| Act of Parliament | |
 | |
| Long title | An Act to confirm and give effect to certain agreements as to the relations between the United Kingdom and Eire. |
|---|---|
| Citation | 1 & 2 Geo. 6. c. 25 |
| Dates | |
| Royal assent | 17 May 1938 |
| Other legislation | |
| Repealed by | Statute Law (Repeals) Act 1981 |
Status: Repealed | |
TheEire (Confirmation of Agreements) Act 1938[a] (1 & 2 Geo. 6. c. 25) was anAct of theParliament of the United Kingdom passed on 17 May 1938.[1] It was the British implementing measure for the1938 Anglo-Irish Agreements which were signed atLondon on 25 April 1938 by the governments ofIreland and theUnited Kingdom. There were three agreements in total: one to rescind Articles 6 and 7 of theAnglo-Irish Treaty and the transfer ofBritish Admiralty property to Ireland; a second for the settlement of outstanding financial claims against the Irish Government; and the third, an important trade agreement putting an end to an "economic war" between the two countries.
In accordance with the earlier agreements, the Act:
The Act also gave partial recognition for the purposes of domestic British law to the change of the formal name of the Irish state under the 1937Constitution of Ireland; the Irish state had formerly been known as the "Irish Free State". Under the Act the British Government decided to refer to the Irish state only as "Eire" (without the correctsíneadh fada oracute accent), and not as "Ireland" (the state's name in English under the Constitution of Ireland). This avoided any need for the British government to refer to the Irish state as "Ireland", thus side-stepping concerns over thestatus of Northern Ireland.[2] Under Section 1 of the Act, it was declared that (for the purposes of United Kingdom legislation) the territory "which was ... known as Irish Free State shall be styled as...Eire".[3]
The English-law name of the state was later changed to "Republic of Ireland" by theIreland Act 1949.[4]
The Act came into effect on 19 May 1938 pursuant to a Treasury order.[5] One of the Act's effects was to throw into doubt whether Irish citizens were still British subjects. Legal arguments were raised that as the Constitution of Ireland declared Ireland a sovereign independent state, the passing of the Act which recognised one of the Irish state’s constitutional names, also recognised its sovereignty. Notably, these arguments were raised in theMurray v Parkes case, 1942.[6]
The Act was repealed (as having been spent) under Schedule 1, Part V of theStatute Law (Repeals) Act 1981.
