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Dáil Éireann díospóireacht -
Thursday, 30 Apr 1953

Vol. 138 No. 8

Ceisteanna—Questions. Oral Answers. - British Army Conscription.

asked the Minister for External Affairs if, in view of the recent decision of the Queen's Bench Division of the High Court of Justice in Britain concerning the liability ofIrish Republican citizens for national service, he will make the necessary representations to the British authorities to ensure that Irish migrants, who are compelled by economic circumstances to migrate, will not be required to enlist in foreign armed forces.

asked the Minister for External Affairs if he is aware of the successful appeal of the British Ministry of Labour and National Service from a dismissal by the Bristol city magistrates of a summons against an Irish national for having failed to submit himself for medical examination under the National Service Act, 1948, which was allowed by the Queen's Bench Divisional Court in London, and if he proposes to make a statement in the matter.

With the permission of the Ceann Comhairle, I propose taking Questions Nos. 9 and 10 together.

Mr. Brosnan's case received the most careful consideration and attention in my Department since I became aware of the intention of the British authorities to appeal against his acquittal on the prosecution taken by the British National Service authorities on 9th December last, and every assistance that could properly be given to Mr. Brosnan to enable him to defend the appeal was given to him. Among other things, I arranged to secure the opinion of a distinguished leader at the Inner Bar in London as to the legal issues involved, and a copy of that opinion was made available to Mr. Brosnan's legal advisers.

The position under British law of Irish male citizens in Britain is that between the ages of 18 and 26 years they are liable to be called up for service in the British armed forces if resident there for two years unless the residence is for the purpose of attending a course of education or can be shown to be for some other temporary purpose. This obligation attaches to Irish citizens not by virtue of the terms of the National Service Act, 1948 (which applies only to British subjects) but by reason of a provision in the British Nationality Act, 1948, which madeexisting British law applicable to Irish citizens as it applies to British subjects. The Ireland Act, 1949, expressly continued that position.

It was not until the enactment of the 26th Amendment of the Constitution of the Irish Free State and the passing of our Nationality and Citizenship Act, 1935, that we established an Irish citizenship for international as well as for domestic purposes. But notwithstanding that change, British law continued to regard Irish citizens as British subjects.

Just before the outbreak of the second World War it was ascertained that the British Government proposed upon that basis to impose conscription on Irish citizens in the Six Counties.

The Government protested to the British Government and the Deputy will be aware that subsequently the Six Counties were exempted from the operation of that legislation. Later during the war it was found that Irish citizens resident in Britain for more than two years were being conscripted upon the basis that in British law they were British subjects. The Government again protested to the British Government, as a result of which Irish citizens resident in Britain who were called up for enrolment in the British forces were given the option of returning to their homes in Ireland.

The anomalous position of Irish citizens being regarded in British law as British subjects was altered belatedly by the British Nationality Act, 1948; but that Act continued on our citizens resident in Britain obligations under the National Service Act, 1948. In 1947, when we were made aware of the draft terms of the British Nationality Act (1948), we made a formal protest against its provisions and since then our attitude is one of continuing protest, particularly in view of the fact that British armed forces still occupy portion of our national territory.

Migratory labourers, such as Deputy O'Donnell has in mind, who go to Britain for seasonal work and who return to this country when the work is completed, are not liable to be called up for service in the British armedforces. The recent decision of the British High Court does not affect this situation. I should add that where an Irish citizen is called upon to present himself for medical examination with a view to being conscripted into the British armed forces, he has the option of returning to Ireland within six weeks following the call-up.

Bearing in mind the deep and widespread interest which has been taken in this matter by Irish citizens who are resident in Britain, and as the whole situation has radically changed since 1948, when the British Government made Irish citizens in Britain liable to conscription there, would the Minister, fortified by the unanimous wish of all Parties in this House, arrange to make further formal representations to the British Government asking them to desist from making Irish citizens liable for conscription in Great Britain?

As the Deputy is aware, since 1948 there have been many questions in the Dáil about this matter. I could refer the Deputy to at least a dozen questions in 1948, 1949, 1950 and 1951, in regard to this particular subject. Undoubtedly, as the Deputy says, the fact that there are people over there being held liable for service in the British armed forces is resented here particularly in view of the fact that these armed forces are in occupation of portion of our territory.

There is no difference between the Government's outlook and attitude and the outlook and attitude of all Parties in the House. We are all opposed to the British making our people liable to conscription, seeing that it is Britain's job to fill up the gaps in her own army, but the British may well regard this as something which we dislike but still tolerate with equanimity unless we continue to protest to them on every possible occasion against the continuance of the imposition of this liability. I have no desire to ask awkward questions but the British Government should be told that all Parties take the view that Irishmen ought not to be brought intothe British army. There is no moral justification for it and the legal justification that Britain now offers has long since been effaced by the changed circumstances and the effluxion of time.

I know the Deputy has no desire to ask me awkward questions; neither have I any desire to give him awkward answers, but I would not like it to be taken that because of the absence of formal protests in the years 1948 to 1951, we accepted the position against which we protested in 1947.

It is very little use to our citizens in England who are being conscripted to be told what the Government in 1948 or 1949 did or what the present Government did. Does the Minister agree that the British Government are entitled to conscript Irish citizens or not?

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