Ireland Act 1949
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Ireland Act 1949 |
The Ireland Act 1949 is a British Act of Parliament which was intended to deal with the consequences of the Republic of Ireland Act 1948 as passed by the Irish parliament (Oireachtas). The act is still largely in force but has been amended.
Provisions
The main provision of the Ireland Act was the acceptance that the creation of a Republic of Ireland had meant that that state had left the Commonwealth of Nations, but that "...the Republic of Ireland is not a foreign country..." in British law. An additional provision stated that the term "Republic of Ireland" could be substituted for "Éire" in the UK; this still has force of law. Details, section 3(3)
The act also clarified the status of Northern Ireland within the United Kingdom so as to reassure the unionist majority, giving a guarantee that it shall remain part of the United Kingdom so long as the Parliament of Northern Ireland so desired. This was the first such legal guarantee given to the region.
Effects
The main reason for the Ireland Act was that as the Republic of Ireland had broken all constitutional links with the Crown it was necessary to ensure, from a British perspective, that the citizens of the Republic of Ireland did not lose certain rights within the UK; other indirect results are that Irish citizens resident in the UK retained the right to vote in all elections and to stand as candidates and can hold certain public offices in which citizenship rules apply including the judiciary and police. Post-World War II reconstruction in Britain relied on Irish, and other Commonwealth citizens, contributing to the economic reconstruction and placing any barriers to immigration at this time was not a business or political option.
The act also created outrage in the Republic of Ireland, as its Northern Ireland provisions gave that region a status which it previously did not have. Because Northern Ireland had a unionist majority, the guarantee that Northern Ireland would remain part of the UK unless the Belfast parliament resolved otherwise and copper-fastened the so-called "unionist veto" in British law. The Irish parliament called for a Protest Against Partition as a result. This was the last public protest against partition by the Irish parliament. The revival of the Irish Republican Army in the early 1950s has been attributed by Irish historian Tim Pat Coogan to the strength of popular feeling among nationalists on both sides of the border against the act.
Citizenship of the UK & Colonies
In general, a person born in what was Southern Ireland while it was part of the United Kingdom before 6 December 1922 was not granted Citizenship of the UK & Colonies by the British Nationality Act 1948 unless such a person had a UK & Colonies born father (based on 1949 frontiers).
In order to acquire Citizenship of the UK and Colonies such persons were expected to reside in the United Kingdom or a Crown Colony and acquire UK citizenship by registration or declaration.
Section 5 of the Ireland Act provided for acquisition of UK citizenship upon some British subjects who had left what became the Republic of Ireland before it ceased to be part of the United Kingdom. Such persons generally became British citizens on 1 January 1983. See History of British nationality law
Persons not qualifying for this concession were nevertheless able to reclaim their British subject status under section 2 of the 1948 Act. This was later re-enacted as section 31 of the British Nationality Act 1981 and remains in effect as of 2006.
External links
- Partial text of the Act, incorporating amendments to late 2004 - Note that the scanned copy of the original text of the Act that is linked to from that page is defective
- Act as currently amended from the UK Statue Law Database
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