Memorandum from Frederick H. Boland to Éamon de Valera (Dublin)

I attach an account of the conversations I have had with Sir John Maffey and Mr. Archer about the proposed Commonwealth Nationality Conference and the proposed amendment of the British Nationality and Status of Aliens Act, 1914.¹ You will see that there seems to be some possibility of the repeal of the provision under which Irish citizens are regarded as British subjects in Great Britain.

2. This would be a tremendous and historic gain for us, not only in itself but in its implications. It has been a fundamental principle of British constitutional law for centuries that persons born, within the King's dominions and allegiance, are British subjects. To recognise that Irish citizens are not British subjects is to recognise that Ireland is not part of the 'King's dominions and allegiance'. To wring that admission from the British would be to drive them from a position to which they have clung tenaciously in spite of all the changes of the last fifteen years. It would reverse seven centuries of history and afford the final rebuttal to those who try to argue that King George is head of this State. It would be a crushing riposte to, people like 'Ramrod' in the 'Leader', who use the present law in Britain as a pretext for arguing that:-
    

   'All of us are British citizens before the world, and, therefore, in law, British subjects, and, therefore, in law presumed to owe allegiance to Britain. That is the international law position ....... all of us may feel how we like about allegiance to Britain, but we are in the grip of law, and not under duress either, and the law regards us as British subjects and liable to the death penalty if one of us were found guilty of treason against the King of England. That is the position, and I challenge Mr. de Valera, or any apologist for Fianna Fáil republicanism, to contradict that statement'.

3. As you will see, the only major snag seems likely to be the insistence of the British on providing for the retention of British nationality by persons who possess that status by virtue of birth in Ireland prior to the passing of the new Act. The Legal Adviser is considering whether any formula could be devised which would be better from our point of view than that mentioned on page 9 of the attached memorandum.² The great importance of the formula adopted with regard to this point rests in the fact that whatever is done now is apt to be referred to as a precedent in the event of the abolition of partition and the reincorporation of the Six Counties in the territory of the State.
4. We have as yet had no discussion with the Department of Justice in connection with this matter. So far, only the External Affairs aspects of the question have been touched upon, i.e., the amendment of the British Act of 1914 and our attendance at the proposed Commonwealth Conference. It will, of course, be necessary to bring them into consultation at an early stage, particularly if, as seems not improbable, changes in our Nationality Act of 1935 are required in consequence of the new legislation in Great Britain.
5. I should be glad to have your directions as to whether there is anything more specific which you would wish me to say to Mr. Archer before he goes to London later this week. You mentioned on the telephone that you intended to bring the matter before the Government. I should be glad to have your directions as to whether a memorandum should be prepared for this purpose, and as to whether you would prefer to bring the matter before the Government now or to await the results of Mr. Archer's conversations in London.