Ireland Act 1949
Encyclopedia
The Ireland Act 1949 is a British
Act of Parliament
that was intended to deal with the consequences of the Republic of Ireland Act 1948
as passed by the Irish
parliament (Oireachtas
). The Act is still largely in force but has been amended.
from the United Kingdom in 1922, the then created
Irish Free State
remained (for the purposes of British law) a dominion of the British Empire and thus its people remained as British subjects with the right to live and work in the United Kingdom and elsewhere in the Empire. The British monarch, as King in Ireland
, continued to be head of state until the Statute of Westminster, 1931 granted the Irish Free State equal status with the United Kingdom and thereafter Ireland had its own monarchy in personal union
with Britain and the other Dominions of the British Commonwealth (albeit with no distinct title, having the same title throughout the British Empire). However, by 1936, systematic attempts to remove references to the monarch from Irish constitutional law meant that the only functions remaining to the Crown were:
This status quo remained, with Ireland participating little in the British Commonwealth and Éamon de Valera
remarking in 1945 that "we are a republic" in reply to the question if he planned to declare Ireland as a republic. Then somewhat unexpectedly in 1948, during a visit to Canada
, Taoiseach
John A. Costello
announced that Ireland was to be declared a republic. The subsequent Irish legislation, the Republic of Ireland Act 1948 provided for the abolition of the last remaining functions of the King in relation to Ireland and provided that the President of Ireland
may instead exercise these functions in the King's place. When the Act came into force on 18 April 1949, it effectively ended Ireland's status as a British dominion. As a consequence of this, it also had the effect of ending Ireland's membership of the British Commonwealth of Nations and the existing basis upon which Ireland and its citizens were treated in the United Kingdom and other Commonwealth countries as "British subjects", not foreigners.
summarises the Act's several purposes:
The effects of the Acts various subsections are as follows:
by the Irish parliament. The revival of an Irish Republican Army in the early 1950s has been attributed by Irish journalist and popular historian Tim Pat Coogan
to the strength of popular feeling among nationalists on both sides of the border against the Act.
Before the final Act was published, speculation that the legislation would change the name of "Northern Ireland" to "Ulster" was also the subject of adverse reaction from Nationalist politicians in Northern Ireland and from the Minister for Foreign Affairs in Ireland.
while it was still part of the United Kingdom
before 6 December 1922 was not granted Citizenship of the UK & Colonies by the British Nationality Act 1948
unless such a person had a UK & Colonies born father (based on 1949 frontiers).
In order to acquire Citizenship of the UK and Colonies such persons were expected to reside in the United Kingdom
or a Crown Colony
and acquire UK citizenship by registration or declaration.
Section 5 of the Ireland Act provided for acquisition of UK citizenship by some British subject
s who had left what became the Republic of Ireland
before it ceased to be part of the United Kingdom. Such persons generally became British citizens on 1 January 1983. See History of British nationality law
Persons not qualifying for this concession were nevertheless able to reclaim their British subject status
under section 2 of the 1948 Act. This was later re-enacted as section 31 of the British Nationality Act 1981
and remains in effect as of 2006.
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...
Act of Parliament
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...
that was intended to deal with the consequences of the Republic of Ireland Act 1948
1948 in Ireland
-Events:*8 January - The Council of State meets for the first time when President Douglas Hyde test the constitutionality of the Offences Against the State Bill.*15 January - Gas rationing ends in Dublin for the first time since 1942....
as passed by the Irish
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,...
parliament (Oireachtas
Oireachtas
The Oireachtas , sometimes referred to as Oireachtas Éireann, is the "national parliament" or legislature of Ireland. The Oireachtas consists of:*The President of Ireland*The two Houses of the Oireachtas :**Dáil Éireann...
). The Act is still largely in force but has been amended.
Background
Following the secession of most of IrelandIrish War of Independence
The Irish War of Independence , Anglo-Irish War, Black and Tan War, or Tan War was a guerrilla war mounted by the Irish Republican Army against the British government and its forces in Ireland. It began in January 1919, following the Irish Republic's declaration of independence. Both sides agreed...
from the United Kingdom in 1922, the then created
Anglo-Irish Treaty
The Anglo-Irish Treaty , officially called the Articles of Agreement for a Treaty Between Great Britain and Ireland, was a treaty between the Government of the United Kingdom of Great Britain and Ireland and representatives of the secessionist Irish Republic that concluded the Irish War of...
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...
remained (for the purposes of British law) a dominion of the British Empire and thus its people remained as British subjects with the right to live and work in the United Kingdom and elsewhere in the Empire. The British monarch, as King in Ireland
King of Ireland
A monarchical polity has existed in Ireland during three periods of its history, finally ending in 1801. The designation King of Ireland and Queen of Ireland was used during these periods...
, continued to be head of state until the Statute of Westminster, 1931 granted the Irish Free State equal status with the United Kingdom and thereafter Ireland had its own monarchy in personal union
Personal union
A personal union is the combination by which two or more different states have the same monarch while their boundaries, their laws and their interests remain distinct. It should not be confused with a federation which is internationally considered a single state...
with Britain and the other Dominions of the British Commonwealth (albeit with no distinct title, having the same title throughout the British Empire). However, by 1936, systematic attempts to remove references to the monarch from Irish constitutional law meant that the only functions remaining to the Crown were:
- signing Letters of Credence accrediting Irish ambassadors to other states; and
- signing international treaties on Ireland's behalf.
This status quo remained, with Ireland participating little in the British Commonwealth and Éamon de Valera
Éamon de Valera
Éamon de Valera was one of the dominant political figures in twentieth century Ireland, serving as head of government of the Irish Free State and head of government and head of state of Ireland...
remarking in 1945 that "we are a republic" in reply to the question if he planned to declare Ireland as a republic. Then somewhat unexpectedly in 1948, during a visit to Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, Taoiseach
Taoiseach
The Taoiseach is the head of government or prime minister of Ireland. The Taoiseach is appointed by the President upon the nomination of Dáil Éireann, the lower house of the Oireachtas , and must, in order to remain in office, retain the support of a majority in the Dáil.The current Taoiseach is...
John A. Costello
John A. Costello
John Aloysius Costello , a successful barrister, was one of the main legal advisors to the government of the Irish Free State after independence, Attorney General of Ireland from 1926–1932 and Taoiseach from 1948–1951 and 1954–1957....
announced that Ireland was to be declared a republic. The subsequent Irish legislation, the Republic of Ireland Act 1948 provided for the abolition of the last remaining functions of the King in relation to Ireland and provided that the President of Ireland
President of Ireland
The President of Ireland is the head of state of Ireland. The President is usually directly elected by the people for seven years, and can be elected for a maximum of two terms. The presidency is largely a ceremonial office, but the President does exercise certain limited powers with absolute...
may instead exercise these functions in the King's place. When the Act came into force on 18 April 1949, it effectively ended Ireland's status as a British dominion. As a consequence of this, it also had the effect of ending Ireland's membership of the British Commonwealth of Nations and the existing basis upon which Ireland and its citizens were treated in the United Kingdom and other Commonwealth countries as "British subjects", not foreigners.
Provisions
The Act's long titleLong title
The long title is the formal title appearing at the head of a statute or other legislative instrument...
summarises the Act's several purposes:
The effects of the Acts various subsections are as follows:
- s. 1(1) - Recognised that the country known in British law as "Eire" stopped being "part of His Majesty's dominions" (i.e. a member of the Commonwealth) on 18 April 1949 (the date that the Irish "Republic of Ireland Act 1948" came into force). This provision also clarified that Ireland had remained a member of the Commonwealth until that date, as it had been held by some that Ireland was already a republic outside the Commonwealth.
- s. 1(2) – Declared that all of Northern Ireland would continue as part of the United Kingdom, and would remain within the Commonwealth, unless the Parliament of Northern IrelandParliament of Northern IrelandThe Parliament of Northern Ireland was the home rule legislature of Northern Ireland, created under the Government of Ireland Act 1920, which sat from 7 June 1921 to 30 March 1972, when it was suspended...
consented otherwise. - s. 1(3) – Established that the country up to then known in British law as "Eire" could be referred to instead by subsequent British legislation as the "Republic of Ireland".
- s. 2(1) – Declared that, even though the Republic of Ireland was no longer a British dominion, it would not be treated as a foreign country for the purposes of British law.
- s. 2(2) – Established that the Irish ambassador to the United Kingdom would enjoy the same legal privileges with regard to taxation as the High CommissionerHigh CommissionerHigh Commissioner is the title of various high-ranking, special executive positions held by a commission of appointment.The English term is also used to render various equivalent titles in other languages.-Bilateral diplomacy:...
s representing Commonwealth countries. - s. 3(1) – Continued in force certain existing British laws in relation to the Republic of Ireland that had previously related to the Irish state.
- s. 3(2) – Made blanket provision for how certain wording in existing British legislation should be construed; for example, references to "His Majesty's dominions" were to be construed as including a reference to the Republic of Ireland despite its actual change of status.
- s. 3(3) – Excluded from the generality of the preceding subsection any requirement for the OireachtasOireachtasThe Oireachtas , sometimes referred to as Oireachtas Éireann, is the "national parliament" or legislature of Ireland. The Oireachtas consists of:*The President of Ireland*The two Houses of the Oireachtas :**Dáil Éireann...
to assent to any change in the law relating to the succession to the throne or the royal style and titles; and also ended the requirement for the Irish government to receive notifications under the provisions of the Regency Act 1937. - ss. 4 and 5 – Made certain technical provisions in relation to both transitional matters and to the citizenship of certain individuals born before the Irish Free StateIrish Free StateThe 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...
ceased to form part of the United Kingdom of Great Britain and IrelandUnited Kingdom of Great Britain and IrelandThe United Kingdom of Great Britain and Ireland was the formal name of the United Kingdom during the period when what is now the Republic of Ireland formed a part of it....
. - s. 6 – Made a number of technical changes to the electoral law relating to the election of MPs to sit at Westminster for Northern Ireland. The principal change meant required a voter to have lived in Northern Ireland for at least three months prior to the registration date; this change was introduced because the Government of Northern IrelandGovernment of Northern IrelandThe Government of Northern Ireland is, generally speaking, whatever political body exercises political authority over Northern Ireland. A number of separate systems of government exist or have existed in Northern Ireland....
did not want people from the Republic coming to Northern Ireland to vote in elections there.
Northern Ireland’s name
The Act made no change to Northern Ireland’s name. However, earlier drafts of the Bill had included a provision changing Northern Ireland’s name to "Ulster".Reaction
The Act created outrage in Ireland because its provisions guaranteed that partition (i.e. the status of Northern Ireland as a part of the UK) would continue unless the Northern Ireland parliament chose otherwise. Because Northern Ireland had a unionist majority, the guarantee that Northern Ireland would remain part of the UK unless the Belfast parliament resolved otherwise copper-fastened the so-called "unionist veto" in British law. The Irish parliament called for a Protest Against Partition as a result. This was the first and last cross-party declaration against partitionPartition of Ireland
The partition of Ireland was the division of the island of Ireland into two distinct territories, now Northern Ireland and the Republic of Ireland . Partition occurred when the British Parliament passed the Government of Ireland Act 1920...
by the Irish parliament. The revival of an Irish Republican Army in the early 1950s has been attributed by Irish journalist and popular historian Tim Pat Coogan
Tim Pat Coogan
Timothy Patrick Coogan is an Irish historical writer, broadcaster and newspaper columnist. He served as editor of the Irish Press newspaper from 1968 to 1987...
to the strength of popular feeling among nationalists on both sides of the border against the Act.
Before the final Act was published, speculation that the legislation would change the name of "Northern Ireland" to "Ulster" was also the subject of adverse reaction from Nationalist politicians in Northern Ireland and from the Minister for Foreign Affairs in Ireland.
Citizenship of the UK & Colonies
In general, a person born in what became the Republic of IrelandRepublic 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,...
while it was still part of 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...
before 6 December 1922 was not granted Citizenship of the UK & Colonies by the British Nationality Act 1948
British Nationality Act 1948
The British Nationality Act 1948 was an Act of the Parliament of the United Kingdom that created the status of "Citizen of the United Kingdom and Colonies" as the national citizenship of the United Kingdom and its colonies....
unless such a person had a UK & Colonies born father (based on 1949 frontiers).
In order to acquire Citizenship of the UK and Colonies such persons were expected to reside in 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...
or a Crown Colony
Crown colony
A Crown colony, also known in the 17th century as royal colony, was a type of colonial administration of the English and later British Empire....
and acquire UK citizenship by registration or declaration.
Section 5 of the Ireland Act provided for acquisition of UK citizenship by some British subject
British subject
In British nationality law, the term British subject has at different times had different meanings. The current definition of the term British subject is contained in the British Nationality Act 1981.- Prior to 1949 :...
s who had left what became the Republic 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,...
before it ceased to be part of the United Kingdom. Such persons generally became British citizens on 1 January 1983. See History of British nationality law
History of British nationality law
- Early English and British nationality law :British nationality law has its origins in medieval England. There has always been a distinction in English law between the subjects of the monarch and aliens: the monarch's subjects owed him allegiance, and included those born in his dominions and...
Persons not qualifying for this concession were nevertheless able to reclaim their British subject status
British subject
In British nationality law, the term British subject has at different times had different meanings. The current definition of the term British subject is contained in the British Nationality Act 1981.- Prior to 1949 :...
under section 2 of the 1948 Act. This was later re-enacted as section 31 of the British Nationality Act 1981
British Nationality Act 1981
The British Nationality Act 1981 was an Act of Parliament passed by the British Parliament concerning British nationality. It has been the basis of British nationality law since 1 January 1983.-History:...
and remains in effect as of 2006.