The Irish Free State (6 December 1922 – 29 December 1937), also known by its Irish name Saorstát Éireann, was the Irish state established in December 1922 under the Anglo-Irish Treaty of December 1921, initially as a Dominion. The treaty ended the three-year Irish War of Independence between the forces of the Irish Republic—the Irish Republican Army (IRA)—and British Crown forces.
As per the 6 December 1922 Constitution of the Irish Free State, the new state was called the Irish Free State and became a Dominion of the British Empire. It comprised 26 of the 32 counties of Ireland. Northern Ireland, which was made up of the remaining six counties, exercised its right under the Treaty to opt out of the new state. The Free State government consisted of the governor-general—the representative of the king—and the Executive Council (cabinet), which replaced both the revolutionary Dáil Government and the Provisional Government set up under the Treaty. W. T. Cosgrave, who had led both of these administrations since August 1922, became the first president of the Executive Council (prime minister). The Oireachtas or legislature consisted of Dáil Éireann (the lower house) and Seanad Éireann (the upper house), also known as the Senate. Members of the Dáil were required to take an Oath of Allegiance to the Constitution of the Free State and to declare fidelity to the king. The oath was a key issue for opponents of the Treaty, who refused to take it and therefore did not take their seats. Pro-Treaty members, who formed Cumann na nGaedheal in 1923, held an effective majority in the Dáil from 1922 to 1927 and thereafter ruled as a minority government until 1932.
In 1931, with the passage of the Statute of Westminster, the Parliament of the United Kingdom relinquished nearly all of its remaining authority to legislate for the Irish Free State and the other dominions. This granted the Free State internationally recognised independence.
In the first months of the Free State, the Irish Civil War was waged between the newly established National Army and the Anti-Treaty IRA, which refused to recognise the state. The Civil War ended in victory for the government forces, with its opponents dumping their arms in May 1923. The Anti-Treaty political party, Sinn Féin, refused to take its seats in the Dáil, leaving the relatively small Labour Party as the only opposition party. In 1926, when Sinn Féin president Éamon de Valera failed to have this policy reversed, he resigned from Sinn Féin and led most of its membership into a new party, Fianna Fáil, which entered the Dáil following the 1927 general election. It formed the government after the 1932 general election, when it became the largest party.
De Valera abolished the oath of allegiance and embarked on an economic war with the UK. In 1937, he drafted a new constitution, which was adopted by a plebiscite in July of that year. The Free State came to an end with the coming into force of the new constitution on 29 December 1937, when the state took the name "Ireland".
The Easter Rising of 1916 and its aftermath caused a profound shift in public opinion towards the republican cause in Ireland. In the 1918 general election, the republican Sinn Féin party won a large majority of the Irish seats in the British parliament: 73 of the 105 constituencies returned Sinn Féin members (25 uncontested). The elected Sinn Féin MPs, rather than take their seats at Westminster, set up their own assembly, known as Dáil Éireann (Assembly of Ireland). It affirmed the formation of an Irish Republic and passed a Declaration of Independence. The subsequent War of Independence, fought between the Irish Republican Army (IRA) and British security forces, continued until July 1921 when a truce came into force. By this time the Parliament of Northern Ireland had opened, established under the Government of Ireland Act 1920, presenting the republican movement with a fait accompli and guaranteeing the British presence in Ireland. In October negotiations opened in London between members of the British government and members of the Dáil, culminating in the signing of the Anglo-Irish Treaty on 6 December 1921.
The Treaty allowed for the creation of a separate state to be known as the Irish Free State, with dominion status, within the British Empire—a status equivalent to Canada. The Parliament of Northern Ireland could, by presenting an address to the king, opt not to be included in the Free State, in which case a Boundary Commission would be established to determine where the boundary between them should lie. Members of the parliament of the Free State would be required to take an oath of allegiance to the Constitution of the Free State and to declare that they would be "faithful" to the king (a modification of the oath taken in other dominions).
The Second Dáil ratified the Treaty on 7 January 1922, causing a split in the republican movement. A Provisional Government was formed, with Michael Collins as chairman.
The Free State was established on 6 December 1922, and the Provisional Government became the Executive Council of the Irish Free State, headed by W. T. Cosgrave as President of the Executive Council. The following day, the Commons and the Senate of Northern Ireland passed resolutions "for the express purpose of opting out of the Free State".
Two days after the founding of the Irish Free State, anti-Treaty IRA members opened fire on Seán Hales and Pádraic Ó Máille, both Teachtaí Dála (TDs), as they were leaving the Dáil. Hales was killed, while Ó Máille was seriously wounded. On 8 December 1922, four imprisoned leaders of the anti-treaty IRA (Liam Mellows, Rory O'Connor, Joe McKelvey and Dick Barrett) were executed in retaliation for the killing of Hales.
Governmental and constitutional structures
The Treaty established that the new state would be a constitutional monarchy, with the Governor-General of the Irish Free State as the representative of the Crown. The Constitution of the Irish Free State made more detailed provision for the state's system of government, with a three-tier parliament, called the Oireachtas, made up of the king and two houses, Dáil Éireann and Seanad Éireann (the Irish Senate).
Executive authority was vested in the king, with the Governor-General as his representative. He appointed a cabinet called the Executive Council to "aid and advise" him. The Executive Council was presided over by a prime minister called the President of the Executive Council. In practice, most of the real power was exercised by the Executive Council, as the Governor-General was almost always bound to act on the advice of the Executive Council.
The office of Governor-General of the Irish Free State replaced the previous Lord Lieutenant, who had headed English and British administrations in Ireland since the Middle Ages. Governors-General were appointed by the king initially on the advice of the British Government, but with the consent of the Irish Government. From 1927, the Irish Government alone had the power to advise the king whom to appoint.
As with all dominions, provision was made for an Oath of Allegiance. Within dominions, such oaths were taken by parliamentarians personally towards the monarch. The Irish Oath of Allegiance was fundamentally different. It had two elements; the first, an oath to the Free State, as by law established, the second part a promise of fidelity, to His Majesty, King George V, his heirs and successors. That second fidelity element, however, was qualified in two ways. It was to the king in Ireland, not specifically to the king of the United Kingdom. Secondly, it was to the king explicitly in his role as part of the Treaty settlement, not in terms of pre-1922 British rule. The Oath itself came from a combination of three sources, and was largely the work of Michael Collins in the Treaty negotiations. It came in part from a draft oath suggested prior to the negotiations by President de Valera. Other sections were taken by Collins directly from the Oath of the Irish Republican Brotherhood (IRB), of which he was the secret head. In its structure, it was also partially based on the form and structure used for 'Dominion status'.