Letter from Frederick H. Boland to Thomas J. Kiernan (Canberra) enclosing an aide mémoire on the Ireland Bill
(305/14/36)

The Minister wishes you to call immediately on Mr. Chifley¹ and leave with him an Aide Mémoire in the terms of the attached draft. Will you please fill in the gap in paragraph 5 or, if necessary, amend the passage, in accordance with the action taken on our telegram No. 4?²

You might also give a copy of the Aide Mémoire to Dr. Calwell.

Please report by cable on your interview with Mr. Chifley and keep us so informed of any other conversations you may have with Cabinet Ministers on the subject of the 'Ireland Bill'.

[enclosure]

1. The introduction in the British House of Commons last week of a Bill entitled 'The Ireland Bill' has created a serious new difficulty in Anglo-Irish relations. By reason of the interest the Government of Australia took in the discussions which took place last Autumn, connected with the repeal of the External Relations Act, the Irish Government desire to acquaint the Government of Australia with the position created by the introduction of this new measure in the British House of Commons.
2. The new measure in addition to dealing with consequential changes following upon the repeal of the External Relations Act and the enactment of the Republic of Ireland Act, purports to re-enact and confirm the partition of Ireland. One of the purposes of this Bill is stated in its Preamble to be 'to declare and affirm the constitutional position and the territorial integrity of Northern Ireland', and Section 1 (1) (b) of the Bill affirms 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 Government of Australia is already familiar with the grave difficulties and dangers associated with the partition of Ireland, which was effected in 1920. This matter has already been the cause of serious conflict and, on several occasions, of bloodshed, since 1920 and has been destructive of the good relationship which would normally exist between Great Britain and Ireland.

   In the light of these circumstances, the enactment of the provisions referred to, at a time when it is the desire of the Irish Government to bring about more friendly and normal relations, is not only unwarranted and provocative but, in view of the fact that the British legislation whereby Ireland was partitioned is still on the British Statute Book, is also quite unnecessary. The step which the British Government has initiated must inevitably increase the existing difficulties and dangers, both internally and from the point of view of the relations between Great Britain and Ireland.

4. Following upon the discussions which took place at Chequers on the 17th October, 1948 and at Paris on the 16th and 17th November, at which Dr. Evatt represented Australia, it was the understanding of the Irish Government that efforts would be made by the British and Irish Governments to secure the development of more normal and friendly relations and that both sides would avoid the taking of steps that might be regarded as provocative or destructive of the relationship that should normally exist between Great Britain and Ireland. The Government of Ireland has, for its part, sought to observe the spirit of the understanding reached in these discussions.
5. When the rumour first appeared in the Press early in January, 1949, that the British Government might introduce legislation guaranteeing the continuance of the existing Partition of Ireland, the Irish Government expressed to the British Government its grave concern and its earnest hope that no such action would be taken. (A copy of the Aide-Mémoire handed to the British Government was communicated informally at the time to the Minister for External Affairs of Australia).³ In spite of this, the Irish Government received no prior intimation from the British Government of the provisions of the 'Ireland Bill' referred to above. The Irish Government were only made aware of the contents of the Bill on the 2nd May and did not see its text before the evening of the 3rd May after its introduction in the House of Commons.
6. The phrase in the Preamble of the Bill quoted above would seem to be specifically designed to bring the six north-eastern counties of Ireland within the scope of the mutual guarantees exchanged by the parties to the North Atlantic Treaty and thereby to add to the proposed legislative guarantee by the British Parliament a new measure of international recognition.
7. The proposed new measure, by purporting to preclude the area described as Northern Ireland 'or any part thereof' from uniting with the rest of Ireland, destroys the hope cherished by the majority of the population in an area approximating to more than half the area described in the British enactment as Northern Ireland, that they would have been allowed to opt for unity with the rest of Ireland. The British measure, therefore, purports to preclude the majority of the people in this area from exercising their democratic right of determining, by their free will, their allegiance and status. To thus close the door on democratic remedy and destroy the hope of a majority of the population in these areas can only have grave consequences.
8. The inclusion of provisions precluding the reunification of Ireland without the consent of the Parliament of the area described as Northern Ireland in the British Bill is no doubt an attempt to give the measure a cloak of democratic sanction. The area in question was deliberately delimited so as to ensure a permanent majority in favour of resisting the will of the Irish people as a whole. This local majority is centred chiefly in the area immediately surrounding Belfast. The Six-County area as a whole is occupied by British forces. The artificial customs border is operated by British customs and the finances of the Belfast Government are inextricably mixed up with those of the British Government; thus, every encouragement and support has been given for the creation of vested interests to maintain the division created in 1920.
9. The attitude of the Irish Government is that the essence of democratic rule lies in the right of a nation to choose their own Government and determine their own affairs democratically by the free vote of the people without outside interference; that, accordingly, the territorial integrity and status of Ireland is a matter to be determined democratically by the free votes of the Irish people without interference from outside. Britain's action in introducing at this stage unnecessary legislation concerning the territorial integrity of a portion of Ireland is a fresh challenge to this democratic right.
10. It was the wish and stated intention of the Government of Ireland to work for the establishment of a closer and more cordial relationship with Britain. There was every reason to hope that, on the basis of the arrangements made following the enactment of the Republic of Ireland Act, such a relationship would be achieved and maintained. The Government of Ireland hoped that it would have been possible to find a solution of the one remaining obstacle to full Anglo-Irish co-operation and understanding by discussion at the conference table. With this end in view, the Government of Ireland, in its Aide-Mémoire on the Atlantic Pact of the 8th February last,⁴ suggested such a discussion in the context of the proposed North Atlantic Pact; it was felt that this context provided an opportunity for discussions of this problem in an atmosphere free from many of the difficulties that would normally exist. Unfortunately, this offer was not accepted, but, instead, the unnecessary and provocative action referred to in the present Aide-Mémoire was taken by the British Government.
11. The Irish Government are at a loss to understand the motives of the British Government in taking such a step at this juncture in the relations between the two countries. The importance of Anglo-Irish friendship as an element of strength and cohesion in the democratic world has often been stated. It is a factor of particular importance in relation to the countries of the Commonwealth and especially between Australia and Ireland, who share so many ties of blood and friendship. The action of the British Government can only exacerbate the existing difficulties between Ireland and Great Britain.
12. Because of the close bonds of friendship and kinship that exist between the people of Ireland and the people of Australia and the desire of the Irish Government to maintain close co-operation with the Nations of the Commonwealth, the Government of Ireland considered it desirable to acquaint the Government of Australia with the developments that have occurred and with the Government of Ireland's viewpoint.
13. The Irish Government, which has made known its views on the matter to the British Government in an Aide-Mémoire of which a copy is attached,⁵ earnestly hopes that, even at this late hour, the British Government will reconsider its decision to proceed with a measure fraught with so many difficulties and dangers.