(British) Ireland Act 1949

flogen

Can anyone help clarify this for me;
http://www.uniset.ca/naty/maternity/irelandact1949.htm

Scroll down to section two, which reads;

2 Republic of Ireland not a foreign country

(1) It is hereby declared that, notwithstanding that the Republic of Ireland is not part of His Majesty’s dominions, the Republic of Ireland is not a foreign country for the purposes of any law in force in any part of the United Kingdom or in any colony, protectorate or United Kingdom trust territory, whether by virtue of a rule of law or of an Act of Parliament or any other enactment or instrument whatsoever, whether passed or made before or after the passing of this Act, and references in any Act of Parliament, other enactment or instrument whatsoever, whether passed or made before or after the passing of this Act, to foreigners, aliens, foreign countries, and foreign or foreign-built ships or aircraft shall be construed accordingly.

Firstly, has this been appealed or amended in any way (I don't think it has) and if not, what exactly does it mean?
It's extremely long winded (as these things tend to be), but all I can get from it is that while the Monarch has no power over the Republic of Ireland it is not a foreign country. Is this in relation to allowances given to citizens of the State after the official creation of the Irish Republic which would allow them to claim a British pension, passport etc. etc.??

Karoma

I believe that It states that the Republic is officially seperate. Re: "not a foreign country" -> It should actually be read as a continuous sentence. It's essentially being very specific that the Republic not affected by any UK parliamentary or legal decisions - like Canda or Australia may... And,as such,citizens of the Republic are no longer subjects of the crown (So,presumably, entitelements would be revoked)

flogen

Karoma wrote:

I believe that It states that the Republic is officially seperate. Re: "not a foreign country" -> It should actually be read as a continuous sentence. It's essentially being very specific that the Republic not affected by any UK parliamentary or legal decisions - like Canda or Australia may... And,as such,citizens of the Republic are no longer subjects of the crown (So,presumably, entitelements would be revoked)

Irish citizens born under british rule were entitled to pensions and passport as far as I understand.
I don't quite understand what you mean by continuous sentence; what exactly does it mean, how does it make us different under British law from France or Germany?

Victor

It means for example, we don't need passports or visas to go to the UK, that we can work there as of right, that we wouldn't be subject to restrictions that, say, Germans might have been under at that time.

Hagar

I think it is basically saying the a citizen of the Irish Republic will not be treated as a foreigner while in Britain, even if only there for a criminal trial, ie he is subject to the treason laws etc which would only apply to British subjects.

It seems to rule out any future repealing of this law, thus making the Irish thralls for all time.

Nice one your majesty. Is it any wonder you are not made 100% welcome here?

Hagar

Double post sorry.

flogen

Victor wrote:

It means for example, we don't need passports or visas to go to the UK, that we can work there as of right, that we wouldn't be subject to restrictions that, say, Germans might have been under at that time.

Forgot about that whole aspect of Irish-British connections; I suppose it's something that is fast becoming irrelevant with the rise of the EU.

Hagar, I don't think there is any aspect of British law that cannot be repealled or amended and I don't think it makes us Thralls, no more than the British are thralls in Ireland (given that the lack of work and travel restrictions work from both sides)

Snickers Man

It could also be why Irish citizens are the only ones in Europe outside of the UK who are allowed to serve in her majesty's forces.

mcgarnicle

Slightly off topic, but i think relevant point. I think that an Irish person can become prime minister of the uk, the only foreign nationals entitled to do so

Hermione*

The act was passed in retaliation to the Republic of Ireland Act 1948. Its main purpose was to guarantee to Northern Ireland that so long as a majority of the population so wished it, they would remain a part of the UK. It's never been repealed, and as far as I know, isn't mentioned in the Good Friday Agreement.
The part you quote was relevant to the large Irish community living in Britain at the time. Britain had yet to experience large scale immigration from her other ex-colonies, and Irish people didn't want to lose the status they had in Britain as ex-subjects. The Act manages to recognise that Ireland was independent, while still allowing Irish people resident in Britain all the privileges of British citizens. This is why you don't need a passport to travel from Ireland to Britain, and I'm fairly certain as well that Irish citizens who are resident in Britain can vote in British elections.

Victor

Is retaliation the right word?

Hermione* wrote:

I'm fairly certain as well that Irish citizens who are resident in Britain can vote in British elections.

British citizens can also vote in most elections in Ireland (not President or Referendums I think) if they are resident here.

This is actually starting to happen in the rest of the EU where some countries have bi-lateral arrangements for their citizens to vote in and for the country they are resident in as opposed to citizens of.