This slides reexplore the discussions and outcome surrounding Ireland’s Commonwealth exit in 1948-49 in light of the those which surrounded the UK-EU negotiations vis-à-vis Brexit. In each case it may be argued that a reluctant Member hastily committed to an exit which critics argued put a range of links, especially as regards trade and citizenship, at risk. Nevertheless, Ireland was more akin to a semi-detached Associate as opposed to a full Commonwealth Member at the time of its final exit in the late 1940s and had thereby already taken a number of steps to protect its position. Compared to Brexit, Ireland’s Commonwealth exit was also more concerned with symbolism as opposed to practical change. These factors, as well as decentralisation in the Commonwealth itself and significant support for Ireland from Commonwealth Members with large Irish diaspora populations, limited the trade-offs associated with exit in the Irish case. Nevertheless, similarly to Brexit, the remaining Members were keen safeguard their existing legal obligations, ensure the continuing cohesion of the group and protect their own interests. Costs to the departing Member remained evident. In the case of Ireland, this was apparent in terms of a tightening of links between Northern Ireland and Great Britain, a requirement to commit to more secure and broader reciprocal migration ties and exclusion from full participation in the institutions which shaped the Sterling and Commonwealth Preference Areas which it continued to be a part. Whilst far from a doppleganger, Ireland’s exit can, at least at the time of secession itself, usefully be seen as the Brexit Isles’ alter ego. For the accompanying full Working Paper see https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4437102
The Brexit Isles Alter Ego? Revisiting Ireland's Commonwealth Exit 1948-49
1. He
The Brexit Isles’ Alter Ego?
Revisiting Ireland’s Commonwealth Exit 1948-49
David Erdos
University of Cambridge
2. Outline of Talk
Overview of Events in 1948-49
(Main) Similarities between the Irish Exit and Brexit
(Main) Divergences between the Irish Exit and Brexit
Conclusions
3. Eire External Relations Act (ERA) 1936
3.—(1) It is hereby declared and enacted that, so long as Saorstát Eireann
[the Irish Free State] is associated with the following nations, that is to say,
Australia, Canada, Great Britain, New Zealand, and South Africa, and so
long as the king recognised by those nations as the symbol of their co-
operation continues to act on behalf of each of those nations (on the advice
of the several Governments thereof) for the purposes of the appointment of
diplomatic and consular representatives and the conclusion of
international agreements, the king so recognised may, and is hereby
authorised to, act on behalf of Saorstát Eireann for the like purposes as and
when advised by the Executive Council so to do.
4. 1948 Chronology
September ’48: Irish PM announces ERA repeal
October ’48: Chequers Meeting (on fringes of CPMM)
November ’48: Paris Meeting (& full C/w consultation)
November ’48: UK Govt starts to explore NI dimension
December ’48: Republic of Ireland Act passed
5. 1949 Chronology
January ’49: Technical discussions (UK, IRL etc.) start
April ’49: Republic of Ireland Act (RoI Act) commenced
(India agrees new basis for C/w membership)
May-June ’49: UK adopts Ireland Act
September ’49: £ 30.5%; Ireland retains £ link
6. Future Framework: RoI Bill 2R Pledges
“We propose, as and when the Commonwealth countries grant our
citizens recognition and rights, to make Orders … giving their citizens
comparable rights … In the new [Nationality] Bill provisions will be made
to ensure that Commonwealth citizens shall be afforded rights comparable
to those afforded our citizens in the Commonwealth of Nations … Ireland
does not now, and when the Executive Authority (External Relations) Act
of 1936 is repealed, does not intended to regard their citizens as
ʻforeignersʹ or their countries as ʻforeignʹ countries”
John Costello, Taoiseach, Dáil, 24 November 1948
7. Similarities: Exiting Country at Announcement
National sovereignty central argument for Leave
PM leader of political force (Fine Gael) committed to Remain
Remain centrally based on strong Economic Rationale:
90% of exports & 55% imports with Commonwealth (mainly UK)
Tariff preferences including agreements with UK, Canada & SA
Member of Sterling Area and full parity with British Pound
Remain also stressed link with the Northern Ireland (via Crown)
8. Similarities: Exiting Country in Negotiations
Trade-off: Unbridled Autonomy Potential Advantage
(despite Irish diaspora bolstering widespread goodwill to Ireland)
Citizenship (& Tariffs) Preferences: Agree to create statutorily
secure positive rights regime open to all Commonwealth States
Multilateral Fora: Participation rights end with exit, except:
Membership of Sterling Area Statistical Committee (until 1954),
Associate status with C/w Agricultural Bureaux,
Associate status with C/w Parliamentary Association.
9. Similarities: Remaining Member Concerns
Safeguard existing legal obligations
(Most Favoured ʻForeignʼ Nation Agreements)
Maintain cohesion of remaining group
(Citizen reciprocity open to all Members)
(Limits on Irish participation rights)
Further own discrete national interests
(Rights of own citizens in Ireland)
10. Similarities: Exit NI Links Weaker/Complex
Loss of common link to the Crown
NI obtains integral constitutional guarantee (s. 1)
of being within Crown dominions & UK
NI obtains residential qualification (s. 6)
Westminster franchise in NI constituencies (s. 6)
11. Divergences: Was 1948 a Breakpoint?
Ireland 1922-32 a reluctant member (cf UK 1973-2016)
Post-1932 divide deeper but certainly not complete:
1932-36: Widespread piece change (includes citizenship)
1936-37: Constitution breaks (internal) link to C/w
(& asserts sovereignty over Northern Ireland)
1937-38: Partial accommodation via C/w Declaration &
UK-Irish Trade Agreements
1939-45: Irish neutrality & de facto (partial) suspension
1945-48: (Partial) resumption incl. re citizenship & trade
12. Divergences: C/w in 1948 comparable to EU?
Commonwealth not comparable to EU in 2023
But, although under strain, situation different in 1948:
Common constitutional link – via Crown
Citizenship – common status of British Subject
Trade – Commonwealth ʻsystemʼ of preferences
Monetary – All bar Canada in Sterling Area & coordination
Even in 1948, Commonwealth had greater flexibility but
this can add to richness of comparison e.g. on NI
13. Divergences: Irish concerns only symbolic?
Symbolism definition not always straightforward and has
practical consequence e.g. N. Ireland & and the Crown
Symbolism far from absent in Brexit (e.g. passport design)
but was more central to Irish exit
Ireland also had to confront practical trade-offs on
citizenship rights and participation in C/w fora
Was fundamental contestation on practical aspects in
Ireland, mostly clearly push to break with £ in Sept 1949
14.
15. Conclusions: A Fruitful Brexit Comparison
Commonwealth in 1948 (much) weaker than EU in 2016
but still central citizenship, trade and monetary role
Ireland in 1948 semi-detached but enmeshed in all of
the above & Commonwealth link to N. Ireland (via Crown)
Decision to secede put all this at risk and led to trade-
offs on citizenship rights, N. Ireland and fora participation