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Volume 9 1948~1951

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No. 96 NAI DFA/6/408/68

Aide-mémoire to the British Government concerning the British Nationality Bill

Dublin, 6 July 1948

  1. The proceedings in the House of Commons with regard to the British Nationality Bill will be followed with close attention in Ireland.
  2. As the British Government is aware, the Bill, as originally introduced, contained a number of provisions not in accord with Irish national sentiment and contrary to the views of the Irish Government. These provisions were set out in the Irish Government's memorandum of the 24th October, 1947,1 and earlier representations. They included Clause 4 under which the population of the Six Counties are made citizens of the United Kingdom, Clause 2 under which certain categories of Irish citizens would continue to be regarded as British subjects, Clause 3 dealing with the application to Irish citizens of British enactments relating to British subjects, as well as certain other subsidiary provisions. The Irish Government shares the views expressed by its predecessors on all these matters.
  3. The Irish Government fully recognizes that, in the drafting of Clause 2, a definite effort has been made to meet the objections expressed in relation to that Clause, and that the amendment of Clause 3 proposed by the Lord Chancellor in the House of Lords, following Mr. MacBride's conversations with Lord Rugby, constitutes a marked improvement of that provision from the Irish point of view.
  4. The Irish Government wish to make it clear, however, that, while the alterations referred to in the last preceding paragraph constitute an improvement from its point of view of the original proposal, the Bill as introduced - even with the amendment of Clause 3(1) adopted by the House of Lords on the proposal of the Lord Chancellor - still falls short of the views of the Irish Government. Accordingly, it is hoped that nothing will be said in the House of Commons which would convey the impression that the Bill in the form in which it was presented to the House of Lords was entirely acceptable to the Irish Government.
  5. It is needless to add that the amendments of the Bill introduced by the Opposition in the House of Lords would, if finally adopted, nullify whatever contribution the measure might otherwise make towards reconciling the grave conflicts of nationality law which at present exist. Mr. MacBride was gratified to learn that it was the intention of the British Government, when the measure reached the House of Commons, to restore it to its original unamended form (subject to the amendment of Clause 3(1) adopted on the proposal of the Lord Chancellor). He sincerely hopes that this purpose will be adhered to.

1 See DIFP VIII, No. 429.

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