Despatch from Seán Murphy (for Patrick McGilligan) to L.S. Amery (London)
(D.1983/4) (No. 143) (Confidential) (Copy)

Sir,

With reference to your Confidential despatch No. 117 dated the 16th day of March, 1929, in reply to my Confidential despatch dated the 31st day of December, 1928,¹ I have the honour to inform you that His Majesty's Government in the Irish Free State have very carefully considered the observations made in your Confidential despatch under reference in regard to the terms of the formal note to be addressed to foreign Governments in notifying the proposed appointment of a Minister representing any of the member States of the Commonwealth.

2. His Majesty's Government in the Irish Free State have in my despatch dated the 31st day of December, 1928, emphasised the importance which they feel should attach to avoiding the use in the proposed note of forms and expressions which might confuse in the minds of foreign Governments principles of political relationship within the Commonwealth which have been definitely elucidated and clearly defined amongst the Commonwealth States themselves. Declarations of principles do not remove the necessity for exact conformity between the practices used and the principles declared. Rather do such declarations emphasise the necessity for such conformity.

3. His Majesty's Government in the Irish Free State find themselves in full accord with the proposal of His Majesty's Government in the Union of South Africa to omit from the text of the proposed informative note all reference to diplomatic unity and to the relations between His Majesty's Ambassador and the Minister of the member State. His Majesty's Government in the Irish Free State agree with the view of His Majesty's Government in the Union of South Africa that such references are unnecessary and that they are likely to lead to misunderstandings as to the relationship in which the member States of the Commonwealth stand to each other. The considered opinion of His Majesty's Government in the Irish Free State in this connection has already been stated in my despatch of the 31st day of December, 1928, and it is unnecessary to reiterate the constitutional considerations in the light of which that opinion was formed and on which, as it was incontrovertibly well-founded, it must remain fundamentally unchanged. The conclusion arrived at by His Majesty's Government in the Union of South Africa that the note under discussion should contain no more than a simple and plain intimation to the foreign Government concerned of the desire of the Commonwealth State to be represented by a Minister and a general indication of his functions in relation to such Government provides so simple, so logical and so practical a safeguard against the confusion which His Majesty's Government in the Union of South Africa feel in common with His Majesty's Government in the Irish Free State must arise on the form of note suggested in telegram circular No. 137 that His Majesty's Government in the Irish Free State fail to understand on what Commonwealth principle or in what Commonwealth interest that conclusion could be disregarded. His Majesty's Government in the Irish Free State feel that the difficulties anticipated by them and adverted to in my despatch of the 31st day of December, 1928, are real difficulties and that the greatest possible care should be taken to prevent those difficulties beforehand by adequate and appropriate provision towards that end.

4. Reference is made in the despatch of His Majesty's Government in the United Kingdom under reply to the views of His Majesty's Government in the Commonwealth of Australia in the matter of the removal from the proposed note of the explanatory words occurring after the words 'diplomatic unity of the Empire' in the relevant context thereof. His Majesty's Government in the Irish Free State find themselves in agreement with the view of His Majesty's Government in the Commonwealth of Australia in that they are unable to understand in what respect the words 'diplomatic unity of the Empire' without any explanation as to what they signify can be less likely to give rise to confusion in the mind of a foreign Government, particularly of a foreign Government at whose capital there may be several diplomatic representatives accredited by His Majesty, than it would when accompanied by the definition suggested in the telegram of the 21st day of December Circular B. No. 137. His Majesty's Government in the Irish Free State, therefore, mindful of the fundamental agreement which exists amongst all His Majesty's Governments as to the nature of the co-operation upon which the entire Commonwealth conception is founded, would urge the desirability of retaining in the proposed informative note an agreed definition of the diplomatic unity which that co-operation implies and to which four of His Majesty's Governments desire reference to be made. It is suggested that the third sentence of paragraph 2 of the proposed note appended to the despatch of His Majesty's Government in the United Kingdom under reply should read as follows: 'The arrangements proposed would not denote any departure from the principle of diplomatic unity of the British Commonwealth of Nations, that is to say, the principle of consultative co-operation amongst all His Majesty's Representatives in matters of their common concern'. The adoption of this suggestion would involve the deletion from paragraph 2 of the last sentence thereof as the co-operation referred to in the proposed amended form of the third sentence presupposes and involves amongst the Ministers of the various member-States represented at a given foreign capital constant contact with each other and frequent consultation in matters of common concern.

With regard to paragraph 3 of the proposed note referred to, His Majesty's Government in the Irish Free State feel that the reference therein contained to His Majesty's Government in the United Kingdom of Great Britain and Northern Ireland is wholly unnecessary. They would suggest that the proposed note should, in lieu of paragraph 3, contain the ultimate paragraph of the draft note appended to my Confidential despatch of the 31st December, 1928.

5. His Majesty's Government in the Irish Free State deeply appreciate the sincerity of the efforts of His Majesty's Government in the United Kingdom to meet in this whole matter the views of His Majesty's Governments in the other member States of the Commonwealth. They feel that the divergencies of view which have manifested themselves raise no difficulty of principle which may not readily be composed by reference to the declarations of the Imperial Conference of 1926, the conclusions on which those declarations are founded and the conclusions which they found. His Majesty's Government in the Irish Free State are convinced of the necessity for adherence to the principles contained in those conclusions and are deeply hopeful of the results which a consistent and careful application in practice of those principles to every aspect of the Commonwealth life will secure for the conservation of the Commonwealth organisation itself and the success of its beneficent endeavours for the peace and progress of the nations of the world.