Act of Parliament | |
Long title | An Act to confirm and give effect to certain agreements as to the relations between the United Kingdom and Eire. |
---|---|
Citation | 1 & 2 Geo. 6. c. 25 |
Dates | |
Royal assent | 17 May 1938 |
Other legislation | |
Repealed by | Statute Law (Repeals) Act 1981 |
Status: Repealed |
The Eire (Confirmation of Agreements) Act 1938 [lower-alpha 1] (1 & 2 Geo. 6. c. 25) was an Act of the Parliament of the United Kingdom passed on 17 May 1938. [1] It was the British implementing measure for the 1938 Anglo-Irish Agreements which were signed at London on 25 April 1938 by the governments of Ireland and the United Kingdom. There were three agreements in total: one to rescind Articles 6 and 7 of the Anglo-Irish Treaty and the transfer of British Admiralty property to Ireland; a second for the settlement of outstanding financial claims against the Irish Government; and the third, an important trade agreement putting an end to an "economic war" between the two countries.
In accordance with the earlier agreements, the Act:
The Act also gave partial recognition for the purposes of domestic British law to the change of the formal name of the Irish state under the 1937 Constitution of Ireland; the Irish state had formerly been known as the "Irish Free State". Under the Act the British Government decided to refer to the Irish state only as "Eire" (without the correct síneadh fada or acute accent), and not as "Ireland" (the state's name in English under the Constitution of Ireland). This avoided any need for the British government to refer to the Irish state as "Ireland", thus side-stepping concerns over the status of Northern Ireland. [2] Under Section 1 of the Act, it was declared that (for the purposes of United Kingdom legislation) the territory "which was ... known as Irish Free State shall be styled as...Eire". [3]
The English-law name of the state was later changed to "Republic of Ireland" by the Ireland Act 1949. [4]
The Act came into effect on 19 May 1938 pursuant to a Treasury order. [5] One of the Act's effects was to throw into doubt whether Irish citizens were still British subjects. Legal arguments were raised that as the Constitution of Ireland declared Ireland a sovereign independent state, the passing of the Act which recognised one of the Irish state’s constitutional names, also recognised its sovereignty. Notably, these arguments were raised in the Murray v Parkes case, 1942. [6]
The Act was repealed (as having been spent) under Schedule 1, Part V of the Statute Law (Repeals) Act 1981.
The Statute of Westminster 1931 is an act of the Parliament of the United Kingdom that sets the basis for the relationship between the Commonwealth realms and the Crown.
The Irish Free State, also known by its Irish name Saorstát Éireann, was a state established in December 1922 under the Anglo-Irish Treaty of December 1921. The treaty ended the three-year Irish War of Independence between the forces of the Irish Republic – the Irish Republican Army (IRA) – and British Crown forces.
Éire is Irish for "Ireland", the name of both an island in the North Atlantic and the sovereign state of the Republic of Ireland which governs 84% of the island's landmass. The latter is distinct from Northern Ireland, which covers the remainder of the northeast of the island. The same name is also sometimes used in English.
The Government of Ireland Act 1920 was an Act of the Parliament of the United Kingdom. The Act's long title was "An Act to provide for the better government of Ireland"; it is also known as the Fourth Home Rule Bill or (inaccurately) as the Fourth Home Rule Act. The Act was intended to partition Ireland into two self-governing polities: the six north-eastern counties were to form "Northern Ireland", while the larger part of the country was to form "Southern Ireland". Both territories were to remain part of the United Kingdom of Great Britain and Ireland and provision was made for their future reunification through a Council of Ireland. The Act was passed by the British Parliament in November 1920, received royal assent in December and came into force on 3 May 1921.
The Constitution of Ireland is the fundamental law of Ireland. It asserts the national sovereignty of the Irish people. The constitution, based on a system of representative democracy, is broadly within the tradition of liberal democracy. It guarantees certain fundamental rights, along with a popularly elected non-executive president, a bicameral parliament, a separation of powers and judicial review.
The 1921 Anglo-Irish Treaty, commonly known in Ireland as The Treaty and officially the Articles of Agreement for a Treaty Between Great Britain and Ireland, was an agreement between the government of the United Kingdom of Great Britain and Ireland and representatives of the Irish Republic that concluded the Irish War of Independence. It provided for the establishment of the Irish Free State within a year as a self-governing dominion within the "community of nations known as the British Empire", a status "the same as that of the Dominion of Canada". It also provided Northern Ireland, which had been created by the Government of Ireland Act 1920, an option to opt out of the Irish Free State, which the Parliament of Northern Ireland exercised.
The Constitution of the Irish Free State was adopted by Act of Dáil Éireann sitting as a constituent assembly on 25 October 1922. In accordance with Article 83 of the Constitution, the Irish Free State Constitution Act 1922 of the British Parliament, which came into effect upon receiving the royal assent on 5 December 1922, provided that the Constitution would come into effect upon the issue of a Royal Proclamation, which was done on 6 December 1922. In 1937 the Constitution of the Irish Free State was replaced by the modern Constitution of Ireland following a referendum.
The Government of the 9th Dáil was successively the 8th Executive Council of the Irish Free State and the 1st Government of Ireland. They were led by Éamon de Valera, first as President of the Executive Council and then as Taoiseach. It was formed after the 1937 general election held on 1 July, the same day the new Constitution of Ireland was approved in a plebiscite. Fianna Fáil were continuing in office as a single-party government as they had since the 1932 general election.
In the United Kingdom, representative peers were those peers elected by the members of the Peerage of Scotland and the Peerage of Ireland to sit in the British House of Lords. Until 1999, all members of the Peerage of England held the right to sit in the House of Lords; they did not elect a limited group of representatives. All peers who were created after 1707 as Peers of Great Britain and after 1801 as Peers of the United Kingdom held the same right to sit in the House of Lords.
The state known today as Ireland is the successor state to the Irish Free State, which existed from December 1922 to December 1937. At its foundation, the Irish Free State was, in accordance with its constitution and the terms of the Anglo-Irish Treaty, governed as a constitutional monarchy, in personal union with the monarchy of the United Kingdom and other members of what was then called the British Commonwealth. The monarch as head of state was represented in the Irish Free State by his Governor-General, who performed most of the monarch's duties based on the advice of elected Irish officials.
According to the Constitution of Ireland, the names of the Irish state are Ireland (English) and Éire (Irish). From 1922 to 1937, its legal names were the Irish Free State (English) and Saorstát Éireann (Irish). The state has jurisdiction over almost five-sixths of the island of Ireland. The rest of the island is Northern Ireland, a part of the United Kingdom. In 1948 Ireland adopted the terms Republic of Ireland (English) and Poblacht na hÉireann (Irish) as the official descriptions of the state, without changing the constitutional names.
Following the establishment of the Irish Free State, three deep water Treaty Ports at Berehaven, Spike Island, and Lough Swilly were retained by the United Kingdom in accordance with the Anglo-Irish Treaty of 6 December 1921.
The Ireland Act 1949 is an Act of the Parliament of the United Kingdom intended to deal with the consequences of the Republic of Ireland Act 1948 as passed by the Irish parliament, the Oireachtas.
The current Constitution of Ireland came into effect on 29 December 1937, repealing and replacing the Constitution of the Irish Free State, having been approved in a national plebiscite on 1 July 1937 with the support of 56.5% of voters in the then Irish Free State. The Constitution was closely associated with Éamon de Valera, the President of the Executive Council of the Irish Free State at the time of its approval.
The Anglo-Irish Trade War was a retaliatory trade war between the Irish Free State and the United Kingdom from 1932 to 1938. The Irish government refused to continue reimbursing Britain with land annuities from financial loans granted to Irish tenant farmers to enable them to purchase lands under the Irish Land Acts in the late nineteenth century, a provision which had been part of the 1921 Anglo-Irish Treaty. This resulted in the imposition of unilateral trade restrictions by both countries, causing severe damage to the Irish economy.
The Irish Free State (Agreement) Act 1922 was an Act of the British Parliament passed on 31 March 1922. It gave the force of law to the Anglo-Irish Treaty, which was scheduled to the Act.
The Irish Free State Constitution Act 1922 was an Act of the Parliament of the United Kingdom, passed in 1922 to enact in UK law the Constitution of the Irish Free State, and to ratify the 1921 Anglo-Irish Treaty formally.
The Anglo-Irish Trade Agreement was signed on 25 April 1938 by Ireland and the United Kingdom. It aimed to resolve the Anglo-Irish Trade War which had been on-going from 1933.
Since at least 1542, England and later Great Britain and Ireland have been connected politically, reaching a height in 1801 with the creation of the United Kingdom of Great Britain and Ireland. About five-sixths of the island of Ireland seceded from the United Kingdom in 1922 as the Irish Free State. Historically, relations between the two states have been influenced heavily by issues arising from their shared history, the independence of the Irish Free State and the governance of Northern Ireland. These include the partition of Ireland and the terms of Ireland's secession, its constitutional relationship with and obligations to the UK after independence, and the outbreak of political violence in Northern Ireland. Additionally, the high level of trade between the two states, their proximate geographic location, their common status as islands in the European Union until Britain's departure, common language and close cultural and personal links mean political developments in both states often closely follow each other.
The Constitution Act 1933 was an Act of the Oireachtas of the Irish Free State amending the Constitution of the Irish Free State and the Constitution of the Irish Free State Act 1922. It removed the Oath of Allegiance required of members of the Oireachtas (legislature) and of non-Oireachtas extern ministers.