444 / ‘The great liner is sinking’
equality was a tiresome obligation imposed by the need to appease the
‘troublesome’ (Sankey’s description) South Africans and Irish. But they
saw little cause for concern except on two points. The first was how the
new statutory definition of dominion rights might affect the status of
India (whose future dominionhood had been affirmed by the Viceroy in
October 1929). The Cabinet was anxious that its right to declare India
a dominion should not have to depend on the (uncertain) approval of
the other dominions.
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It was also uneasy that, under the draft statute,
a dominion could repeal an Imperial Act. As its main legal adviser on
India pointed out, once India was declared a dominion, the elaborate
statutory ‘safeguards’ by which London proposed to limit the powers
of its new responsible government could be cast off in a trice.
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This
proved a gift later to the opponents of their Indian reforms. The other
source of anxiety was the likely effect of the Statute on the Anglo-Irish
treaty of 1921, the constitutional basis of the Irish Free State’s reluc-
tant allegiance to the British Crown. Among Conservative MPs (an
overwhelming Commons majority at the time of the Statute’s passage
through Parliament), mistrust of Irish intentions ran deep. Since the
treaty took the form of an Imperial Act, it was certainly arguable that
under the Statute the Free State parliament could repeal it at will.
As a result, when the draft statute was debated in November
1931, it made ‘heavy weather’.
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Churchill, the grand rebel, appealed
to both strands of the Die Hard tradition, linking Ireland and India
in a Cassandra-like warning of impending decay. Ominously for the
government, he drew ‘ministerial cheers’ – support from the Conserva-
tive benches.
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To ward off the danger of a deeply embarrassing retreat
(and an open division among the Conservative followers of the National
Government), all the stops were pulled out. Jimmy Thomas, the rough
diamond Dominions Secretary, warned that any delay would enrage
not just the Irish but the South Africans as well. The Attorney-General,
Inskip, insisted (inaccurately) that the legal standing of the Anglo-Irish
treaty was unaffected by the Statute (a view overturned by the House
of Lords three years later). A letter from Cosgrave, the Free State prime
minister, was read out in the Commons, denying any intent to alter the
treaty except by agreement. Austen Chamberlain, the party’s grandest
elder statesman and (like Churchill) a signatory of the treaty, declared
his faith in the Free State government. Baldwin, as party leader, warned
his supporters that delaying the Statute would deeply offend the domin-
ions ‘even the most British of them’, and shrewdly referred to the prize