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Dáil Éireann debate -
Wednesday, 20 Feb 1952

Vol. 129 No. 5

Private Deputies' Business. - Adjournment Debate—Title of British Sovereign.

Some days ago I put down a question to the Minister for External Affairs asking him whether his attention had been drawn to the fact that in recordings broadcast by the British Broadcasting Corporation of the reading of the proclamation of accession of the new British Sovereign wherein she was described as "Queen of Great Britain and Ireland" and, if so, whether the Government proposed to take steps to refute the assumption of sovereignty by Britain over Ireland thus implied. When I drafted this question the subsequent announcement of the styles and titles of the new queen of England had not been promulgated. The question related to the reading of the Proclamation of Accession which was read throughout different parts of England immediately following upon the death of the late King of Great Britain.

I put down the question, not anticipating that it would cause the Minister for External Affairs any difficulty. I felt it was a matter to which his attention should be drawn and did not anticipate that it would lead to any acrimonious discussions at Question Time. The Minister, in replying, said:

"The Deputy appears to be confusing the Proclamation of Accession of the new British Sovereign which was made in London with the form used in some Commonwealth countries. No mention of Ireland was included in the London Proclamation of Accession, but in some Commonwealth countries and, later, when the styles and titles of Queen Elizabeth II were recited by the Garter King-at-Arms at the burial ceremony at Windsor, the British statutory form, which mentions Ireland, was used."

The Minister went on to say:

"As the Deputy is, of course, aware, the existing statutory form of royal title was adopted by British Royal Proclamation on the 22nd June, 1948, and during the past three and a half years has been in constant use by the British Government. The assumption of sovereignty it implies is well known not to be accepted by the Irish people or the Irish Government. In view of our Constitution, which clearly sets out wherein lies the sovereignty of Ireland, and of the obvious political facts, any more formal refutation would not seem likely at present to serve any effective purpose."

There was no confusion whatsoever in my mind as to the question I put to the Minister. Through some rather extraordinary process of the Press, various reports were published in our newspapers immediately following upon the death of the late King of Great Britain to the effect that the British Royal Title had been changed in some respects. Simultaneously with those reports, recordings of the Proclamation read in London proclaimed the new Queen as Queen of Great Britain and Ireland. I felt that it would be well to have these matters cleared up. I felt, too, that on the coming into power of a new sovereign in Great Britain, it was essential that we should make our position clear if that new sovereign claimed sovereignty, either directly or by inference, over Ireland.

As some acrimonious discussions followed between the Minister and myself at Question Time. I felt it would be well to raise this matter on the Adjournment so that it could be cleared up fully. As I said at the outset, I put down this question to the Minister not anticipating that it would give him any difficulty, and hoping that it would provide him with an opportunity of making the position clear.

This is the first time that a new British Sovereign has claimed sovereignty over this State since the Repeal of the External Relations Act, and I think it well that such claim to sovereignty should be clearly repudiated. I do not suggest that it should be done in any bombastic or antagonistic manner. A notification will, no doubt, be sent, through its diplomatic channels, by the British Government to all the governments of the world announcing that a new Queen of Great Britain and Ireland has been proclaimed and now reigns. That claim to sovereignty over Ireland, is, of course, what is known as a "claim of pretension," but even if it be merely a "claim of pretension," I feel it is both necessary and desirable that a formal notification should go from this Government to the governments of all other countries intimating that this Government regards this assumption of sovereignty merely as a "claim of pretension," and that, of course, Ireland is an independent sovereign Republic which does not recognise any form of overlordship by the head of any other State. The Minister, I think somewhat unworthily in his reply to-day, sought to suggest that I was displaying surprise at the assumption of sovereignty by the British Sovereign over Ireland, but that, in fact, this position had obtained since the 22nd of June, 1948.

I was not surprised that this claim was made. The position has obtained far longer than since the 22nd June, 1948. The position of the British Royal Title is that it originally rested on an Act of William III passed in 1696, which settled the succession of the Crown of England and Ireland on Sophia of Hanover and "the heirs of her body being Protestants". Finally, in 1917, the British Royal Family's description was changed to "the House and Family of Windsor". In 1927 the present form of the British Royal Title was evolved and remained unchanged until, I think, the passage of the Indian Independence Act of 1947 in England, which, by Section 7, altered the Royal Title by omitting from it "Emperor of India". That Act, which is the Act under this Proclamation to which the Minister refers was issued, became law in England on the 18th July, 1947.

I am not suggesting that the Minister or the Government is in any way to blame or responsible for the fact that the British Crown should still assume a title from which sovereignty might be inferred in respect to this country. It is probably unwise from the point of view of the British Government and Crown to continue to assert a "title of pretension" of this kind, but so long as an assumption of this kind is made, an assumption which clearly conveys a claim to sovereignty, it is necessary that we should, on the accession of any new Sovereign in Britain that chooses to claim sovereignty over the country, make it clear beyond doubt to the other Governments of the world that we do not admit that claim of sovereignty. This can be done quite politely. There is no necessity for any friction, but I think a formal notification should be sent to the other Governments of the world who will have been notified formally of the accession of the new Queen of Great Britain and Ireland. In so far as Ireland is concerned, that is merely a "title of pretension" which is not accepted by the Irish people.

I would like the Minister to consider that very seriously. It is a matter of some importance. It is a new precedent. Until the 18th April, 1949, when the Republic of Ireland Act, 1948, came into operation here, it would have been difficult to take that step, in that, by the External Relations Act, we not merely had a British Sovereign as part of our constitutional machinery but we also, in fact, accepted the British Sovereign as King of Great Britain and Ireland by sub-section (2), Section 3, of the External Relations Act.

But not by the Constitution.

It was an Act of this Parliament.

That is accepted but it is not our constitutional position.

If the Act was unconstitutional that Act had no validity or force. But we presume it was constitutional as it was passed by this House in 1936 and was not set aside by the courts. Therefore it was a legal Act. By it we made the Act of Abdication of King Edward VIII of Great Britain part of our law. We provided in sub-section (2), Section 3, that the Act of Abdication "shall have effect according to the tenor thereof" for the purposes of the External Relations Act "and all other (if any) purposes," and then went on to provide that the King who would succeed Edward VIII would be King for "these purposes." The Act of Abdication described the King as "King of Great Britain and Ireland." Until the repeal of that Act by this House it would have been difficult to take any exception to the facts that the British Sovereign described himself as King of Great Britain and Ireland.

That is a complete perversion of the facts, of course.

It is not. The facts are in the Statute Book.

That is the Deputy's description of the facts but they are not the facts that are in the Statute Book.

I will read it again. We passed an Act in 1936 which provided that the Act of Abdication of Edward VIII should become part of our law and that the King that was to succeed Edward VIII would be King for the purposes of that Act and all other purposes and in the Act we embodied the Act of Abdication which starts off: "I, Edward the Eighth, of Great Britain, Ireland..." and that is on our Statute Book.

Is he styled "Defender of the Faith"?

He probably is as well.

The Deputy has one minute to conclude.

The Deputy is not afraid to give me 11 minutes?

I think it is unfortunate that the Minister should deal with a matter of this kind in a contentious manner. I put down the question in order to give him an opportunity to clear the air as there had been a considerable amount of confusion in our Press and in the minds of the people. I also feel he should avail of this opportunity to take the course I have suggested he should take.

Quite the worst thing the Deputy does is to preach and I must say he has very great impudence in preaching to me about not treating this matter in a contentious manner after his false description of the procedure here by which the Dáil got rid of the King out of this country in spite of the Deputy's friends of the last few years. I have not time in the ten minutes at my disposal to deal with all the aspects of the matter but the Deputy said here to-night that this is the first time a British Sovereign has claimed sovereignty over Ireland since the repeal of the External Relations Act.

No, since the passing of the Republic of Ireland Act.

The repeal of the External Relations Act is what the Deputy said. However, I will take the other phrase, the passing of the Republic of Ireland Act, as it was called. The Deputy has a very short memory and a very convenient memory. If this Proclamation of Accession read in some parts of the Commonwealth is an effective claim to sovereignty by a British Sovereign over Ireland, then this is not the first time such a claim has been made, and, to the knowledge of the Deputy, it is not the first time since the passing of the Republic of Ireland Act. When the British Ambassador was accredited here on June 23rd, 1950, he presented to the Deputy this document: "George VI, by the Grace of God of Great Britain, Ireland and the British Dominions beyond the Sea, King, Defender of the Faith, etc., etc...." That was handed in to the Deputy's own hands.

And not alone on one occasion, but on several occasions. Yet the Deputy says this is the first time a British Sovereign has claimed sovereignty over this part of our country since the repeal of the External Relations Act. I have given the Deputy now one occasion on which a document was handed into his hands in which the British Sovereign claimed that, by the Grace of God, he was King of Great Britain, Ireland and the British Dominions beyond the Seas and Defender of the Faith.

Deputy MacBride was very annoyed that he was not at the funeral. That is what is wrong.

Deputy Cowan would still be in jail but for us.

On 22nd July, 1950, there was another such document, a document which refutes the Deputy's suggestion now that this is the first time a British Sovereign claimed sovereignty over Ireland because again on that date, 22nd July, 1950, in the fourteenth year of his reign, George Rex describing himself as "By the Grace of God of Great Britain, Ireland and the British Dominions beyond the Seas, King, Defender of the Faith," suggested that the Deputy as Minister for External Affairs should take a second gentleman here as ambassador. Again, after the Repeal of the External Relations Act on 9th June, 1949, another ambassador was sent here, and the document handed to the Deputy was in similar terms. The Deputy cannot get away with that sort of prevarication very long, and he should stop it.

The Deputy suggested that I was trying to create confusion to-day when I said that he was alluding in his question to the official Proclamation of Accession in Britain. What did the Deputy ask? He referred to "recordings of the reading of the Proclamation of Accession of the new British Sovereign." There was one principal Proclamation of Accession and that was in London when the Accession Council solemnly met members of the British Government and proclaimed the new Queen as their sovereign, and in that proclamation they did not address her or describe her as Sovereign of Ireland. They talked about Queen of this realm and other realms, head of the Commonwealth, but they did not say Queen of Great Britain and Ireland. So far as I am aware that was only done in a couple of Commonwealth countries where the lawyers took the view that, according to their domestic law, the new sovereign had to be proclaimed according to the statutory royal style and title, and the statutory royal style and title is the style and title which the late King gave himself when he addressed letters through the Deputy, and when the Deputy accepted those letters as Minister for External Affairs.

Certainly.

Without any public protest or any protest of any kind. Another point Deputy MacBride made was that he was alluding to something merely in reference to the B.B C. in his question. He talked about this Proclamation of Accession and asked me to take steps to refute the assumption of sovereignty by Britain—not by some announcer in the B.B.C. but by Britain. It is quite clear, therefore, that the Deputy had in his mind when he put down the question that he was asking me about the official proclamation in Britain and about the assumption in it by Britain of sovereignty over Ireland. I told the Deputy quite plainly early to-day that there is no one here who for a moment accepts this claim of sovereignty by Britain over Ireland.

That is all Deputy MacBride wanted you to say to-day but you were too crooked to say it.

Deputy MacBride tried to make us believe that because we had to take certain steps between 1932 and 1936 to get rid of British sovereignty in this part of Ireland we were accepting the position. For the last three years Deputy MacBride was sitting alongside men in Government who in the past drove the Oath of Allegiance to the British King down our throats.

(Interruptions.)

Deputy Corish is now a great republican but he was not such a great republican when he sat alongside Deputy MacBride and accepted that sort of thing.

You called the Dáil in 1936 to recognise the King.

Deputy Corish and Deputy MacBride are repeating here some of the old allegations and untruths with which they successfully deceived a lot of the people for some of the time but, thank God, they did not deceive them for very long. Their day of deception is over.

In conclusion, let me say that I repudiate completely Deputy MacBride's suggestion that I in any way misinterpreted his question this afternoon in my reply to it. I dealt with it clearly as it was written down. If the Deputy changed his mind between the time he put down the question and the date upon which I had to answer it, that is none of my affair. I believe that the people here at the present time, and I am glad to say this— the Opposition as well as the Government—have the one view on this matter. They have the one view also, now, on our Constitution and on its extension to embrace the whole of Ireland and the relations they hope eventually to see exist between ourselves and our nearest neighbour. There is no use in Deputy MacBride or anybody else claiming there is any difference in views on that matter for the sake of a purely ephemeral political purpose. In the past there was a difference and a very acute difference. At the present time there is no difference and I hope that the position will remain so for the future.

Will the Minister consider the suggestion I have made? I think it is worth considering.

The Dáil adjourned at 11 p.m. until 3 p.m. on Thursday, 21st February, 1952.

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