Ireland Act 1949
§2 (1) It is hereby declared that, notwithstanding that the Republic of Ireland is not part of His Majesty’s dominions, the Republic of Ireland is not a foreign country for the purposes of any law in force in any part of the United Kingdom or in any colony, protectorate or United Kingdom trust territory, whether by virtue of a rule of law or of an Act of Parliament or any other enactment or instrument whatsoever, whether passed or made before or after the passing of this Act, and references in any Act of Parliament, other enactment or instrument whatsoever, whether passed or made before or after the passing of this Act, to foreigners, aliens, foreign countries, and foreign or foreign-built ships or aircraft shall be construed accordingly.
February 27, 2012 at 5:16 am
Yeah, at that time there were hundreds of thousands of Irish immigrants in Britain, many of whom came over to service the War economy. To have declared them illegal would have resulted in chaos to the economy and to public services. (Atlee’s Labour Party also had an electoral interest in keeping Irish immigrants enfranchised since they overwhelmingly voted for that party.)
Of course, given that both countries are in the EU, with guaranteed freedom of movement and labour, such a clause is vastly less significant in its implications now than it was at the time.
February 27, 2012 at 6:30 am
I walked to Santiago some years ago and I often ended up walking several stages with an Irish Priest. Spain is an odd country because despite its distinctiveness as a unit large sections of its population are convinced they ought to be independent because they happened to exist as separate kingdoms in some impossibly remote and comparatively brief period of the middle ages. I saw graffiti demanding this for at least four different regions just in the short distance between the Pyrenees and the Apostle’s tomb. Eventually I screwed up the courage to admit to the Priest that seeing it I couldn’t help but think of the nations of the British Isles so ridiculously similar and so geographically distinct from the rest of Europe but so oddly fractious and only forming a unitary state for just over a hundred and twenty years. To my surprise he said he had been thinking exactly the same thing ‘it shows you just how juvenile it all is’ were his words. Perhaps it is the very obviousness of the unity of the British Isles and the Iberian Peninsular which blinds its inhabitants to their common identity. Both forming little worlds all by themselves their constituent regions are seduced by the lack a wider horizon into thinking of themselves as nations. With a great ragged and hard fought frontier like France, necessity would have forged a lesser but self-conscious cohesion.
February 27, 2012 at 12:28 pm
To declare the Republic in a fit of pique (which is what Costello did – in Ottawa of all places!) was foolish indeed but things have moved on considerably since then. When the Queen is feted – in the Rebel County, no less – you know that there has been a quiet but serious shift in attitudes. If Ireland (which is the official name of the 26 county state rather than the Irish Republic) survives at all, I think this process will continue. Given the current trajectory toward being a satrapy of the EU, that survival isn’t to be taken for granted.
February 27, 2012 at 5:12 pm
Sobronnetoga, IINM Costello didn’t declare the Republic in Ottawa, he announced his attention to leave the commonwealth. The background to it is subject to dispute but it seems that he had been contemplating the decision long before the conference.
The Republic of Ireland Act (1948), which formally declared the state a republic, was debated in the Dáil and was supported by all the elected parties.
February 29, 2012 at 2:36 am
Shane, that’s a distinction without a difference. Leaving the Commonwealth at that time entailed a radical act along the lines of declaring a republic formally. As for the Republic of Ireland Act being supported by all the elected parties in the Oireachtas (one presumes it was debated in both chambers rather than just one), of course it was. No Irish politician a mere 27 years after Independence would commit political suicide by appearing to foster a pro-British attitude. Once Costello had made his announcement it was all over bar the formalities. A completely pointless act, really but at least it was less bloody than that other completely pointless fussing over Ireland’s relationship to the Crown, viz. the Civil War.
February 29, 2012 at 2:49 am
” No Irish politician a mere 27 years after Independence would commit political suicide by appearing to foster a pro-British attitude.”
Indeed, politicians should take account of the views of their voters or they run the risk of getting voted out at the next election. Democracy in action.
I don’t think the Republic of Ireland Act was ‘completely pointless’ (though I would regard that as an accurate description of the British monarchy, at least in its relationship to Ireland at the time). I want to be a free citizen; no offence to the Windsors, but the idea of me being legally ‘subject’ to a foreign, pretentious, inbred, tax-dodger horrifies me to the marrow of my bones.
February 29, 2012 at 9:49 pm
Err ‘completely pointless’ like the Irish presidency? Don’t get me wrong there is (and even more so was) lots to admire in the Irish constitution but a non-decorative decorative head of state seems absurd to me.
February 29, 2012 at 9:58 pm
Aelianus, I agree; the Irish constitution is quite flawed of course. (No constitution created by sinful human beings could ever be perfect.) I prefer the American presidential model (the US does not have a prime minister) but that also has its own problems..
March 2, 2012 at 1:20 pm
I agree it is a very poignant clause. I wonder whether there is anything analogous in Irish legislation. It’s clear that the UK is not “just another country” to Ireland, and I wonder whether that reality is anywhere formally reflected in Irish law?
March 2, 2012 at 2:27 pm
Does Irish law permit UK citizens resident in the Republic to vote in an Irish General Election/Referendum?
March 2, 2012 at 3:26 pm
From what I can tell from a quick look: Eire citizens may vote in a General Election, a Presidential Election and a Referendum while UK citizens may only vote in a General Election. However this is a unique right not enjoyed by other citizens of the EU. It is very interesting in the light of the Constitution “Article 1 The Irish nation hereby affirms its inalienable, indefeasible, and sovereign right to choose its own form of Government, to determine its relations with other nations, and to develop its life, political, economic and cultural, in accordance with its own genius and traditions…..Article 6, 1. All powers of government, legislative, executive and judicial, derive, under God, from the people, whose right it is to designate the rulers of the State and, in final appeal, to decide all questions of national policy, according to the requirements of the common good.” That sounds rather like British citizens participate in Irish sovereignty. Of course given that the native inhabitants of a chunk of UK territory (no longer officially disputed) automatically enjoy Irish citizenship then already aprox 28% of the Irish Sovereign is subject to Elizabeth II. When it comes to legislative sovereignty in private law one must add to that those UK citizens (who are not also citizens of Eire) resident and registered to vote in the Irish Republic.