Ireland Act 1949 facts for kids
| Act of Parliament | |
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| Long title | An Act to recognise and declare the constitutional position as to the part of Ireland heretofore known as Eire, and to make provision as to the name by which it may be known and the manner in which the law is to apply in relation to it; to declare and affirm the constitutional position and the territorial integrity of Northern Ireland and to amend, as respects the Parliament of the United Kingdom, the law relating to the qualifications of electors in constituencies in Northern Ireland; and for purposes connected with the matters aforesaid. |
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| Citation | 12, 13 & 14 Geo. 6. c. 41 |
| Introduced by | Clement Attlee |
| Dates | |
| Royal assent | 2 June 1949 |
| Commencement | 18 April 1949 |
| Other legislation | |
| Amended by | Representation of the People Act 1949 Diplomatic Privileges Act 1964 Northern Ireland Constitution Act 1973 British Nationality Act 1981 |
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Status: Amended
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| Text of statute as originally enacted | |
| Revised text of statute as amended | |
The Ireland Act 1949 was an important law passed by the Parliament of the United Kingdom. Its main goal was to deal with what happened after the Irish parliament (called the Oireachtas) passed the Republic of Ireland Act 1948. This new Irish law meant that Ireland was no longer part of the British Commonwealth.
Contents
Why the Act Was Needed: Background
After most of Ireland left the United Kingdom in 1922, the new Irish Free State was still considered a "dominion" of the British Empire. This meant that Irish people were seen as British subjects. They could live and work freely in the UK and other parts of the Empire. The British King or Queen was still the head of state.
However, over time, Ireland slowly removed the King's role from its laws. By 1936, the King only had a few duties left. These included signing papers for Irish ambassadors and international treaties.
Ireland didn't take much part in the British Commonwealth. In 1945, Irish leader Éamon de Valera even said, "we are a republic." Then, in 1948, the Irish Prime Minister (called Taoiseach) John A. Costello surprised many by announcing that Ireland would officially become a republic.
The Irish law, the Republic of Ireland Act 1948, removed the King's last duties. Instead, the President of Ireland would take on these roles. When this Act became law on 18 April 1949, Ireland officially stopped being a British dominion. This also meant Ireland left the British Commonwealth. Irish citizens were no longer automatically treated as "British subjects" in the UK.
What the Act Did: Main Points
The Ireland Act 1949 had several key purposes. Here's a simple breakdown of what it said:
- Section 1(1) – Ireland Leaves the Commonwealth: This part officially stated that the country known as "Eire" (which is what the UK called Ireland) was no longer part of the British Commonwealth. This happened on 18 April 1949, the same day the Irish Republic of Ireland Act started. This was important to make sure everyone understood Ireland's new status in British law.
- Section 1(2) – Northern Ireland Stays in the UK: This section made it clear that Northern Ireland would continue to be part of the United Kingdom. It also said Northern Ireland would stay in the Commonwealth. The only way this could change was if the Parliament of Northern Ireland agreed to it. This part was seen as very important for the UK's safety and future plans.
- Section 1(3) – New Name for Ireland: This part said that from then on, British laws would refer to "Eire" as the "Republic of Ireland."
- Section 2(1) – Ireland Not a Foreign Country: Even though the Republic of Ireland was no longer a British dominion, this section declared it would not be treated as a foreign country under British law. This was a special arrangement.
- Section 2(2) – Ambassador Privileges: The Irish ambassador in the UK would get the same special tax benefits as ambassadors from Commonwealth countries.
- Section 3(1) & (2) – Laws Still Apply: These sections made sure that many existing British laws that used to apply to Ireland would continue to do so. For example, if a law mentioned "His Majesty's dominions," it would still include the Republic of Ireland, even though Ireland had changed its status.
- Section 3(3) – Royal Succession: This part removed the need for the Irish parliament to agree to any changes about who would become the next King or Queen. It also ended the need to tell the Irish government about rules for a regent (someone who rules if the King or Queen is too young or ill).
- Sections 4 and 5 – Citizenship Details: These sections dealt with some technical matters about citizenship. They helped fix a mistake in an earlier law, the British Nationality Act 1948. This was especially important for people born before the Irish Free State was formed.
- Section 6 – Voting Rules in Northern Ireland: This section made some changes to voting rules for Members of Parliament (MPs) in Northern Ireland. For example, voters now had to live in Northern Ireland for at least three months before they could register to vote. This was to stop people from the Republic of Ireland coming to vote in Northern Ireland elections.
Fixing a Mistake in British Citizenship Law
The Ireland Act also helped fix a problem in the British Nationality Act 1948. The 1948 Act had rules for people who were British subjects and also citizens of "Eire" on 31 December 1948. The problem was that the UK government didn't fully understand who was considered a "citizen of Eire" under Irish law.
The UK thought that if someone was born in Southern Ireland but lived in Northern Ireland in 1922, they would become a UK citizen. However, under Irish law, anyone living anywhere in the island of Ireland on 6 December 1922 was considered an Irish citizen. This date was important because on that day, the whole island was technically the Irish Free State. Northern Ireland only voted to leave the next day.
This meant that many people in Northern Ireland, who thought they were British citizens, might have lost that status because of Irish law. This was not what the UK intended.
To fix this, Section 5 of the Ireland Act 1949 made it clear. It said that certain people born in what became the Republic of Ireland, but who lived outside it on 6 December 1922, would still be considered Citizens of the UK and Colonies (CUKC). This was true even if Irish law said they were Irish citizens.
What This Meant for Families
This part of the Act was important for many families. It meant that some people born in the Republic of Ireland before 1922, who didn't get Irish citizenship (perhaps because they moved away), were still considered British citizens.
This also affected their children and grandchildren, especially those living outside Ireland. They might be able to get both Irish and British citizenship. For example, if a British citizen father registered his child's birth at a British consulate, that child could also be a British citizen.
In some cases, people in the Irish diaspora (Irish people living abroad) might be able to get British citizenship even if they can't easily get Irish citizenship. This could happen if their parents or grandparents didn't register their births correctly with Irish consulates in the past.
Northern Ireland's Name
The Act did not change Northern Ireland's name. However, earlier ideas for the law had suggested changing Northern Ireland's name to "Ulster."
How People Reacted
The Ireland Act caused a lot of anger in Ireland. This was because it confirmed that Northern Ireland would stay part of the UK unless its own parliament decided otherwise. Since Northern Ireland had a majority of people who wanted to stay in the UK (called unionists), this part of the law made the "unionist veto" (meaning unionists could block any change) very strong in British law.
As a result, the Irish parliament held a "Protest Against Partition." This was the first and only time all Irish political parties agreed to speak out against the partition of Ireland. Some historians believe that the strong feelings against this Act led to the return of the Irish Republican Army in the early 1950s.
There was also anger about the idea of changing Northern Ireland's name to "Ulster." Irish nationalist politicians and the Irish Minister for Foreign Affairs were upset. This is because "Ulster" has nine counties, but Northern Ireland only includes six of them.
