchequer Board and of the Civil 
 Service Committee be utilised as a part of the machinery required for 
 the establishment and preliminary operations of the Irish Government. 
 
 Note.—Reserved for discussion between Mr. Collins and Sir James 
 Crarg. 
 
 (37) 
 
 That, during the provisional period, the position of existing judge 
 of the Supreme Court as regards salaries, pensions, and tenure remain 
 unaltered, but that vacancies in any judicial posts be filled in accord- 
 ance with the advice of the Irish Ministers. 
 
 
 
 
 
 
 
 * These clauses, contained in former drafts, are not required if the regularised 
 Provisional Government stage is omitted. { 
 
- , 
 
 (38) 
 
 That the staff of the Supreme Court, so far as payment of salaries 
 and general financial control are concerned, be transferred to the Irish 
 Government, subject to the provisions as to compensation contained in 
 The Government of Ireland Act, 1920. 
 
 (39) 
 
 That the County Courts and other subordinate Courts occupy in 
 relation to the Irish Government the same position as they now occupy 
 in relation to the British Government, existing County Court judges 
 and other persons having the like tenure of office being treated so far 
 as regards personal rights in the same way as existing judges of the 
 Supreme Court. 
 
 (40) 
 That for the period up to the 31st March, 1922— 
 
 (a) The existing Votes, so far as they are applicable to Southern 
 Ireland, be placed at the disposal of the Temporary 
 Provisional Government for the purposes for which they 
 have been voted, and 
 
 (6) Any additional sum agreed will be covered by a Special Vote, 
 to be presented to Parliament as soon as possible, such 
 sum being adjusted in the final settlement.* 
 
 (41) 
 
 After the 3lst March, 1922, and until the establishment of the 
 Free State, Government Revenue to be collected by the British 
 Authorities, and Parliament to be asked to take a General Vote on 
 account of Irish Expenditure to cover a period of, say, three months. 
 After the establishment of the Free State, the Free State to repay the 
 amount of this Vote and to receive Irish Revenues as from the Ist 
 
 April, 1922. 
 
 (42) 
 
 That, pending a definite arrangement for capitalisation, the Irish 
 Government be responsible for the recovery of payments due in 
 respect of local loans and the collection of Land Purchase Annuities, 
 and for paying over the proceeds to the British Exchequer, together 
 with an amount equal to certain expenditure still borne on the British 
 Votes or charged on the Consolidated Fund of the United Kingdom 
 (e.g., pensions of Civil Servants, payments for any agency services and 
 
 salaries of judges). 
 
 
 
 * The Chancellor of the Exchequer agrees to the recoupment of so much 
 of the intercepted grants as have already been applied, on the understanding that 
 the amount so recouped, so far as it represents compensation for payments for 
 injuries to property, is regarded as forming part of the British Government’s 
 
 payment for compensation under paragraph 5 (e). 
 
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 10 
 
 (43) 
 
 That payments on account of the Irish share of the debt stand ” 
 
 over till the amount has been settled in accordance with Article 5 
 
 of the Treaty, such payments to be made retrospectively when the 
 
 share of the debt attributable to the Irish Free State has been so 
 settled. 
 
 : (44)* 
 That a representative legislature is an organ essential to the 
 Provisional Government as contemplated by Article 17 of the Treaty. 
 
 (45)* 
 
 That an agreement be entered into between the Temporary 
 Provisional Government and the British Government for giving effect 
 to Article 17 of the Treaty to be scheduled to a Bill, such Bill to 
 be submitted to Parliament for approval at the earliest possible 
 moment. 
 
 (46) 
 The Irish Ministers agree to take steps to rescind the British 
 boycott. 
 (47) 
 
 Mr. Collins desired that the further consideration of the question 
 of Land Purchase should be reserved. 
 
 (48) 
 Mr. Duggan reported that he was in consultation with the Home 
 Office on the question of Alien Immigration. 
 
 (49) 
 That any other matters not dealt with in the above Clauses which 
 
 may come up for discussion, will be discussed and settled in the same 
 manner as the matters already reviewed. 
 
 
 
 * These clauses, contained in former drafts, are not required if the regularised 
 Provisional Government stage is omitted. 
 
 
 
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 By Harrison AND Sons, Lrp., 44-47, St. Martin’s Lane, London, W.C. 2, 
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