Eire (Confirmation of Agreements) Act 1938
Encyclopedia
The Eire Act 1938 was an Act
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...

 of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...

 passed on 17 May 1938. It was the British implementing measure for the 1938 Anglo-Irish Agreements
Anglo-Irish Trade Agreement
The Anglo-Irish Trade Agreement was signed on 25 April 1938 by Ireland and the United Kingdom. It aimed to resolve the Anglo-Irish Trade War which had been on-going from 1933....

 which were signed at London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...

 on 25 April 1938 by the Governments of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...

 and the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

. There were three agreements in total: one for the transfer of British Admiralty property
Treaty Ports (Ireland)
Following the establishment of the Irish Free State, three deep water Treaty Ports at Berehaven, Queenstown and Lough Swilly were retained by the United Kingdom as sovereign bases in accordance with the Anglo-Irish Treaty of 6 December 1921...

 to Ireland; a second for the settlement of outstanding financial claims against the Irish Government; and the third, an important trade agreement putting an end to an "economic war" between the two countries.

Implementation of the agreements

In accordance with the earlier agreements, the Act:
  • returned certain British Admiralty property
    Treaty Ports (Ireland)
    Following the establishment of the Irish Free State, three deep water Treaty Ports at Berehaven, Queenstown and Lough Swilly were retained by the United Kingdom as sovereign bases in accordance with the Anglo-Irish Treaty of 6 December 1921...

    , commonly known as the Treaty Ports, to Ireland.
  • put into force a range of free trade provisions ending what had been an economic war between Ireland and the United Kingdom.

Name of the Irish state

The Act also gave partial recognition for the purposes of domestic British law to the change of the formal name of the Irish state under the 1937 Constitution of Ireland
Constitution of Ireland
The Constitution of Ireland is the fundamental law of the Irish state. The constitution falls broadly within the liberal democratic tradition. It establishes an independent state based on a system of representative democracy and guarantees certain fundamental rights, along with a popularly elected...

; the Irish state had formerly been known as the "Irish Free State
Irish Free State
The Irish Free State was the state established as a Dominion on 6 December 1922 under the Anglo-Irish Treaty, signed by the British government and Irish representatives exactly twelve months beforehand...

". Under the Act the British Government decided to refer to the Irish state only as "Eire" (sic
Sic
Sic—generally inside square brackets, [sic], and occasionally parentheses, —when added just after a quote or reprinted text, indicates the passage appears exactly as in the original source...

), and not as "Ireland" (the state's name in English under the Constitution of Ireland). This avoided any need for the British government to refer to the Irish state as "Ireland, thus side-stepping concerns over the status of Northern Ireland
Names of the Irish state
There have been various names of the Irish state, some of which have been controversial. The constitutional name of the contemporary state is Ireland, the same as the island of Ireland, of which it comprises the major portion...

. Under Section 1 of the Act, it was declared that (for the purposes of United Kingdom legislation) the territory "which was ... known as Irish Free State shall be styled as...Eire".

Other effects

The Act came into effect on 19 May 1938 pursuant to a Treasury Order. One of the Act's effects was to throw into doubt whether Irish citizens were still British subjects. Legal arguments were raised that as the Constitution of Ireland declared Ireland a sovereign independent state, the passing of the Act which recognised one of the Irish state’s constitutional names, also recognised its sovereignty. Notably, these arguments were raised in the Murray v Parkes case, 1942.

Repeal

The Act was repealed (as having been spent) under Schedule 1, Part V of the Statute Law (Repeals) Act 1981.
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