asked the Minister for External Affairs whether he has had under consideration the position of Irish citizens covered in respect of nationality by the Citizenship and Nationality Act, and who are permanently resident in Great Britain, regarding liability for military service in that country in the event of war.
Ceisteanna—Questions. Oral Answers. - Irish Citizens in Great Britain.
The Government have had under consideration the question as to whether Irish citizens permanently, or ordinarily, resident in Great Britain would be liable for military service in that country in the event of war. Irish citizens permanently, or ordinarily, resident in Great Britain would not, as such, be liable to military service in that country in the event referred to.
No comprehensive code of nationality law existed in this country until the year 1935. In that year two statutes were enacted to clarify the constitutional and international position in the matter of Irish nationality, namely (1) the twenty-sixth amendment of the Constitution of Saorstát Eireann whereby the territorial limitation of the citizenship created by that Constitution was removed; and (2) the Irish Nationality and Citizenship Act, 1935, which defined Irish citizenship for all purposes, national and international, and set up legal machinery for its regulation. There is now no law in force in this country whereby any person possesses or can acquire any nationality other than Irish nationality.
It will be borne in mind, however, that, prior to the enactment of the Constitution of 1922, Irish-born persons and the children born abroad of Irish-born fathers acquired British nationality at birth under the British Nationality and Status of Aliens Acts, which were part of the law of the late United Kingdom of Great Britain and Ireland. The British law to which I have referred has not been altered in this connection in Great Britain since the coming into operation of the Constitution of Saorstát Eireann. That law is not consistent with the present international status of Ireland or with the international character of the relations now existing between the two countries. So long as this anomaly continues, it is obvious that, in the event of war, there is a danger of a conflict of view with regard to the question of the liability for military service in Great Britain of certain Irish citizens permanently or ordinarily resident there, those, namely, who are claimed as possessing British nationality under British law.
The position under Irish law is quite definite. Every person who acquired Irish citizenship by virtue of the Constitution of 1922, or who has acquired or acquires Irish citizenship by or under the Irish Nationality and Citizenship Act, 1935, possesses Irish nationality only, and should not be liable to military service in Great Britain in the event of war, whether temporarily or permanently resident in that country. Our statute law is in conformity with the Hague Convention of 1930 on certain questions relating to the conflict of nationality laws, and with the principles internationally recognised as applicable to nationality laws. The Government are advised that a law enacted in any other country under which the Government of that country would now or in the future claim to impose military service on all persons permanently or ordinarily resident there, on the ground that such persons were born in Ireland or were born of Irish parentage, would not be consistent with that convention or with those principles.
Would the Minister say whether, apart from the reply he has now read, it has been intimated to the British Government that we regard citizens of Ireland, either under the Constitution or under the Citizenship and Nationality Act, immune from liability to conscription if resident in Great Britain at the time of the enactment of a conscription code there?
There has been, so far as I am aware, no definite intimation of that sort given. It seemed to us to follow from our position.
Does the Minister not consider the matter of such vital importance to many Irish residents in Britain that it is desirable that it should be emphasised to the British Government, so as to make our position clear long before a crisis arises in which these people may be conscripted?
That is quite all right, but the question is: Are you going to get agreement? It is obvious that you must get agreement if you are not going to have a conflict.
I am not asking that the British Government should agree, because it does not seem to me to be important that they should, once we emphasise the fact that we regard our people as being immune from the conscription laws.
Our position was made clear at the time of the passing of the Act.
Very well. Does the Minister then say that we regard our people as being immune from a conscription code in Great Britain?
Yes.
Would the Minister not consider taking the matter up with the British Government on that basis?
I shall have to think over that matter.