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Volume 5 1936~1939

Doc No.
Date
Subject

No. 255 UCDA P150/2530

Memorandum from Joseph P. Walshe to Eamon de Valera

Dublin, 24 December 1938

Passports

Perhaps the following would be a suitable reply:1

'The first passports of the Irish Free State were issued by the Governor General in the name of King George V, following the model of the passports issued in Canada, South Africa, Australia and New Zealand. A struggle, however, immediately arose on the question of the description of the bearer's nationality2. The British Government took up the attitude that, unless the Irish Government used the description "British Subject" on the passport, they would instruct their agents all over the world to refuse facilities to bearers of Irish passports. The Irish Government refused to apply that description to Irish Citizens, and a position of serious inconvenience for these latter was created.

In 1929, a compromise was reached. The passport, instead of being issued by the Governor General, was issued by the Minister for External Affairs (as is done in Great Britain), but still in the name of King George V, and "Citizen of the Irish Free State" was accepted. As you are aware, "Citizen of Ireland" is the present description.

It is hoped, in the course of the process of adapting our forms to the new Constitution and the Executive Authority (External Relations) Act, 1936, to eliminate the use of the King's name from the passport.

I am sending you herewith a cancelled passport so that you may have a precise idea of its present form. Your information about Irish citizens being described as "British citizens" has no foundation in fact.'


You said, in reply to a question of General McEoin's3 on 30th November, that the general question of the form of all documents of an international character which are at present signed on advice is now receiving attention in the light of the new Constitutional position and the Government's policy. The passport is, however, not one of these documents. It is not signed by the King. The entire active element in the passport is the Minister for External Affairs, and I doubt very much whether the words 'continues to act' in section 3 of the Executive Authority (External Relations) Act, 1936, can be related in any way to the form on the request page of the passport.

It will be noted that, in the appointment of diplomatic and consular representatives and the conclusion of international agreements, the King definitely signs something, and is to that extent an active agent. The form of the request must be regarded as belonging to the sphere of politico-Constitutional relations depending on custom and mutual agreement.

[initialled] J.P.W.

1 The reply was to be given to the Secretary of State for Dominion Affairs, Malcolm MacDonald.

2 This is a recurring theme in DIFP volumes and is covered through Volumes I to IV of the series, but see in particular DIFP Volume II, Nos 179, 182-4, 204, 317 and 330 and Volume III Nos 5, 18, 113, 133 and 252.

3 General Seán McEoin (1894-1973), revolutionary and politician (Cumann na nGaedheal and Fine Gael), TD for Sligo (1929-65), Minister for Justice (1948-51), Minister for Defence (1951, 1954-7).

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