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Volume 9 1948~1951

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Date
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No. 365 NAI DFA/6/408/191/1

Memorandum by the Department of External Affairs
'Surviving ties with Britain and the Dominions'

Dublin, 9 September 19491

  1. Obviously we cannot pretend to stand in any constitutional relationship to Britain and the Dominions, and such relations as we still retain are mostly founded in time-honoured practice, historical association, geographical proximity and the factual similarity of institutions, interests and so on that result from all that.
  2. Citizenship Rights:
    In one notable respect only is there a certain legally-based relationship, namely in regard to citizenship rights. Mutual 'national treatment' to each other's citizens or subjects is now accorded between Ireland and Britain, (and New Zealand and Australia) on a system of laws and regulations of recent date. The new British, New Zealand and Australian Nationality Acts of 1948, all of which came into operation last January, have created a new status of 'non-alien' to apply only to Irish citizens in their respective territories. In effect that means that Irish citizens in those territories enjoy all the rights and privileges which were conceded to them as 'British subjects' prior to 1949. Ireland on its side has been treating all persons coming from Britain and the Dominions as 'exempted aliens' since 1935 when such persons were declared to be legally 'aliens' (not being Irish citizens).

    Now, since Britain and two of the Dominions have enacted laws to confer the rights and privileges of citizenship on our people, without recourse to the legal fiction that they are 'British subjects', the Irish Government has made suitable Orders in respect of the nationals of these three countries to extend to them similar rights and privileges in Ireland, subject to law. An example of such an Order is S.I. No.1 of 1949 entitled 'Citizens of United Kingdom' and Colonies (Irish Citizenship Rights) Order, 1949.

    No such Order can yet be made for Canadian citizens as Canadian law still assimilates Irish citizens to British subjects so that the liberal treatment accorded to Irish people in Canada cannot properly be regarded as an exchange of citizenship rights in the strict sense.

  3. Following recent enquiries addressed to all Departments of State regarding the factual ties which still exist between Ireland, Britain and the Dominions, it has been possible to compile a certain amount of data, of which the following items are most noteworthy.

    Some of the matters reported on by Departments were found to be established on governmental agreements of a more or less formal nature, which would be made with or extended to States outside the Commonwealth; but a large number of items of common interest are still being dealt with co-operatively as heretofore, on a basis of custom and usage.

  4. Financial Matters:
    Ireland is a member of the sterling area (which, however, includes Iceland). This involves ties with all parts of the British Empire and Commonwealth except Canada and Newfoundland.

    Ireland and Britain operate as a unit in exchange control matters to their mutual convenience and satisfaction. They are also both associated for certain purposes of currency; for example, English notes and token coins circulate freely in Ireland and Irish notes and coins can be readily exchanged through British banks. Irish legal tender notes are actually issued against English pounds sterling held in London.

    Other financial ties with Britain cover double income tax agreements, registers of shareholders of British and Dominion companies which can still be kept in Ireland, the reciprocal recognition of each other's trustee securities and similar minor matters.

  5. 'Commonwealth Preference':
    Preferences are still given by Ireland to British and Commonwealth produce and goods and vice-versa. But to a great extent these now rest, vis-à-vis Britain on specific trade agreements (1938-1948).
  6. Shipping and Aviation:
    British and Commonwealth merchant ships enjoy national treatment in our ports and vice-versa. The Irish Lights Service is still in British control, although this may be regarded as a temporary arrangement pending eventual transfer. Airlines connecting Ireland and Britain are jointly managed and owned and profits shared.
  7. Judicial Co-operation:
    A very large measure of co-operation pertains between the Irish and British Law Courts. Warrants and writs emanating from the Courts of each country are implemented by the authorities of the other. The procedure for returning fugitive offenders from one part to another part of 'His Majesty's Dominions' (Fugitive Offenders Acts, 1881 and 1915) are still being applied by us as part of Irish law.
  8. Educational Co-operation:
    A good deal of mutual recognition of educational qualifications exists between Ireland and England, for example, in regard to technical and vocational teachers' qualifications. Irish Universities grant exemptions from certain examinations to students who have passed equivalent tests in Britain and Commonwealth countries.

    Reciprocal arrangements permit Irish and British medical, dental and veterinary practitioners to practise freely in each other's countries.

  9. Postal Co-operation:
    Letter mail and telegraph services between Ireland and Britain are conducted on an 'inland' basis and Ireland's land line telephone service to Europe passes through London. This last-mentioned fact entails a great deal of administrative co-operation between the two countries. Minor postal arrangements have been made between the Irish and British Post Offices such as that providing for the payment of each other's postal orders, the recognition of each other's 'Official Paid' stamps and so on.
  10. Social Services Co-operation:
    Owing to the proximity of Ireland to Britain and the constant movement of population from one country to another, there is necessarily a great deal of co-operation in regard to health regulations, workers' insurance and benefits and so on. Many of these matters have been recently made the subject of formal agreements which are implemented on each side by reciprocal legislation.
  11. Use of British Foreign Representatives:
    The good offices of British diplomatic and consular representatives abroad are still availed of in default of Irish representatives, but this position is at present under consideration and it would be best not to volunteer information on it. If questioned, one might reply that it is understood the matter is being discussed by the Irish and British Governments and that meanwhile the status quo pertains. The Irish Government is striving to increase representation abroad as rapidly as possible.

1 Attached to letter to Corish.

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