User:Frenchmalawi

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Frenchmalawi.

For my own reference[edit]

Long tradition from 1st millennium, under influence of Rome and Byzantium, through to modern times. Examples: Constitutional references to God, Edict of the Emperor Henry V at Concordat of Worms, Treaty of Paris (1783)[1], Treaty of Paris (1814)[2], Byzantine-Russian Treaty of 911[3], Lateran Pacts of 1929[4], The Holy Alliance Treaty[5], Quadruple Alliance[6], The Treaty of London for Greek Independence, July 6, 1827[7]. For diplomatic chancery, see Chancery (diplomacy), and Carolingian practice Government of the Carolingian Empire (chancery). Frenchmalawi (talk) 17:35, 20 October 2014 (UTC)

For my own reference [8][edit]

Draft[edit]

Ireland Act 1949[edit]

Main article: Ireland Act 1949

The United Kingdom's Ireland Act 1949 came into force on 18 April 1949 and recognised the end of the Irish state's status as a British dominion, which had been effected under the Irish Republic of Ireland Act 1948 brought into force in 1949. The 1949 Act was also used by the United Kingdom to "repair an omission in the British Nationality Act, 1948".[1] The 1948 Act included provisions dealing specifically with the position of "a person who was a British subject and a citizen of Eire on 31st December, 1948".[2] Because of this, how the British law would apply was dependent on a question of Irish law, namely, who was a "citizen of Eire"? The UK Government seriously misunderstood the position under Irish law. The UK Secretary of State for Home Affairs explained that:[3]

"[w]hen British Nationality Act was passed the United Kingdom did not know that a person who was born in Southern Ireland of a Southern Irish father and on 6th December, 1922, was domiciled in Northern Ireland was regarded as a citizen of Eire under Eire law. They therefore considered that such a person became a United Kingdom citizen on 1st January, 1949 [in accordance with the British Nationality Act]".

The impact of this was that many people in Northern Ireland were in theory deprived of a British citizenship status they would otherwise have enjoyed but for Irish law. This was an unintended consequence of the British Nationality Act.

The Secretary of State also explained the background to the mistake. He reported that under Irish law the question of who was a "citizen of Eire" was in part, dependent on whether a person was "domiciled in the Irish Free State on 6th December, 1922".[4] In this regard he noted:[5]

"The important date to bear in mind there is 6th December, 1922, for that was the date...the Irish Free State was constituted, and as constituted on 6th December, 1922, it consisted of the 32 counties with the six counties which now form Northern Ireland having the right to vote themselves out. They did so vote themselves out on 7th December, but on 6th December, 1922, the whole of Ireland, the 32 counties, was the Irish Free State and it was not until 7th December, the next day, the six counties having voted themselves out, that the Irish Free State became confined to the 26 counties. Therefore, the Eire law, by inserting the date 6th December, 1922, and attaching to that the domicile, meant that anybody domiciled inside the island of Ireland on 6th December, 1922, was a citizen of Eire."

The amendment made to the British Nationality Act under the Ireland Act sought to address was intended to make it clear, in summary, that regardless of the position under Irish law, the affected persons domiciled in Northern Ireland on 6 December 1949 would not be deprived of a British citizenship status they would otherwise have enjoyed but for Irish law.

Section 5 of the 1949 Act conferred Citizenship of the UK and Colonies (CUKC) on any Irish-born person meeting all the following criteria:[6]

  1. was born before 6 December 1922 in what became the Republic of Ireland;
  2. was domiciled outside the Republic of Ireland on 6 December 1922;
  3. was ordinarily resident outside the Republic of Ireland from 1935 to 1948; and
  4. was not registered as an Irish citizen under Irish legislation.

Separate to nationality law, the 1949 Act also provided that "citizens of the Republic of Ireland" (the British nomenclature adopted under the Act) would continue to be treated on a par with those from Commonwealth countries and would not be treated as aliens.

End[edit]

The Secretary of State for the Home Department (Mr. Ede)

The object of the new Clause is to repair an omission in the British Nationality Act, 1948. The effect of Section 1 of that Act is that a person who was a British subject and a citizen of Eire on 31st December, 1948, and who did not become a United Kingdom citizen on 1st January, 1949, under Section 12 of the Act, ceased to be a British subject on 1st January, 1949, unless he sent a notice to me under Section 2 of the Act. Under the law of the Irish Republic, a person born in Ireland before 6th December, 1922, is a citizen of Eire if, firstly, he was domiciled in the Irish Free State on 6th December, 1922; or secondly, he was on or after 10th April, 1935, permanently resident in Eire; or thirdly, he had registered as a citizen of Eire.

The important date to bear in mind there is 6th December, 1922, for that was the date under which, under an Act of this House, the Irish Free State was constituted, and as constituted on 6th December, 1922, it consisted of the 32 counties with the six counties which now form Northern Ireland having the right to vote themselves out. They did so vote themselves out on 7th December, but on 6th December, 1922, the whole of Ireland, the 32 counties, was the Irish Free State and it was not until 7th December, the next day, the six counties having voted themselves out, that the Irish Free State became confined to the 26 counties. Therefore, the Eire law, by inserting the date 6th December, 1922, and attaching to that the domicile, meant that anybody domiciled inside the island of Ireland on 6th December, 1922, was a citizen of Eire.

When the British Nationality Act was passed the United Kingdom did not know that a person who was born in Southern Ireland of a Southern Irish father and on 6th December, 1922, was 2238 domiciled in Northern Ireland was regarded as a citizen of Eire under Eire law. They therefore considered that such a person became a United Kingdom citizen on 1st January, 1949, under Section 12 (4) of the British Nationality Act. But the Government of the Irish Republic have now stated that they regard the words "domiciled in the Irish Free State on 6th December, 1922" as meaning domiciled anywhere in Ireland including Northern Ireland, and they support this interpretation by a decision of an Eire court in the year 1933.

The new Clause makes it clear that whatever may be the position under Eire law, a person who was born in Southern Ireland of a Southern Irish father, but was domiciled in Northern Ireland on 6th December, 1922, and did not acquire Eire citizenship by residing permanently in Southern Ireland on or after 10th April, 1935, or by registering as an Eire citizen, did not cease to be a British subject on 1st January, 1949, and became on that date a United Kingdom citizen unless he was a citizen or potential citizen of some other Commonwealth country.

Subsection (1) of the new Clause declares that the person concerned shall not be deemed to have ceased to be a British subject. Strictly it is not necessary to say this, but the subsection has been inserted in order to meet the suggestion of a former Lord Chancellor that the fact that the person did not cease to be a British subject should appear on the face of the Clause. Subsection (2) secures that the person concerned is a United Kingdom citizen if he is neither a citizen nor a potential citizen of some other Commonwealth country.

Subsection (3) secures that the person concerned enjoys the benefit of certain other provisions under the British Nationality Act which provide for treating as having been British subjects on 31st December, 1948, persons who were not, in fact, British subjects on that date. For example, it will ensure that a woman born in Dublin of a Dublin father, who was domiciled in Belfast on 6th December, 1922, and not permanently resident in Southern Ireland on or after 10th April, 1935, or registered as an Eire citizen, and who married a German in 1930 and so lost her British nationality, shall be deemed to have been a British 2239 subject on 31st December, 1948, under Section 14 of the Act and, therefore, became a United Kingdom citizen on 1st January, 1949.

Subsection (4) is designed to ensure that nothing in the new Clause prejudices the position of a person who, on 1st January, 1949, became, under the provisions of the British Nationality Act, a United Kingdom citizen or a British subject without citizenship. Examples are: a person domiciled in Belfast on 6th December, 1922, who was born in Dublin of a father born in England—that person is a United Kingdom citizen by descent under Section 12 (2) of the British Nationality Act; and a person domiciled in Belfast on 6th December, 1922, who was born in Dublin of a Southern Rhodesian father—that person is a potential citizen of Southern Rhodesia—that is, a British subject without citizenship—under Section 13 (1) of the British Nationality Act. It should be borne in mind that the interpretation given by the Eire court to the Irish Free State does not in any way affect the position of persons born in Northern Ireland or born in Dublin of a Northern Ireland father. Such persons are United Kingdom citizens under Section 12 (1 a) and subsection (2) of that Section of the British Nationality Act.

In moving that this House doth agree with the Lords in this Amendment, I have endeavoured to put the matter before the House as clearly as I can, but very distinguished lawyers elsewhere, who had the advantage of hearing the exposition of the joint authors of this Clause, expressed some doubts as to the clarity of the exposition. I have done my best. I hope that the House will accept this Amendment, as one dealing with a very intricate subject, in the spirit in which we conducted the Third Reading Debate of the Measure in this House. We do not desire that any person who desires to remain a British subject shall be deprived of that inestimable privilege by any legalistic considerations. We believe that the words which have been put into this Clause succeed in ensuring that and I earnestly commend the Clause to the House.

§ 10.20 p.m.

Ed.[edit]

Northern Ireland ceases to be part of the Irish Free State.[7] An Address to cause this in accordance with the Anglo-Irish Treaty was presented to the King by both Houses of the Parliament of Northern Ireland.[8][9]



The Secretary of State for the Home Department (Mr. Ede) speaking in the House of Commons in 1949 remarked:

"The important date to bear in mind there is 6th December, 1922, for that was the date under which, under an Act of this House, the Irish Free State was constituted, and as constituted on 6th December, 1922, it consisted of the 32 counties with the six counties which now form Northern Ireland having the right to vote themselves out. They did so vote themselves out on 7th December, but on 6th December, 1922, the whole of Ireland, the 32 counties, was the Irish Free State and it was not until 7th December, the next day, the six counties having voted themselves out, that the Irish Free State became confined to the 26 counties."

HC Deb 01 June 1949 vol 465 cc2235-51

  1. ^ HC Deb 01 June 1949 vol 465 cc2235-51 (Secretary of State for Home Affairs)
  2. ^ HC Deb 01 June 1949 vol 465 cc2235-51 (Secretary of State for Home Affairs)
  3. ^ HC Deb 01 June 1949 vol 465 cc2235-51 (Secretary of State for Home Affairs)
  4. ^ HC Deb 01 June 1949 vol 465 cc2235-51 (Secretary of State for Home Affairs)
  5. ^ HC Deb 01 June 1949 vol 465 cc2235-51 (Secretary of State for Home Affairs)
  6. ^ R. F. V. Heuston (January 1950). "British Nationality and Irish Citizenship". International Affairs 26 (1): 77–90. doi:10.2307/3016841. 
  7. ^ HC Deb 01 June 1949 vol 465 cc2235-51
  8. ^ "Northern Ireland Parliamentary Report, 7 December 1922". Stormontpapers.ahds.ac.uk. Retrieved 2009-04-28. 
  9. ^ The Times, 9 December 1922