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Republic of Ireland Bill: DIFP 9 111 1948-08-18
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===Excluding Northern Ireland===
===Excluding Northern Ireland===
[[Dessie Ellis]] complained when 2016 [[driving licence in the Republic of Ireland]] of Belfast-born man gave place of birth as "Northern Ireland" despite having written "Ireland" on application form. National Driver Licence Service said this was pursuant to 2013 EU directive, and that it used "Northern Ireland" unless applicants 'specifically request the usage of The United Kingdom'.<ref>{{cite news |last1=Ainsworth |first1=Paul |title=‘Northern Ireland' change to Irish driving licence branded ‘ridiculous' by Dublin TD |url=http://www.irishnews.com/news/2016/11/01/news/-northern-ireland-change-to-irish-driving-licence-branded-ridiculous--763762/ |accessdate=16 October 2018 |work=The Irish News |date=1 November 2016 |language=en}}</ref>
[[Dessie Ellis]] complained when 2016 [[driving licence in the Republic of Ireland]] of Belfast-born man gave place of birth as "Northern Ireland" despite having written "Ireland" on application form. National Driver Licence Service said this was pursuant to 2013 EU directive, and that it used "Northern Ireland" unless applicants 'specifically request the usage of The United Kingdom'.<ref>{{cite news |last1=Ainsworth |first1=Paul |title=‘Northern Ireland' change to Irish driving licence branded ‘ridiculous' by Dublin TD |url=http://www.irishnews.com/news/2016/11/01/news/-northern-ireland-change-to-irish-driving-licence-branded-ridiculous--763762/ |accessdate=16 October 2018 |work=The Irish News |date=1 November 2016 |language=en}}</ref>

In the 2020 [[Ombudsman (Ireland)|Ombudsman]]'s report:<ref>{{cite book |publisher=Office of the Ombudsman |first=Peter |last=Tyndall |authorlink=Peter Tyndall |title=37th Annual Report; 2020: Managing complaints in a pandemic |url=https://www.ombudsman.ie/publications/annual-reports/Ombudsman-AR-2020-English-Final-Web.pdf#page=37 |access-date=22 November 2021 |page=35 |chapter=4.9 Co. Down woman wanted place of birth recorded as ‘Ireland’ on driving licence |date=2021}}</ref>
:The NDLS refused to amend the licence and the Road Safety Authority (RSA) upheld the NDLS’s decision after Lynda appealed to it. ... Under [https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02006L0126-20201101&from=EN EU Directive 2006/126], the NDLS is required to record the ‘place of birth’ on driving licences. Under the computerised system used by NDLS, a drop-down box automatically identified the country once the county of birth was recorded. When any of the six counties in Northern Ireland were recorded, the only option on the drop-down system was to record ‘Northern Ireland’. The RSA said this was nothing to do with citizenship and only reflected the actual place where a person was born. ... The Ombudsman asked if it was possible to simply adjust the settings on the drop-down box to give the option of recording a place of birth as either Ireland or Northern Ireland. ... The RSA said that it was satisfied that the approach it had taken was legally correct. However ... it agreed to change its computer system to enable ’Ireland’ be recorded


==Law==
==Law==

Revision as of 11:44, 22 November 2021

Historical surveys

  • Furlong, John (1 December 2006). "Ireland – the Name of the State". Legal Information Management. 6 (04): 297. doi:10.1017/S1472669606000934.
  • Mansergh, Nicholas (July 1952). "Ireland: The Republic Outside The Commonwealth". International Affairs. 28 (3): 277–291. doi:10.2307/2607413. JSTOR 2607413. pp.288–278 talks of "technicalities":
    The three successive experiments in the ordering of Anglo-Irish relations are recorded in three different names which have been given or are commonly attributed to the sovereign State which comprises twenty-six of the thirty-two counties of Ireland. Between 1921 and 1937 she was known as the Irish Free State. In the Constitution of 1937 the name of the State was declared to be Eire, or in the English language, Ireland. Since the jurisdiction of her government extended only to twenty-six of the thirty-two counties this created some confusion, and outside the twenty-six counties the name Eire was commonly, if incorrectly, used as though it were a synonymous successor title to Irish Free State. Within the twenty-six counties explanatory comments were inserted in legislation and in government orders. Thus at the head of the notices of assessment income-tax payers were told, with that elegance of language for which tax gatherers are famous the world over, that the 'word Eire throughout this form is to be interpreted . . . as referable to the area to which the laws of Eire have application'. In 1948, contrary to general belief, the name of the State was not changed by the Republic of Ireland Act. Any such change would have necessitated an amendment of the Constitution. The Act merely declared that the description of the State should be the Republic of Ireland. Evidently this refinement was too much for British draftsmen, for the Ireland Act 1949 speaks wrongly of 'the Republic of Ireland as the name 'attributed thereto by the law thereof'.
  • Daly, Mary E. (January 2007). "The Irish Free State/Éire/Republic of Ireland/Ireland: "A Country by Any Other Name"?". Journal of British Studies. 46 (1): 72–90. doi:10.1086/508399.
  • Coakley, John (9 March 2009). "'Irish Republic', 'Eire' or 'Ireland'? The Contested Name of John Bull's Other Island". The Political Quarterly. 80 (1): 49–58. doi:10.1111/j.1467-923X.2009.01957.x.
  • Hunt, Tom (9 August 2015). "'In our case, it seems obvious the British Organising Committee piped the tune': the campaign for recognition of 'Ireland' in the Olympic Movement, 1935–1956". Sport in Society. 18 (7): 835–852. doi:10.1080/17430437.2014.990689.
  • MnCabe, James Ian Martin. The formulation and consequences of the Republic of Ireland Act, 1948-9 (PDF) (PhD). London School of Economics. ISBN 9781321353433.

Contemporary sources

  • Bromage, Arthur W. (October 1937). "Constitutional Developments in Saorstat Eireann and the Constitution of Eire: I, External Affairs". The American Political Science Review. 31 (5). American Political Science Association: 842-861.
    The name of the State is proclaimed to be Eire. At first, this was the case in both the Irish and the English texts of the constitution; but during the constitutional debates in the Dáil, de Valera accepted an amendment permitting the use of "Ireland" as the name of the State in the ...

27 October 1938: Stormont Commons Hansard Vol.21 cc1946–1947 Marketing of Potatoes Bill, Committee stage; Clause 9 [Interpretation of Act and of principal Act]

Mr. [Jack] BEATTIE: I wish to ask a question with reference to sub-clause (2).
References in the principal Act to the Irish Free State shall be construed as references to Eire.
I hope the Minister is aware—I am sure he is aware—that Eire is the whole of Ireland. Is the right hon. Gentleman now making this apply to the whole of Ireland? The principal Act is a Northern Ireland Act, and I want to know is it correct to describe the Twenty Six Counties as Eire.
The CHAIRMAN [Robert Lynn]: This means that references in the principal Act to the Irish Free State shall be construed as references to Eire.
Mr. BEATTIE: Eire is not correct.
The CHAIRMAN: Because we know it is not correct for the whole of Ireland is no reason why people in the Irish Free State cannot call themselves by any name they like.
Mr. BEATTIE: When we are legislating we must do so properly. If people, owing to their stupidity, do not know that the Twenty-Six Counties are not Eire, we must not show our stupidity by permitting a Bill to go through with Eire in it, when what is meant is really the Twenty-Six Counties. I say that Eire is the whole of Ireland, and that in no educated assembly would the word be used as applying to only one part of the country.
The PRIME MINISTER [James Craig, 1st Viscount Craigavon]: I think the hon. Member is entirely wrong. We never passed an Act making Eire Ireland, and consequently whatever they pass in other parts of the country does not affect us in the slightest. They might call themselves Germany if they like; it would not affect us.
Mr. BEATTIE: You recognise Eire, whether you like it or not.
The PRIME MINISTER: Not at all. We are only substituting the word.
Mr. BEATTIE: In this Clause you have given it recognition, and whether you like it or not it is there. I say it is wrong. I am propounding the argument that we should give it its proper designation. The Prime Minister now becomes the sole supporter of Eire, a united Ireland.
The PRIME MINISTER: No, no. I object very strongly to that. I am the last man to suggest such a thing. The British Parliament in their legislation have defined Eire as being the old Irish Free State territory, and that holds with everybody.
Mr. BEATTIE: I suggest that the words "Twenty-Six Counties" be inserted. That is the proper way to describe the area referred to. I suggest that if we allow this to go through we are only showing our own ignorance in regard t o the meaning of the word. I leave it to the Government. Of course my responsibility is very light. One thing I will say, whether the Prime Minister likes it or not, he is a citizen of Eire.
Hon. MEMBERS: No, no.
Mr. BEATTIE: And the British Government have accepted you as citizens of Eire.
Hon. MEMBERS: No, no.
Question put, and agreed to.
Clause ordered to stand part of the Bill.
  • MacDermot, Frank (October 1939). "THE WAR AND IRISH UNITY". The Political Quarterly. 10 (4): 517–528. doi:10.1111/j.1467-923X.1939.tb00983.x.
    The name Ulster is worse still, for three out of the nine counties in that province are ruled from Dublin. So, too, Eire is an improper term for Southern Ireland, which, according to our Constitution, adopted two years ago, should...

De Valera (22 January 1944) An Glór "Ionann Éire agus Sé Chonndae Fichead?"

Vol.7 No. 223 NAI DFA 301/2 Circular from Sheila G. Murphy to all missions (except Holy See) Dublin, 4 November 1946

the British have withdrawn their objection to the use of the term 'Ireland' in connection with International Organisations ... The anomalous situation created by the appearance of 'Éire' in the State Symbol and also in certain official publications is being examined. ... I take this opportunity of reminding you of the Minister's wish that the expression 'Great Britain' or 'British' should always be used by the Missions in place of 'the United Kingdom' and that of 'the Six Counties' in place of 'Northern Ireland'.

DIFP Vol.7 No. 300 NAI DFA 301/2 Extract from a letter from Sheila G. Murphy to all heads of mission Dublin, 14 March 1947

concerning the use of the word 'Éire' in certain official publications, it has now been decided that in all official publications in the English language the name of the State will be shown as 'Ireland

No. 314 NAI DT S10467A Memorandum by the Department of the Taoiseach 'Instructions regarding the use of the name of the state and other related matters' Dublin, 21 April 1947

  • any official document or communication in the English language, the word 'Ireland', and not 'Éire', should be used
  • ambiguity 'Ireland (exclusive of the Six North-Eastern Counties)' or the word 'Ireland' with a footnote reading 'Exclusive of the Six North-Eastern Counties'
  • The official crest used on stationery and publications will in future comprise the harp only. ... and should not bear the words 'Éire' or 'Ireland' as a heading.

No. 343 NAI DT S10467A Memorandum by Frederick H. Boland for Éamon de Valera (Dublin) with draft letter on the nomenclature of the name of the state Dublin, 5 June 1947 `: a semi-official letter which I thought of writing to heads of Departments in an effort to secure uniformity of practice as regards the use of terms such as ‘Éire’, the ‘United Kingdom’, the ‘British Isles’, etc.

we cannot hope to prevent the use of the terms 'Northern Ireland' and 'United Kingdom' in the official documentation of international Conferences, etc., but we should always avoid using them ourselves

DIFP 9 Memorandum from Frederick H. Boland to all Irish Diplomatic Missions 27 September 1948 definition of 'Ireland' in statistical publications issued by foreign countries or by international organisations ... our own practice is to use the formula 'Ireland (exclusive of the Six North-Eastern Counties)' ... too clumsy or obscure. In that case, we feel that the best compromise is 'IRELAND (Éire)'. This is considered preferable to either 'Ireland (excluding Northern Ireland)' or 'Ireland (territory formerly known as the Irish Free State)'.

Republic of Ireland Bill

[McCabe 1990 p.175] The initial title "Transfer of Certain Powers to the President" was altered by hand to "Powers and functions of the President (External Relations) Bill,1948" and approved by the Cabinet on September 9. (7) The title was again changed to "Executive Power of the State (External Relations) Bill, 1948 ", approved in Cabinet on November 9, (8) to finally on November 12, "The Republic of Ireland Bill, 1948."(9) Furthermore, on the latter two occasions the contents of the proposed Bill were subject to amendment in Cabinet.

DIFP 9 111 1948-08-18 Memorandum for Government by the Department of External Affairs 'Ireland's position regarding proposed Commonwealth conference'

7. Since 1932, no Irish representative has attended any meeting of Commonwealth Ministers, though some have been held. In view of the fact that we are not members of the Commonwealth, should our representation at this meeting be contemplated, it would be necessary to make it clear, by an agreed exchange of correspondence in advance, that we were attending, not as members of the Commonwealth, but because of our desire to co-operate in matters of mutual interest.
8. If it were decided to attend, the following three matters are matters that might well and should be raised there:- ...
b. The elimination of Ireland from the King's title. ...
c. The abolition of the title of High Commissioner and the substitution therefor of ordinary diplomatic titles.

DIFP 9 Department of External Affairs Memorandum for Government on the preparation of a Bill to repeal the External Relations Act 8 November 1948 Formal diplomatic documents (Letters of Credence, etc.) frequently refer to this country as the Republic of Ireland or the Irish Republic. Notwithstanding the provisions of Article 4 of the Constitution, this practice is almost certain to become widespread once the new Bill is enacted. Some such provision as that proposed in Section 1 (2) [of draft bill] is required to obviate the awkward necessity of having to return formal diplomatic documents in which the State is so described, for amendment ... The provisions of Section 1 (2) are deliberately permissive. The use of mandatory terms might be argued to be an attempt to amend indirectly Article 4 of the Constitution ... For several reasons, he [Min Ex Aff] considers it would be convenient if the 1st January, 1949, were to be appointed for the commencement of the Act, but he will submit a definite proposal to the Government on this point at a later date.

DIFP minutes of a meeting of the Cabinet 9 November 1948 subsection (2) of section 1 to be deleted, new section 2 inserted "The description of the State shall be the Republic of Ireland"; "consequential amendment of the long title as might be appropriate, particularly in connection with the amendment referred" (short tile was still Executive Power of the State (International Relations) Bill, 1948)

Dáil 1948-11-26
The Taoiseach In the English language the name of the State is "Ireland," and the description of the State is "The Republic of Ireland." In the Irish language the name of the State is "Eire," and the description of the State is "Poblacht na h-Eireann." If you keep that in mind, the matter is perfectly clear.
Mr. de Valera I am only interested in seeing how it will occur in official documents.
The Taoiseach If you will leave the matter alone it will probably arise in practices, and settle itself in practices without our laying down rules.

In the English language the name of the State is "Ireland," and the description of the State is "The Republic of Ireland." In the Irish language the name of the State is "Eire," and the description of the State is "Poblacht na h-Eireann." If you keep that in mind, the matter is perfectly clear.

Mr. de Valera The last thing I would ask the Taoiseach to do would be to lay down rules. The only thing I wanted to know was, what he envisaged in connection with it? That is all right.

The next point is: even though we do have an Irish version—and I think that is quite right—passed into law at the same time as the English version, I still think that we ought to have in the English version, as we have in the Constitution, "Poblacht na h-Éireann." I propose to put in an amendment on that.

Fanning, Ronan (1981). "The Response of the London and Belfast Governments to the Declaration of the Republic of Ireland, 1948-49". International Affairs. 58 (1). Royal Institute of International Affairs: 95–114. doi:10.2307/2618277. ISSN 0020-5850. JSTOR 2618277.

p.102: Herbert Evatt at Paris meeting on 16 Nov 1948 critised "the use of the term Eire ... In the English language the term Ireland should be used"
p.103: UK realised treated Republic as foreign would create more difficulties for themselves and lose sympathy of Canada, Aus, and NZ.
p.105: Home Office NI liaison listed for NI govt the issues being considered, including "the use of the word 'Royal' in the nomenclature of 'Eire' organisations"
pp.105-6: NI govt sought more concession (e.g. end taxation as reserved matter) but Whitehall said "minimum legislation necessary...status quo as far as possible"
p.107 Norman Brook said GB opinion favoured sop to NI, so "mere piece of technical and terminological adjustment" wouldnt suffice
p.112: UK Cabinet urgency "evaporated" when Jan 21 commencement was postponed
p.113: Quote from UK cabinet 8 March minutes: "there was a serious danger that an effort would be made to embroil political parties in Great Britain in the partition issue" // Fanning: "The meticulously detailed preparations of the draft of the Ireland Bill together with the degree of co-ordination between London and Belfast meant that the Irish govemment were effectively presented with afait accompli when the bill was published on May"

DIFP 9 204 DFE memorandum 30 November 1948 "the idea of a new body, directly representative of the Six County Government and the Government of the Republic, which at the outset might be broadly on the lines of the Council envisaged in the Act of 1920 but to which there would be gradually transferred, bit by bit, all the powers in respect of the Six Counties reserved to the British Government under the 1920 Act"

Dáil 1948-12-01 coming into force: 21st January vs Easter Monday proposed; Costello:

There may be certain points arising which will require legislation in the British Parliament, as possibly here also. I mentioned one item to Deputy Cowan the other day outside—reference to "His Majesty's Dominions" and things of that kind. There may be other more fundamental ones, not of any serious import but which have a practical bearing upon the new situation here. These things will have to be examined and it is a question whether legislation can be got through in the British Parliament before the 21st January or not. We are endeavouring to the best of our ability to hurry up matters so as to get this Bill into immediate operation and prevent any suggestion being made that we are not doing what should be done and also allay any possible uneasiness that may arise by reason of delay. I assure the Deputy that this Act will come into operation at the earliest possible moment. We cannot say whether it will be the 21st January or any other specific date. The Minister for External Affairs has been in touch with the British Government, with a view to expediting matters and getting the Act into operation. [...]
There was a suggestion originally of doing the same thing in Section 2 of the Bill as was done in the Constitution, of saying that the description of the State in English shall be "the Republic of Ireland" and in Irish "Poblacht na hEireann." We felt that if that were done we would slip into all sorts of trouble and that the country would be described by all sorts of queer names. Accordingly it was not done. It is the intention to use in English the name "The Republic of Ireland". The question of the extent to which the "Republic of Ireland" will be used as against "Ireland" is a matter that will have to be examined in some detail. Different considerations will apply, and these will have to be examined by an inter-departmental committee.

DIFP 9 207 (7 December 1948) Frederick H. Boland to John J. Hearne The debate began well in the Dáil, but steadily declined in tone and ended very badly. The Taoiseach was excellent introducing the Bill and winding up on the Fifth Stage. Our Minister's speeches also made an excellent impression. De Valera's speech on the Second Stage also earned wide and favourable comment. Much of the remainder of the debates was simply national humiliation, until, finally, the discussion on the Fifth Stage became very bitter indeed. ... The present intention is to bring the Act into operation on the 21st January, if that is possible. The British know that that is our desire and, we understand, are doing their best to have things ready on their side by that date.

Seanad 1948-12-10 MacBride: We were asked, on the other hand, by Senator Hawkins, I think, why was the application of this Bill being delayed. If Senator Hawkins and my friends on the Fianna Fáil benches want this Bill to come into operation at once, irrespective of the consequences—say, before the 1st January, when the British Nationality Act comes into operation—and are prepared to take all the consequences that will follow, then the Bill can be brought into operation at once.

[McCabe 1990 pp.281-2] The Republic of Ireland Bill contained a suspension clause. This was believed to be a device to enhance the enactment of the Bill, by making the commencement, as recommended by Eamon de Valera, coincide with the anniversary of the the constitution of the first Dail in January 21, 1919 and the first declaration of the Irish Republic. The anniversary eventually chosen, that of the Easter rebellion, proved to be very provocative to the British government. The suspension clause provided the necessary time for the Commonwealth members to agree to implement the formula arrived at in Paris whereby Eire and members of the Commonwealth would announce that they would not regard each other as "foreign", thus allowing Most Favoured Nation Status to continue.

DIFP 9 226 Report to Minister for External Affairs on talks between officials in London, 6/7th January, 1949

  • Ireland Act 1949 provisions beyond those of "Sir Eric Beckett's Committee"
    • "British legislation had not yet been drafted"
    • Irish ministers expected "Republic of Ireland" used as in Irish act
    • in addition to the clause recognising Republic outside Commonwealth would be
      • phrase 'foreign country' would exclude Republic
      • laws applied to Ireland would continue to apply to the Republic
    • "unthinkable to us ... any action to buttress up Partition" [Stormont and Westminster governments had met and issued a communiqué]
    • would be out of Sterling Area Statistical Committee and Commonwealth European Recovery Program Committee but hopefully rejoin as observers
  • commencement "more likely to be Easter than the 21st January". British "'sweating over the Statute Book all during the Christmas holidays' in an effort to have everything ready on their side for the 21st January". "appreciated that it might be desired to have Lord Rugby's successor appointed before the Act operated"
Irish had "no further legislative changes to make [but] a great deal of administrative work"

HL Deb 22 March 1949 vol 161 cc543-5

[Viscount Simon asked] (1) What is the date on which a sovereign independent State of Eire, not under allegiance to the Crown and not forming part of the Commonwealth, is expected to come into existence?
[Lord Chancellor Viscount Jowitt answered] To the first question: I understand that the Government of Eire intend to bring the Republic of Ireland Act into operation on April 18.

DIFP 9 246 Frederick H. Boland to Joseph P. Walshe 31 January 1949 "pretty certain that the 18th April ... the intention is that, in future years, Easter Monday, and not 18th April, should be observed as Independence Day."

IT 1949/0202 reports "slight evidence" of "cross purposes": UK waiting to introduce Ireland Act 1949 until after coming into force of RoIA, whereas Irish were waiting to commence RoIA until UK act in force.

SI 1949/27 signed 4 Feb for commencement on Easter Monday.

DIFP 9 267 Dulanty to Boland 10 February 1949 "the deferring of the appointed day for our Republic of Ireland Act to Easter Monday had made an alteration in their Parliamentary Time Table"

DIFP 9 295 Circular from Boland 31 March 1949 "It is better not to enter into any explanation of the nature of the position which existed prior to the enactment of The Republic of Ireland Act." no re-accreditation matches Spain 1936 and Italy 1946.

DIFP 9 297 DFE memorandum Procedure in connection with Presidential functions under the Republic of Ireland Act was discussed at cabinet on 1 April 1949; including "suggested alterations in the President's seal".

DIFP 9 300 Costello invites Dev and DIFP 9 302 Dev refuses pending reunification, and says similar lowkey at 1937 constitution "public demonstrations and rejoicings are out of place and are likely to be misunderstood so long as [unification] remains uncompleted and our country partitioned"

DIFP 9 307 Ottawa mission got 4 phone calls, 4 letters, no in-person calls of congratulation. "I thought it better not to hold a reception on the occasion. Most of our Irish-Canadian friends would be embarrassed by an invitation to a reception to celebrate Ireland's exit from the Commonwealth of Nations"

29 November 1949 Stormont Commons Hansard Vol.33 cc1958

Mr. McATEER asked the Minister of Home Affairs whether he will state the number of Republic of Ireland residents who have served in the Special Constabulary in Derry city or in the Liberties of Derry city within the past twelve months and the number at present serving.
Mr. MAGINESS: I am of opinion that it would not be in the public interest to supply information of this character, and I am not, therefore, prepared to furnish it.
Mr. McATEER: Good.
Mr. MAY: Would the Minister make it clear that his answer to the last question refers to the Republic of Eire and not to this description "Republic of Ireland."
Mr. CONNELLAN: There is no distinction.

[minister did not reply to May]

A Guide to diplomatic practice p.11 March 1950 state visit of French Pres to UK; 1958 description by diplomatist:

On Wednesday, the 8th March, at 10.45 A-M- the President of the French Republic received the High Commissioners of the Commonwealth Countries and the High Commissioner of the Republic of Ireland in the 1844 Room at Buckingham Palace.

Republic to Republic: 1919 to 1949

"Republic to Republic: 1919 to 1949" UCD Archives exhibition on Google arts and culture; relevant slides (numbers are links):

  • 30 -- Cosgrave 1928 US visit: met Bremen aircrew. Intended counter to Dev's US fundraising
  • 33 -- parody "half-sovereign" coin of Dev inscribed "E. D. V. — Approx. Pres. — Ext. Ass. — Non-Co-Op. MVDLMIX"
  • 44 -- "Memorandum ‘Sent to Ed. VIII, 8th June’ [1936], giving notice of the introduction of ‘a Bill for the purpose of setting up a new Constitution’ to replace the original Irish Free State constitution of 1922"
  • 51 -- Dev memo before Anglo-Irish Free Trade Agreement "The Gov[ernment] of the U.K. declare that it is no part of the policy or intention of the Gov. of the U.K. to oppose any arrangement which may be freely and voluntarily entered into between the Gov. of Éire [Ireland] and the Gov. of N[orthern] I[reland]".
  • 59 -- 1949 Sheila Murphy D.Ex.Aff. query re Geography and Man (OCLC 851139138 1939, rev ed 1955 v.2 pp.562–563) — 'if we may continue to describe the State as "an independent Republic associated with the States of the British Commonwealth"'; long response from Boland on Eire vs Ireland.
  • 61 "There seems little basis for the story that Costello’s decision arose after he took offence at a replica of ‘Roaring Meg’"
  • 63 3 February 1948 draft of "‘Powers and functions of the President (External Relations) Act, 1948" no mention of Republic
  • 64 bill as introduced matched final
  • 67 March 1949 telegram from Irish embassy in Australia to Dublin asking when/whether "Ireland" and/or "Republic of Ireland" should be used.

More

Gibney, John (18 April 2019). "IRELAND LEAVES THE COMMONWEALTH". CULTURAL HERITAGE COLLECTIONS. UCD LIBRARY. with further reading list:

  • W.D. Mclntyre, The Britannic Vision: Historians and the making of the British Commonwealth of Nations, 1907-48 (Palgrave Macmillan, 2009)
  • Diana Mansergh (ed.), Nationalism and Independence: Selected Irish Papers by Nicolas Mansergh (Cork University Press, 1997)
  • Deirdre McMahon, ‘Ireland and the Empire-Commonwealth’, in The Oxford History of the British Empire, Volume IV: The Twentieth Century Judith Brown and Wm Roger Louis (eds), (Oxford university Press, 1999)
  • Kate O’Malley, ‘Ireland and India: Post-independence Diplomacy’ in Irish Studies in International Affairs, Vol. 22 (Royal Irish Academy, 2011), pp. 145-162

Foreign reactions

Still Commonwealth Office not Foreign Office in UK.[1] Louis St. Laurent said Irish citizens would be treated as "British" by Canada until the style of the British sovereign was changed.[1]

Goodwill messages on the coming into force of the Republic of Ireland Act
State quote from message
Cuba for the prosperity of the Republic of Ireland[1]
Transjordan the creation of the Republic of Ireland[1]
Argentina the people of Ireland[1]
Chile when the Irish people celebrate their establishment as an independent State[1] [arguably a reference to 1916 rather than 1949]
Portugal prosperity of Ireland ...on the occasion of the historic event[1]
Iceland the establishment of the Republic of Ireland[1]
Luxembourg on the occasion of the celebration of the independence of the Republic of Ireland[1]

Eire/Éire in English in Ireland

Cover page of 1938-1949 printed government bills as introduced have parallel English and Irish texts, headed Éire in both languages.

[Back] cover page heading of bill as introduced on stated date
English Irish Years
Saorstát Éireann Saorstát Éireann 1923; 1936
Éire Éire 1938, 1947, 1948, 1949, 1949-04-27, 1949-06-23
none none 1949-06-23 1949-12-01 1950, 1952, [1], 1960
  • Éire; Ireland; Statistical Abstract; 1940 Department of Industry and Commerce pre CSO (no mention of Northern Ireland or "Six Counties", though "Ulster (part of)"
    • [p.ii] "In a few cases certain tables relating to Éire Statistics have been repeated in the same form as they appeared in the 1939 Abstract, for the reason that ligures for a year later than that shown were not available"
    • Titles of tables with "... in Éire ..." : Tables 37, 101, 201, 208, 212-3-4, 239, 246, 249, 250, 252-3
    • In table columns: Tables 22-3 ("Éire ports" and "United Kingdom ports"), 182 ("Within Eire" and "Elsewhere") 187, 189 (23 "abroad and in Eire"), 192 ("Eire" and "Great Britain and Northern Ireland"), etc
    • Table 37 "Where Born" col has rows "In Éire", "outside Eire" "Northern Ireland" "Ireland", "Born outside Ireland"
    • Tables 54-6 have province "Ulster (part of)" and total "Éire" [ditto plus county rows in Tables 41, 60, 61, 100]
    • T 253 "country" col has rows "Eire" "Great Britain" and "Northern Ireland" et al
    • Éire in prose remarks in T 171
    • T 173 "Analysis of the Gross Capital Values of Personalty for the purposes of Estate Duties for each year ended 31st March, 1932 to 1938.", Heading 3. "Money out on mortgage of real estate in", values (a) Eire (b) Great Britain and Northern Ireland (c) Dominions (d) Foreign countries [similarly T 174 (d) Schedule C]
    • Compare other editions of Statistical Abstract: 1938, 1943 [NI Appendix introduced], 1947-8, 1949 [first by CSO], 1950, 1953
      • "Eire" vs "Ireland" vs unstated vs "Ireland* [* exclusive of the six North Eastern counties]" and
      • "Northern Ireland" vs "The Six Counties" vs "the six North Eastern counties"

Republic of Ireland in post-1948 statutes

Verbatim scheduled agreements

International, Republic a signatory

  • Finance Act 1949 Sch.5 passim. "Agreement for Reciprocal Relief of Double Taxation in respect of Corporation Profits Tax and United Kingdom Profits Tax and Provisions as to Relief from Corporation Profits Tax by way of Credit in respect of United Kingdom Profits Tax."
  • Veterinary Surgeons Act 1952 Sch passim. "His Majesty's Government in the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Ireland have agreed as follows" etc.
  • S.I. No. 203/1954 passim. AGREEMENT RELATING TO INSURANCE FOR SICKNESS BENEFIT AND MATERNITY BENEFIT ... BETWEEN THE MINISTER FOR SOCIAL WELFARE OF THE ONE PART AND THE GOVERNOR OF THE ISLE OF MAN... OF THE OTHER PART. "in the Republic of Ireland"

With Northern Ireland

  • S.I. No. 56/1953 AGREEMENT RELATING TO INSURANCE AND WORKMEN'S COMPENSATION MADE THIS 27TH DAY OF JANUARY, IN THE YEAR OF OUR LORD ONE THOUSAND NINE HUNDRED AND FIFTY-THREE BETWEEN THE MINISTER FOR SOCIAL WELFARE OF THE ONE PART AND THE MINISTRY OF LABOUR AND NATIONAL INSURANCE OF THE OTHER PART "in Northern Ireland ... in the Republic of Ireland"
  • S.I. No. 213/1964 AGREEMENT RELATING TO INSURANCE AND WORKMEN'S COMPENSATION BETWEEN THE MINISTER FOR SOCIAL WELFARE AND THE MINISTRY OF LABOUR AND NATIONAL INSURANCE
  • Erne Drainage and Development Act 1950 Sch AGREEMENT ... between THE MINISTRY OF FINANCE FOR NORTHERN IRELAND ... and THE ELECTRICITY SUPPLY BOARD [III(2)(c)] "the operation of the existing sluice gates at Belleek under temporary arrangements, made pursuant to the statutory provisions in that behalf, between the Ministry and the appropriate department or departments of the Republic of Ireland" / [Sch.2(I)(2)] "persons entitled to practise as Barristers-at-Law before a Superior Court in the United Kingdom of Great Britain and Northern Ireland or before the High Court of Justice of the Republic of Ireland"

The term “Ireland” means the Republic of Ireland

Other:

Private foreign with government

  • British & Irish Steam Packet Company Limited (Acquisition) Act 1965 Sch. THIS AGREEMENT is made ... BETWEEN COAST LINES LIMITED ... of the first part the MINISTER FOR FINANCE of the Government of Ireland ... of the second part and the MINISTER FOR TRANSPORT AND POWER of the Government of Ireland ... of the third part "B & I shall continue to act as agents for the liner services of the Coast Lines Group operating between the United Kingdom and the Republic of Ireland"

Private

"SIGNED SEALED AND DELIVERED by The Honourable Conor A. Maguire, Chief Justice of the Republic of Ireland"

(8) "the Great Northern Railway Board's undertaking within the Republic of Ireland ... was transferred to and vested in C.I.E." / (9) "The railway system operated by the Joint Committee was situated mainly in the Republic of Ireland and it was provided ... that the assets and liabilities of the Great Northern Railway Board in respect of the Joint Committee and the Strabane Company be transferred to and disposed of by the Minister of Industry and Commerce for the Republic of Ireland and the Ministry of Commerce for Northern Ireland"

Other

"the State" means the Republic of Ireland

  • S.I. No. 625/2006 Sch.1 A(2) "Register of Registered Lawyers in the State**" / A(3) "a registered lawyer in the full-time service of the State**" / [** meaning the Republic of Ireland]

Public notices

  • S.I. No. 302/1950 Sch.1(10) Sch.2(8) Sch.3(6) "Produce of the Republic of Ireland"
  • S.I. No. 165/1955 5(1) Regulation 5 of the Principal Order is hereby amended ... by the substitution ... of "Irish FOO Butter, Produce of the Republic of Ireland" for "Éire Irish FOO Butter"
  • S.I. No. 361/1984 FORM MV4-1 and MV5-1 ADDITIONAL NOTES 2. "The attention of all persons importing vehicles permanently into the Republic of Ireland is drawn to the fact that such vehicles must be lisenced and insured in the Republic or Ireland before being used in any public place. Any person permanently resident in the Republic of Ireland must hold an Irish driving licence before driving a mechanically propelled vehicle."
  • S.I. No. 436/1994 Sch. "Declaration for Obtaining a Practising Certificate in the Republic of Ireland 1995/96" / "I was admitted as a solicitor in the Republic of Ireland in ..."
  • S.I. No. 189/2003 Companies (Forms) Order 2003 Sch.1 note fourteen, Sch.2 note fifteen: "Please note that “Irish resident” means resident in the Republic of Ireland."

To distinguish from Northern Ireland

  • Social Welfare, Pensions and Civil Registration Act 2018 s.24 The Minister for Employment Affairs and Social Protection shall, when complete, share the analysis being conducted by her Department on the impact of Brexit on the reciprocal arrangements for social insurance schemes, social assistance schemes and child benefit between Great Britain, Northern Ireland and the Republic of Ireland.

Geographic specification

  • S.I. No. 42/2020 Sch. "The sector comprises: English Language Schools in the Republic of Ireland which provide education and training in English as a foreign language and other English language related training courses."
  • S.I. No. 25/2018 5(f) "where the house is situated outside the Republic of Ireland"
  • The Dublin Cemeteries Committee Act 1970 s.16(b) "To acquire, provide, maintain, improve, lay-out, construct and operate in the County and County Borough of Dublin cemeteries, burial grounds and other places and means for the burial, interment, preservation or disposal of human remains in accordance with the rites, services and beliefs of any of the religious denominations specified in Article 44 of Bunreacht na hÉireann or of any other religious denomination existing in the Republic of Ireland on the establishment date."
  • S.I. No. 296/1993 4(2)(b) "Complete an M94A docket set for each C.O.D. parcel being sent to an address in the Republic of Ireland"
  • S.I. No. 86/1989 Sch.7 (Rates) "...if the point of delivery and collection are in different cities or towns in the Republic of Ireland. If the point of delivery is outside the Republic of Ireland ..." / (Conditions) "If the address of the addressee is not in the Republic of Ireland ..."
  • S.I. No. 15/1986 The Rules of the Superior Courts
    • No. 24. O. 50, r. 20; AFFIDAVIT VERIFYING RECEIVER'S ACCOUNT (6) "___ Insurance Co., Ltd. the surety named in the bond dated the ___ day of ___ are still carrying on business in the Republic of Ireland"
    • ORDER 80. THE DISTRICT PROBATE REGISTRIES 6(1) and 6(6) "[someone who] died on or after the 1st day of January, 1967, ... domiciled in the Republic of Ireland"
  • S.I. No. 405/1986 "Bank" means a branch situated in the Republic of Ireland of a Bank listed in the First Schedule to the Accounts Regulations

Explanatory notes

  • S.I. No. 593/2019 "English Language Schools in the Republic of Ireland"
  • S.I. No. 227/2005 "This Order approves the partial transfer of the business carried on by Barclays Bank plc in the Republic of Ireland to Barclays Bank Ireland plc"
  • S.I. No. 239/2003 "This Order approves the transfer of the business carried on by Rheinhyp Bank Europe plc in the Republic of Ireland to Europaische Hypothekenbank SA"
  • S.I. No. 651/2003 "motor insurance business in Republic of Ireland" / "the Information Centre in Republic of Ireland for the purpose of providing information on insurers"

Debates

  • dail/1938-05-18 re montreux Convention Regarding the Abolition of the Capitulations in Egypt:
    • Dev: the difficulty of arguing that Article 9 is applicable to Éire, which merely succeeds to a capitulatory Power, viz., the late United Kingdom of Great Britain and Ireland [...] The plenipotentiary of Saorstát Éireann at Montreux (who signed the Convention on our behalf) [...] Ratification on behalf of Éire will not entail necessity for any new legislation.
      Perhaps Dev's used of Éire was impelled by the fact that the Irish Free State signed the Convention before the new Constitution changed the state's name, but was now ratifying it afterwards.
  • dail1945041100003
    • Patrick Cogan asked the Taoiseach if he is aware that considerable confusion exists by reason of the fact that the portion of Ireland under the jurisdiction of the Oireachtas is known by the same title as the entire national territory; and, if so, if he will introduce legislation amending the Constitution to give this portion of Ireland a distinctive title.
    • Eamon de Valera I do not agree that confusion exists by reason of the terms of Article 4 of the Constitution relating to the name of the State. The provisions of this Article were adopted after careful consideration in Dáil Éireann and, in fact, are the result of an amendment of the original text of the draft Constitution. I am not prepared to introduce legislation with a view to amending the Constitution in this regard.
    • Would the Taoiseach not agree that it is quite obvious that to describe one portion of Ireland by the same name as the entire State does make for confusion? Would it not suggest itself to the Taoiseach that one way out of the difficulty would be to revert to the original name of the Twenty-Six Counties, the Irish Free State?
    • No. I do not agree at all.

Statute book

(1) In every statute and statutory instrument ... the expressions “Saorstát Eireann” and “Irish Free State” ... shall ... be construed and have effect (unless the context otherwise requires) as meaning Ireland
(2) No adaptation of the expression “Saorstát Eireann” or the expression “Irish Free State” by virtue of the foregoing sub-section of this section shall operate so as to extend the meaning of such expression as to include therein any area which is, for the time being, not within the area and extent of application of the laws enacted by the Oireachtas.
    • Dáil debates John Marcus O'Sullivan: in reading one portion of this Bill, one is under the impression that the unity of Ireland has been achieved, but then you come to another portion of the Bill, as the Minister knows, which tells us that nothing of the kind has been achieved, and you are left precisely as you were; and as between "Ireland" and "The Irish Free State" and "Eire", what meaning is to be attached to these words at any particular instance is not quite clear. As I say, the mockery of the title "Ireland" is clearly indicated not merely in the Constitution itself, where I think that what was done was quite harmful, but here it is indicated in, I think, sub-section (2) of Section 2.
  • Finance Act 1938, sec.30 In this Act, unless the context otherwise requires, the word “Ireland” shall be construed as not including any area which is, for the time being, not within the area and extent of application of the laws enacted by the Oireachtas, and the word “Irish” shall be given a corresponding construction.
  • S.I. No. 16/1939 - Irish Nationality and Citizenship Regulations, 1939. sec.4(2) In these Regulations and in the Forms contained in the Schedule to these Regulations, the word "Ireland" does not include any area which is, for the time being, not within the area and extent of application of the laws enacted by the Oireachtas.
  • Agricultural Produce (Eggs) Act, 1939 sec 30(f): by being transported by a farmer or his servants from Ireland into Northern Ireland in the course of his business as a farmer
    • Agricultural Produce (Eggs) (No. 2) Bill, 1938—Final Stages. 14 December 1938
      • James G. Douglas My objection to the Minister's amendment is exactly the same objection I have to my own amendment. My object in putting it down was to draw the attention of the House and the country to the fact that the Government has introduced a Bill here which uses the word “Ireland” to refer only to the Twenty-Six Counties. I consider that this is a highly undesirable state of affairs and while it may legally be remedied either by my amendment or by that of the Minister—I am satisfied to withdraw mine in favour of the Minister's—it will not put the matter right. If the constitutional position is such that the word “Ireland” is to be used in all legislation as referring only to that part of Ireland over which the Oireachtas has control, then I suggest that, even if a constitutional Bill is necessary, the Government should remedy the position. I think it is an absurd position that in this Bill we speak of going from Ireland into Northern Ireland, which means from Ireland to Londonderry or Ireland to Belfast, and that if I go to Belfast I should, according to the Bill, say I am leaving Ireland to go to Belfast. I am only showing the absurdity of the position. I certainly consider that it was right to draw the attention of the House to it and that this House should draw the attention of the Government to it. ... For the moment, this Bill has to be passed. The word “Ireland” is used and clearly it only means the area under the control of the Oireachtas at the moment. The Minister is putting in an amendment to show that that is all it does mean. But the fact remains that the word “Ireland” is used there in a manner which I say is not desirable. I beg leave to withdraw the amendment.
      • Minister James Ryan: I do certainly think that the outrage of calling these Twenty-Six Counties "Saorstát Eireann" happened in 1922, because we had grown then to have great admiration for the Irish Republic which was then known as "Saorstát Eireann".
      • Michael Hayes: It has worked in English and Irish.
      • Ryan: It worked because a lot of the people were more ignorant of English than of the Irish language but perhaps I should say it did not work at all. As far as this amendment goes, I do not want it at all. We are all right, constitutionally, on this Bill leaving the amendment aside. Ministers may be admitting certain errors and I admit having committed an error in taking this seriously. I made a mistake in taking this seriously. I now see it was put down in order to have a talk on constitutional matters. I do not want the amendment. I am quite all right legally without it.
      • [both amendments withdrawn; "Ireland" left undefined in act]
  • Unnumbered Statutory Rules and Orders 25/10/1941: Workmens Compensation Act, 1934. Sec.1(4) The word "Ireland," in so far as it denotes geographical limitation, means that portion of the National territory to which, under the provisions of the third Article of the Constitution, the laws of Ireland have application.
  • S.I. No. 204/1944 - Saorstát Eireann Enactments (Adaptation) Order, 1944. The adjective "Irish" shall be substituted for the expression "Saorstát Eireann" wherever that expression is used as an adjective in any statute or statutory instrument continued in force by Article 50 of the Constitution.
  • Irish Whiskey Act, 1980 description "Irish whiskey" [s.1(1)] denotes "distilled in the State or in Northern Ireland" [s.1(3)(a)] and "matured .. in warehouse .. in the State [and/or] in Northern Ireland" [s.1(3)(b)(i–iii)]

"in Éire"

Excluding Northern Ireland

Dessie Ellis complained when 2016 driving licence in the Republic of Ireland of Belfast-born man gave place of birth as "Northern Ireland" despite having written "Ireland" on application form. National Driver Licence Service said this was pursuant to 2013 EU directive, and that it used "Northern Ireland" unless applicants 'specifically request the usage of The United Kingdom'.[2]

In the 2020 Ombudsman's report:[3]

The NDLS refused to amend the licence and the Road Safety Authority (RSA) upheld the NDLS’s decision after Lynda appealed to it. ... Under EU Directive 2006/126, the NDLS is required to record the ‘place of birth’ on driving licences. Under the computerised system used by NDLS, a drop-down box automatically identified the country once the county of birth was recorded. When any of the six counties in Northern Ireland were recorded, the only option on the drop-down system was to record ‘Northern Ireland’. The RSA said this was nothing to do with citizenship and only reflected the actual place where a person was born. ... The Ombudsman asked if it was possible to simply adjust the settings on the drop-down box to give the option of recording a place of birth as either Ireland or Northern Ireland. ... The RSA said that it was satisfied that the approach it had taken was legally correct. However ... it agreed to change its computer system to enable ’Ireland’ be recorded

Law

Mentions

Peter Kelly in an after the event insurance case in the Court of Appeal in 2015:[4]

An examination of the policy in the present case would suggest that it was originally written for the English market and has undergone minor modifications for use in this jurisdiction. One obvious error in the modifications is the provision that the insurance policy is governed by the laws of the Republic of Ireland. The “Republic of Ireland” is the description and not the name of this State.

Uses

Maureen Harding Clark in High Court immigration case in 2014:[5]

Additional information furnished to the GNIB by the UKBA in October 2011 indicated that B.Nz.I. had been interviewed and fingerprinted by the UKBA on the 17th June, 2008, and that on the same day she was served with papers as an immigration offender having obtained leave to remain by deception, after it became known that she had applied for asylum in the Republic of Ireland in another identity.

Donal O'Donnell in 2017 Supreme Court:[6]

The name of Father Brendan Smyth is so well known in the Republic of Ireland that it comes as a surprise to recall that he came to prominence because of the delay in processing an extradition warrant seeking his return for trial to Northern Ireland, because it was in that jurisdiction where he carried out most of the abuse of innocent children with which his name is now permanently linked.

Northern Ireland

  • CSO, 1956 Census, Volume 1, Commentary p.xxii Table XIV has rows for "IRELAND", "The Six Counties", "Scotland", "England and Wales", "Germany (Federal Republic)", "U.S.A.", "Netherlands".
  • CSO Statistical Abstract of Ireland 1966 p.ii
    "The Appendix ... relating to the Six Counties comprises tables ... [with] a cross-reference to the table in the body of the Abstract which contains the corresponding data for Ireland (exclusive of the Six Counties). ... Note.—The area referred to as Ireland in this Volume is to be interpreted as meaning Ireland exclusive of the Six Counties."

Miscellaneous

Treaty Series (includes notes as well as treaties) General 1930-1953 PDF (1956) or dfa.ie find-a-treaty May 1949 to July 1950 most have "[Government of the] Republic of Ireland" in title.

Michael D. Higgins explaining refusal to attend 2021 service marking Northern Ireland's centenary: "What [had started out as] an invitation to a religious service had in fact become a political statement. I was also referred to as the President of the Republic of Ireland. I am the President of Ireland."[7]

References

  1. ^ a b c d e f g h i "Irish Affairs Still for Commonwealth Office". The Irish Times. 20 April 1949. p. 1. Retrieved 4 June 2021.
  2. ^ Ainsworth, Paul (1 November 2016). "'Northern Ireland' change to Irish driving licence branded 'ridiculous' by Dublin TD". The Irish News. Retrieved 16 October 2018.
  3. ^ Tyndall, Peter (2021). "4.9 Co. Down woman wanted place of birth recorded as 'Ireland' on driving licence". 37th Annual Report; 2020: Managing complaints in a pandemic (PDF). Office of the Ombudsman. p. 35. Retrieved 22 November 2021.
  4. ^ "Greenclean Waste Management Limited v Maurice Leahy". Courts Service of Ireland. 8 May 2015. §48. 2015 IECA 97 1. {{cite web}}: Unknown parameter |nopp= ignored (|no-pp= suggested) (help)
  5. ^ "Nz.N. v Minister for Justice and Equality" (PDF). Courts Service of Ireland. 27 January 2014. §15. [2014] IEHC 31. {{cite web}}: Unknown parameter |nopp= ignored (|no-pp= suggested) (help)
  6. ^ Caffola -v- O'Reilly & anor, Caffola -v- O'Reilly & anor and Fusco -v- O'Reilly & anor [2017] IESC S17 at 1 (23 March 2017)
  7. ^ McGee, Harry; McClements, Freya (17 September 2021). "Higgins blames 'politicised' title of NI event for declining invite; says DUP criticism 'a bit much'". The Irish Times. Retrieved 17 September 2021.