Newsgroups: soc.culture.celtic
Subject: Ireland, not Eire (was Re: This Favorite Lie Again (clarification)
From: Aengus Lawlor <RBYAML@rohvm1.rohmhaas.com>
Date: Fri, 18 Dec 1992 17:56:44 EST
Organization: Rohm and Haas Company

This is an excellent article, David. 2 or 3 years ago, I posted some other
related material, which Donie Collins archived, and reposted sometime
last year when the question was last raised. I have included it at the
end of your article, which I have quoted in full. I've always wondered
exactly how the UK legislation was couched on this matter.

Aengus

In article <1992Dec15.194324.15680@maths.tcd.ie>, dwilkins@maths.tcd.ie (David
Wilkins) says:
>
>In article <1992Dec14.212631.7232@news.nd.edu>                                u
>ulick@michaelangelo.helios.nd.ed
>(Ulick Stafford) writes:
>>By my reckoning 5% of voters in Ireland (Eire) voted for Sinn Fein in the    n
>rece
>>elections in the UK and Free State.  In the Free State the vote was up
>>slightly on the last election, while support in the North was unchanged.
>>Much ado was made of the fact that Gerry Adams lost his seat in Westminster
>>in the Northern elections but this fact so blantely spun by British
>>Propagandists was due entirely to OUP supporters voting for the SDLP
>>candidate.  Like it or not, Sinn Fein support is steady and is not           .
>diminishing
>
>I think Ulick's paragraph deserves a certain amount of textual
>analysis, bringing us round to the perennial question as to the
>correct name/description for the state governed from Dublin.
>
>It appears from the context that Ulick is using "Ireland (Eire)"
>to refer to the "national territory" of the Irish nation, which
>according to Article 2 of de Valera's 1937 constitution, "consists
>of the whole island of Ireland, its islands and the territorial
>seas".
>
>However "pending the re-integration of the national territory",
>the laws enacted by the Irish Government are declared by Article 3
>of that constitution to have "the like area and extent of application
>as the laws of Saorsta/t E/ireann" (i.e., the former Irish
>Free State).
>
>It should be pointed out that, according to Article 4 of the
>1937 constitution "the name of the State is E/ire, or in the English
>language, Ireland".  (The wording of this article surely reflects
>the fact that English version of the constitution is a translation
>of Bunreacht na hE/ireann, the Irish language version.)
>
>The existence of the Irish Free State was terminated with the
>adoption of the 1937 constitution.  So Ulick's references to
>the Free State as a state currently in existence are
>anachronistic and/or incorrect.
>
>To continue the theme of the correct way of referring to the
>state governed from Dublin, one needs also to consider the
>Republic of Ireland Bill of 1948.  Article Two of that act
>declares that "the description of the State shall be the
>Republic of Ireland."  The Taoiseach of the time, John A.
>Costello, pointed out that the act does not conflict with
>the 1937 constitution since one specifies the `name' of the
>State, while the other specifies the `description' of the state.
>Costello went on to say that "tremendous confusion has been
>caused by the use of that word E/ire in Article 4.  By a
>misuse by malicious people of that word, `E/ire', they have
>identified it with the Twenty-Six counties and not with the
>State that was set up under this Constitution of 1937."
>
>One does not have to look far for the "malicious people"
>here referred to.  The British government adopted the name
>`Eire' as the official name, for British government purposes
>and for British legislation, for the state consisting of the
>26 counties in the period from 1937 till the passing of
>the Ireland Act of 1949.
>
>People in Britain continue to use the word Eire to refer
>specifically to the 26 county state.  I believe this is
>to be interpreted not as an insult to the people of that
>state, but rather reflecting their belief that it is the
>preferred name of the people of that state, as evidenced
>by its postage stamps!  (British people can surely be
>excused knowing that the Irish Republic regards as its
>first official language a language which is the mother
>tongue of a tiny minority of its population.)  This
>lamentable confusion extends even to government ministers.
>I heard Peter Brooke, former Secretary of State for
>Northern Ireland, refer to the South as the
>"Republic of Eire"!
>
>The official position of the British Government is
>however expressed in Section 1 of the Ireland Act
>of 1949.  It is perhaps worth quoting that article
>in full:
>
>   Be it enacted by the King's most Excellent Majesty,
>   by and with the advice and consent of the Lords
>   Spiritual and Temporal, and Commons, in this
>   present Parliament assembled, and by the authority
>   of the same, as follows:-
>
>   1.-(1) It is hereby recognized and declared that the
>   part of Ireland heretofore known as Eire ceased, as
>   from the eighteenth day of April, nineteen hundred
>   and forty-nine, to be part of His Majesty's dominions.
>
>   (2) It is hereby declared that Northen Ireland remains
>   part of His Majesty's dominions and of the United Kingdom
>   and it is hereby affirmed that in no event will Northern
>   Ireland or any part thereof cease to be part of His Majesty's
>   dominions and of the United Kingdom without the consent of the
>   Parliament of Northern Ireland.
>
>   (3) The part of Ireland referred to in subsection (1) of this
>   section is hereafter in this Act referred to, and may in any
>   Act, enactment or instrument passed or made after the passing
>   of this Act be referred to, by the name attributed thereto
>   by the law thereof, that is to say, as the Republic of Ireland.
>
>(Subsection 2 has had to be modified, since the Parliament of
>Northern Ireland is no longer in existence; the amended version
>requires the consent of the people of Northern Ireland as expressed
>in a referendum to be held once every ten years.)
>
>The rest of the act goes on to consider the position of Irish
>citizens in the U.K. and laws relating to Irish manufactures.
>Essentially, Irish citizens in Britain, while no longer commonwealth
>citizens, are according to this act to be treated on an equal
>footing with commonwealth citizens (enabling Irish citizens to
>vote in U.K. elections, for example).
>
>DRW
>


In article <7545.26adc6bb@dit.ie>, alawlor@dit.ie (Aengus Lawlor) writes:
> In article <1949@prles2.prl.philips.nl>, collins@nvpna1.prl.philips.nl (Donal
O Coileain) writes:
>
>> The Irish Constitution says the following :
>> "Eire is ainm don Stat no, as Sacs-Bhearla, Ireland "
>> The name of the state is Eire or, in English, Ireland.
>>
>> and
>> " Is e oilean na hEireann go hiomlain, maille lena
>>   oileain agus a fharraigi teorann na criocha naisiunta. "
>> The national territory consists of the whole island of Ireland,
>> its islands and the territorial seas.
>>
>> There is no reference (that I could find) to the name "Republic
>> of Ireland".

I dug out the Encyclopedia Britanica last night to see what it had to say.
(Decide for yourself how authoritive you consider the 1964 edition on this
issue). The relevant paragraphs, (out of many pages on the Political history of
Ireland (pre WWI) and Northern Ireland and the Republic of Ireland (post WWI))
are as follows:-
"On November 17 [1948] Costello [then Taoiseach] introduced in the Dail the
Republic of Ireland bill, which proclaimed secession of the 26 counties from
the Commonwealth and empowered the Irish president to exercise all the
functions concerning external affairs previously exercised by the British
crown. The state was to be the Republic of Ireland, but the name "Eire" or
"Ireland" would continue to be used. While the bill was in preparation, urgent
talks were held on Nov 15th between Irish leaders and British Commonwealth
leaders. [Sean] MacBride then announced that as from January 1949 there would
be three categories of citizens in Britain: British, Commonwealth, and Irish.
Atlee conferred with Sir Basil Brooke, the Ulster premier, and insisted that no
change affecting the constitutional position of Northern Ireland be made without
the consent of its people. Costello in introducing the bill said that it was
"concieved in no spirit of hostility to the British people, or to the
institution of the British Crown". He believed it would produce greater
friendship between Great Britain and Ireland. The bill was not opposed at any
stage and became law on Dec. 21st [1948]. De Valera expressed his cordial
support, regretting only that effective jurisdiction for the Republic over the
whole of Ireland could not yet be claimed.
......
On April 17th [1949] the Irish Republic was formally proclaimed in the Irish
cities, and messages of goodwill were sent from King George VI and President
Harry S. Truman."

This account indicates that the title Republic of Ireland does have legislative
validity. But it doesn't quote any passages from the Act, so until somebody
gets a copy and posts the relevant articles, it will remain a moot point.

In another article (or an e-mail) also from Aengus:

[ No. 22.] _The Republic of Ireland Act,_ 1948.   1948]

                 ARRANGEMENT OF SECTIONS.

Section.

   1.  Repeal of the Executive Authority (External Relations) Act,
          1936.

   2.  The Republic of Ireland.

   3.  Exercise by the President of the executive power or any
          executive function of the State in or in connection with
          its external relations.

   4.  Commencement.

   5.  Short title.

The facing page is the Irish version (Riar na nAlt)


The following page reads (including the margin notes):-

             [ No. 22.] _The Republic of Ireland Act,_ 1948.   [1948]


                                     /
                                     EIRE
                                 --------------
                               Number 22 of 1948.
                              --------------------
                       THE REPUBLIC OF IRELAND ACT, 1948.
                              --------------------

                  AN ACT TO REPEAL THE EXECUTIVE AUTHORITY
                     (EXTERNAL RELATIONS) ACT, 1936, TO DECLARE
                     THAT THE DESCRIPTION OF THE STATE SHALL BE
                     THE REPUBLIC OF IRELAND, AND TO ENABLE THE
                     PRESIDENT TO EXERCISE THE EXECUTIVE POWER
                     OR ANY EXECUTIVE FUNCTION OF THE STATE IN
                     OR IN CONNECTION WITH ITS EXTERNAL
                     RELATIONS. [21st December, 1948]


                  BE IT ENACTED BY THE OIREACHTEAS AS FOLLOWS :-


Repeal of the     1.-The Executive Authority (External Relations) Act, 1936
Executive        (no. 58 of 1936), is hereby repealed.
Authority
(External
Relations) Act,
1936.

The Republic of   2.-It is hereby declared that the description of the State
Ireland.         shall be the Republic of Ireland.

Exercise by the   3.-The President, on the authority and on the advice of the
President of the   Government, may exercise the executive power or any executive
executive power    function of the State in or in connection with its external
or any executive   relations.
function of the
State in or in
connection with
its external
relations.

Commencement.     4.-This Act shall come into operation on such day as the
                 Government may by order appoint.

Short title.      5.-This Act may be cited as the Republic of Ireland Act, 1948.




I believe the date appointed by the Government (section 4) was April 17, 1949.
This Act also only covers the "26 Counties", as the Dail has no jurisdiction
over Northern Ireland.

As to whether this act contravenes the constititution which says the "name of
the state is Ireland", section 2 states "the description of the State shall be
the Republic of Ireland."
(Dearbhai/tear leis seo gur Poblacht na hE/ireann is gne/thuairisc ar an
Sta/t).
--
Aengus Lawlor    Dept of Computer Science.           Time flies like an arrow,


> /    /      /    | email - collins@prl.philips.nl    or
>Donal O Coileain. |         ..!hp4nl!prle!collins
>                  |  -----------------o------------------
>Donie Collins.    | SERI -  collins:nlwaya01

Aengus
--
RBYAML@ROHMHAAS.COM                    Aengus Lawlor
RBYAML@ROHVM1.BITNET                   (who used to be ALAWLOR@DIT.IE)
"How about some of that famous Dublin wit, Barman?"
"Certainly, sir. Would that be Dry or Sparkling?"
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