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Oath of Allegiance (Ireland) facts for kids

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The Irish Oath of Allegiance (Irish: Mionn Dílse) was a very important and controversial promise that Irish politicians had to make. This promise was part of the Anglo-Irish Treaty of 1921. Members of the Irish Parliament, called TDs (from the Lower House of the Irish Parliament) and Senators, had to swear this oath. They had to do this before they could take their seats in Dáil Éireann (the main chamber) and Seanad Éireann (the Senate). This rule lasted until May 3, 1933, when the Constitution (Removal of Oath) Act 1933 was passed. The big arguments about this Oath were a main reason for the Irish Civil War in 1922–23. This war was fought between those who supported the Treaty and those who were against it.

What the Oath Said

The exact words of the Oath were in Article 17 of the Irish Free State's 1922 Constitution. It said:

I (name) do solemnly swear true faith and allegiance to the Constitution of the Irish Free State as by law established, and that I will be faithful to H.M. King George V, his heirs and successors by law in virtue of the common citizenship of Ireland with Great Britain and her adherence to and membership of the group of nations forming the British Commonwealth of Nations.

The part "allegiance to the Constitution of the Irish Free State" came from a version suggested by Éamon de Valera. His idea was: "I (name) do solemnly swear true faith and allegiance to the constitution of the Irish Free State, to the Treaty of Association, and to recognise the King of Great Britain as Head of Associated States."

Politicians had to take this Oath in front of the Governor-General of the Irish Free State or someone else he allowed.

Why the Oath Caused Problems

It's interesting that the Oath, which many people hated, was mostly created by Michael Collins. He based parts of it on a draft from President Éamon de Valera. Collins also used ideas from the oath of the Irish Republican Brotherhood. In fact, Collins got the Irish Republican Brotherhood's approval before he even suggested the Oath during the treaty talks.

Compared to oaths in other British Commonwealth Dominions (countries that were part of the British Empire but governed themselves), this Oath was quite mild. It didn't ask for a direct promise of loyalty to the King himself. Instead, it was an indirect promise of loyalty because of the King's role in the treaty. He was seen as a symbol, the "King in Ireland."

However, many people who were against the Treaty saw the Oath as very offensive. They didn't like that it included the British monarch.

  • They believed the Oath meant accepting that Ireland and Britain shared a common citizenship under King George. They felt this went against the oath they had already taken to support an independent Irish Republic.
  • They argued that even if the Oath was to the Constitution, the Constitution itself made the King the head of state. So, they felt it was still like swearing loyalty directly to him.
  • They felt that the public had voted for a party that promised a full Republic. They believed they couldn't accept anything less without asking the people again.

On the other hand, those who supported the Treaty said:

  • The Oath was mainly about "true faith and allegiance to the Constitution of the Irish Free State." This line was actually written by de Valera in his own suggested oath.
  • The mention of the King was a promise of fidelity (faithfulness), not a direct promise of allegiance (loyalty).
  • They argued that the faithfulness to the King was not to him as the British monarch. It was "in virtue of the common citizenship of Ireland with Great Britain and her adherence to and membership of the group of nations forming the British Commonwealth of nations." This meant he was a symbol of the Treaty agreement, not the British King.

The Collins 22 Society later said that the idea the Oath was "a direct oath to the Crown [was] a fact demonstrably incorrect." But they added that in 1922, what people thought about the Oath, not the actual words, was what really mattered.

The Oath was essentially a promise to the elected government in the Irish Free State. It was also called the "Crown in Ireland." Many people were against it because they felt it wasn't fully discussed before the Anglo-Irish Treaty was signed in December 1921. Also, many members of the second Dáil Éireann, elected in May 1921, had already sworn an oath to support an Irish Republic.

De Valera and Getting Rid of the Oath

When Éamon de Valera started his new political party, Fianna Fáil, in 1926, they agreed to run in elections. However, they refused to take the Oath. But then, the Vice-President, Kevin O'Higgins, was sadly killed. This led the Cumann na nGaedheal government, led by W. T. Cosgrave, to make a new law. This law said that all Dáil candidates had to promise they would take the Oath. If they didn't, they couldn't run in the election.

Because of this new rule, de Valera took the Oath. He said he was just signing a piece of paper to be allowed into the Dáil. In May 1933, de Valera changed the Free State's constitution. At that time, the constitution could be changed with a simple vote in the Dáil. First, he made it possible to introduce any changes, even if they went against the Anglo-Irish Treaty. Then, he changed the constitution to remove Article 17, which was the part that required taking the Oath. Robert Rowlette, elected in October 1933, was the first TD who did not have to take the Oath.

Historical Oaths of Loyalty

Oaths of loyalty to the English crown have been required in Ireland for a long time. For example, the Irish Act of Supremacy from the time of King Henry VIII (1537) required such an oath. Later, under King William and Mary, this oath was also required for nobles, members of the House of Commons, bishops, and lawyers.

Under British rule, lawyers in Ireland had to swear an oath of loyalty to the King. This stopped many Irish Nationalists from becoming lawyers because they wouldn't swear such an oath. For Catholics, the words of these oaths were often difficult because they sometimes seemed to go against their loyalty to the Pope.

Daniel O'Connell and the Oath

The Oath of Allegiance also stopped Catholics in Ireland from becoming members of the House of Commons of the United Kingdom after the Acts of Union 1800. In 1828, Daniel O'Connell won an election in County Clare. But he refused to take the Oath of Allegiance to the British Crown. After the Roman Catholic Relief Act 1829 was passed, O'Connell took his seat in 1830. He was the first Irish Catholic to do so since 1689.

Even 2023, this oath of allegiance is still required for elected members of the House of Commons to take their seats. This is one reason why Sinn Féin and other Nationalists in Northern Ireland often refuse to take their seats in the UK Parliament.

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