Memorandum from Frederick H. Boland to Éamon de Valera (Dublin)
'Proposed British Nationality Legislation'

My conversation with Mr. Archer prior to his visit to London was summarized in the memorandum of the 30th December which I sent over to you.¹ In accordance with your instructions, I told Mr. Archer, just before he left for London, that I had discussed the matter with you and that, for the moment, there was nothing to add to what I had said to him, but that that was subject to all reserves as to the actual texts to be used to give effect to the principles we had discussed.

2. Mr. Archer came to see me on the 9th January on his return from London. He told me that his Government were definitely prepared to accept the five broad principles we had discussed in the course of our conversation on the 20th December. If our Government also agreed, the acceptance of these principles could form the basis of our attendance at the Commonwealth Nationality Conference to open in London on the 3rd February - that is to say, that the principles would be mutually accepted in advance and the discussions at the Conference would be limited to the question of the means of giving effect to them. If we were agreeable to this, the British would be glad to know the names of our delegates at once so that the necessary accommodation could be reserved. The Conference would be on the 'official' level; no British Ministers would attend, and, so far as was known, none of the other delegates would be of Ministerial rank. The British proposed to inform the other members of the Commonwealth at once of their discussions with us, informing them, at the same time, that 'in the view of the United Kingdom and Éire Governments, these principles provide a suitable basis on which to work out arrangements for dealing with the position of Éire'. The British authorities had no doubt that the other Governments would be agreeable.
3. The following are the five principles referred to above:-
   • that the British Nationality and Status of Aliens Act, 1914, under which persons born in this country are regarded as being born 'within His Majesty's dominions and allegiance', and, by reason of that fact, as being British subjects, should be repealed and provision made whereby persons born in Ireland (or born abroad of an Irish father, etc.) will no longer be British subjects under the law of Great Britain;
   • provision to be made for 'optional retention of British subject status by existing Éire citizens without specific contracting in or out';
   • provision to be made for 'a special form of status in the Commonwealth for Éire citizens, based on reciprocity and not involving allegiance';
   • 'retention of Éire citizenship by Irish citizens who become "naturalised" in the United Kingdom, i.e., dual nationality';
   • 'the special form of status in the United Kingdom for Éire citizens to include the right to "naturalisation" on the same basis as Dominion citizens'.
4. As regards the first of the above principles, Mr. Archer handed to me, in writing, the text of Section (1) of the preliminary draft of the new British law. It reads:-
   

   'Any person who is, under the provisions of this Act, a citizen of the United Kingdom and Colonies, or who is a British subject under the law of any Dominion or territory listed in the First Schedule to this Act, shall be deemed to be a British subject.'

   This is in accordance with what Mr. Archer told me on the 20th December as reported on page 5 of my memorandum of the 30th December.² The text undoubtedly gives legal effect to the principle we wish to have established, though, as I pointed out to Mr. Archer on the 20th December, and again on the 9th January, a more definitely exclusory provision would be better from our point of view. I also told Mr. Archer that, although we were not dealing with drafting points at this stage, the description 'Dominion or territory' would not suit us; we would prefer 'country'. Mr. Archer did not think there would be any difficulty about such a change. The other four points are quoted from a typewritten statement which Mr. Archer gave me. As regards point b), he said that the Parliamentary Draftsman was being instructed to limit the provision regarding the optional retention of British nationality to those 'who wished to retain it'. As regards point c), Mr. Archer said that, while it would be recognized that our citizens no longer owed allegiance to the Crown, they would, while resident in the United Kingdom, be held responsible for the same degree of local allegiances as, in accordance with international law, was required from resident aliens.

5. We feel in the Department that acceptance of these five principles by the British represents really an extraordinary advance, and that, on the understanding that the principles are accepted beforehand, leaving for discussion only the question of the means of giving effect to them, it would be definitely in our interest to attend the forthcoming Conference. Our attendance at the Conference would afford an opportunity for influencing the choice of the language to be used in presenting the new provisions as regards this country to the House of Commons. The explanation given to the House of Commons will be almost as important as the provisions of the Bill itself. Indeed, if the forthcoming Conference is to issue an Official Report, an explanation of the special position of this country may have to be made in that Report without waiting for the presentation of the Bill to the House of Commons at all.
6. If we are to attend the Conference, our delegation would naturally include, I think, Dr. Rynne, of this Department, and, say, Mr. Costigan of the Department of Justice. I would suggest that Miss Murphy should also go. Her exceptionally retentive memory and long experience of our official relations with the British over the last twenty years or more would be very useful. I would think that I should also go myself - at least until the main principles have been discussed and accepted and the final drafts to give effect to them drawn up.
7. The two points upon which the British are anxious to have an immediate reply from us, so that they may wire the other Commonwealth Governments and make the other necessary arrangements, are -

1.  whether, on the basis of the British Government's acceptance of the five principles set out above, we are disposed to attend the Conference; and
2.  if so, who the members of our delegation are likely to be.