Northern Ireland's violent history explained - BBC Newsbeat
On the border between Northern Ireland and the Republic, she wrote: "We must pay attention to the UK's unique relationship with the Republic of Ireland and the . They're two different countries for a start - the Republic of Ireland is a sovereign country, Northern Ireland is a part of a larger state - the UK. They use different. its future relationship with the EU. The Republic of Ireland would be unable to play a significant role in these negotiations since the resulting agreement between.
That whilst refusing to admit the right of any part of Ireland to be excluded from the supreme authority of the Parliament of Ireland, or that the relations between the Parliament of Ireland and any subordinate legislature in Ireland can be a matter for treaty with a Government outside Ireland, nevertheless, in sincere regard for internal peace, and in order to make manifest our desire not to bring force or coercion to bear upon any substantial part of the province of Ulster, whose inhabitants may now be unwilling to accept the national authority, we are prepared to grant to that portion of Ulster which is defined as Northern Ireland in the British Government of Ireland Act ofprivileges and safeguards not less substantial than those provided for in the 'Articles of Agreement for a Treaty' between Great Britain and Ireland signed in London on 6 December Essentially, those who put down the amendments wished to bring forward the month during which Northern Ireland could exercise its right to opt out of the Irish Free State.
They justified this view on the basis that if Northern Ireland could exercise its option to opt out at an earlier date, this would help to settle any state of anxiety or trouble on the new Irish border.
Speaking in the House of Lordsthe Marquess of Salisbury argued: Surely the Government will not refuse to make a concession which will do something No doubt the Free State will not be allowed, under the provisions of the Act, to exercise authority in Ulster; but, technically, Ulster will be part of the Free State Nothing will do more to intensify the feeling in Ulster than that she should be placed, even temporarily, under the Free State which she abominates.
Besides that there is the unrest in Ulster as a whole and the special unrest in the area which is to be the subject of delimitation I need not remind your Lordships that the area in doubt, although according to His Majesty's Government it is small, is, in the opinion of the leaders of the Free State, a very large area.
They did not wish to say that Ulster should have no opportunity of looking at entire Constitution of the Free State after it had been drawn up before she must decide whether she would or would not contract out.
Viscount Peel continued by saying the government desired that there should be no ambiguity and would to add a proviso to the Irish Free State Agreement Bill providing that the Ulster Month should run from the passing of the Act establishing the Irish Free State.
He further explained that the members of the Parliament of Southern Ireland had agreed to put that interpretation upon it. He noted that he had received from Arthur Griffith the following letter dated 20 March Lord Birkenhead remarked in the Lords debate: No division or vote was requested on the address, which was described as the Constitution Act and was then approved by the Senate of Northern Ireland.
Things did not remain static during that gap. In Apriljust four months after independence, the Irish Free State established customs barriers on the border. This was a significant step in consolidating the border: While its final position was sidelined, its functional dimension was actually being underscored by the Free State with its imposition of a customs barrier from April Boundary Commission —25[ edit ] Main article: Irish Boundary Commission The Anglo-Irish Treaty contained a provision that would establish a boundary commission, which could adjust the border as drawn up in Most leaders in the Free State, both pro- and anti-treaty, assumed that the commission would award largely nationalist areas such as County FermanaghCounty TyroneSouth LondonderrySouth Armagh and South Downand the City of Derry to the Free State, and that the remnant of Northern Ireland would not be economically viable and would eventually opt for union with the rest of the island as well.
In the event, the commission's decision was made for it by the inter-governmental agreement of 3 December that was published later that day by Stanley Baldwin. Section 1 2 of the Government of Ireland Act defined the respective territories of Northern Ireland and Southern Ireland as follows: Northern Ireland shall consist of the parliamentary counties of Antrim, Armagh, Down, Fermanagh, Londonderry and Tyrone, and the parliamentary boroughs of Belfast and Londonderry, and Southern Ireland shall consist of so much of Ireland as is not comprised within the said parliamentary counties and boroughs.
Perhaps because of this, the Act did not explicitly address the position of territorial waters, although section 11 4 provided that neither Southern Ireland nor Northern Ireland would have any competence to make laws in respect of "lighthouses, buoys, or beacons except so far as they can consistently with any general Act of the Parliament of the United Kingdom be constructed or maintained by a local harbour authority ".
When the territory that was Southern Ireland became a separate self-governing dominion outside the United Kingdom known as the Irish Free Statethe status of the territorial waters naturally took on a significance it had not had before. The Northern Ireland Unionists were conscious of this matter from an early stage. They were keen to put it beyond doubt that the territorial waters around Northern Ireland would not belong to the Irish Free State.
Under the Act ofthe areas handed over to the Governments of Northern Ireland and Southern Ireland respectively, were defined as the six Parliamentary counties of Northern Ireland and the twenty-six Parliamentary counties of Southern Ireland.
I understand there is considerable doubt in the minds of lawyers and others as to whether these Parliamentary counties carry with them the ordinary territorial waters, extending three miles out from the shore. It has been asserted in some quarters that the Parliamentary counties only extend to low water mark. That has been exercising the minds of a good many people in Ulster, and I shall be glad if the Government in due course will inform the House what is their opinion on the subject and what steps they are taking to make it clear Am I to understand that the Law Officers have actually considered this question, and that they have given a decision in favour of the theory that the territorial waters go with the counties that were included in the six counties of Northern Ireland?
In response the Attorney General, Sir Douglas Hogg said that "I have considered the question, and I have given an opinion that that is so [i. A court case in the Free State in relating to fishing rights in Lough Foyle held that the Free State's territorial waters ran right up to the shore of County Londonderry.
Partition of Ireland
It occurred to me that I should drop you a line lest the question of territorial jurisdiction as regards water might be lost sight of. You will remember the point that was made that Northern Ireland consists of certain parliamentary counties and that the Free State consists of the rest of Ireland, so defined by the Government of Ireland Act, ; and you will remember that we have always contended that this definition gave us the whole sea shore surrounding the country, together with loughs upon which both Northern Ireland and ourselves abutted.
As far as I could make out — but I never could get anything definite upon it — this view was held in London in the early period ofand was taken, I believe, by the first Law Officers who dealt with our business. Subsequently I was told, but only by hints, that later law officers had given a definite opinion the other way. I know that the Parliamentary Draftsmen were very shaky on the question and nervous about it until they got the later opinion.
Should it not be made clear at the Boundary Commission that we claim to have already in the Free State the whole of Ireland except the territory represented by the parliamentary areas of the Six Counties? The attempt to capture Lough Foyle would be very serious. Craig indicated to Cosgrave that he proposed to introduce a Bill giving the Royal Ulster Constabulary powers to stop and search vessels on Lough Foyle.
Cosgrave asserted all of Lough Foyle was Free State territory and that as such a Bill of that nature would be rejected by the Free State and its introduction would create "a very serious situation".
The Vice-President for the Minister for External Affairsresponding, noted that there had been correspondence between the two Governments in recent years. He summarised the position as currently being that: The matter, therefore, now stands as follows. But we decline to accept either of the conditions which the British Government seek to impose as a condition precedent to those arrangements.
However, escorting those convoys raised a problem: There was one obvious location: My inclination is to make no communication on the subject to the Eire Government, to wait on events and to let them know when and if use on large scale is intended.
So far as naval use is concerned we appear to have [a] good case. The Royal Navy increased its use of Lough Foyle in the early months of If the border followed the median line of Lough Foyle then the channel might be in Irish waters as it "lies near to the Eire shore".
The Irish Society's view was that the whole of Lough Foyle was part of County Londonderry and accordingly the border could not be that of the median line of Lough Foyle. The Royal Navy continued to use its new base on the Foyle until The following is para 23 of the Working Party's report which speaks for itself: In Northern Ireland was defined as the six Parliamentary Counties of Antrim, Armagh, Down, Fermanagh, Londonderry and Tyrone, and the two Parliamentary Boroughs of Belfast and Londonderry, and in a Commission was appointed to delimit the boundary more precisely.
The Commission activities proved abortive. Article 2 of the Eire Constitution of provided that the national territory included the whole of the territorial seas of Ireland, and Eire spokesmen have repeatedly laid claim to the territorial waters round Northern Ireland. The Government of Northern Ireland claim that the County of Londonderry includes the whole of Lough Foyle, which lies between the Counties of Londonderry and Donegal, and the whole of the River Foyle in that stretch of it which separates the Counties of Tyrone and Donegal.
We do not believe that this claim could be sustained, and to raise the boundary issue would jeopardise the access to Londonderry, since the navigable channel in Lough Foyle hugs the Donegal shore. There is a similar risk in raising the boundary question in Carlingford Lough, where the navigable channel giving access to Newry is partly on the Northern Ireland side and partly on the Eire side of the Lough.
There is no substance in the Eire claim to the Northern Ireland territorial waters, but the Eire Government have never taken any steps to assert their alleged rights in these waters, nor is it clear what steps they could take to do so.
We accordingly recommend that no attempt should be made by the United Kingdom Government, whether by legislation or declaration, to define the boundary of Northern Ireland. Our main reason for this recommendation is that any such attempt might seriously prejudice our interests in retaining unrestricted access to Londonderry in peace and war.
Dispute simmers[ edit ] The division of the territorial waters continued to be a matter disputed between the two Governments. A good summary of the Irish position on the territorial waters issue was given by then TaoiseachMr.
This Act is so referred to in the Treaty that the Northern Ireland which withdrew from the Irish Free State is identical with the Northern Ireland defined in the Government of Ireland Act,and defined as consisting of named counties and boroughs.
It is, I think, common case between us that in English law the counties do not include adjacent territorial waters and, therefore, according to our claim these territorial waters were retained by the Irish Free State. As recently aswhen asked to list those areas of EU member states where border definition is in dispute, a British Government minister responding for the Secretary of State for Foreign and Commonwealth Affairs stated: Border definition ie the demarcation of borders between two internationally recognized sovereign states with an adjoining territorial or maritime border is politically disputed [between] Ireland [and the] UK Lough Foyle, Carlingford Lough—quiescent  Inthe territorial dispute concerning Lough Foyle was raised in a meeting of the Northern Ireland Assembly 's Committee for Enterprise Trade and Investment.
The committee was meeting to discuss Project Kelvin, a project involving the construction of a fiber optic telecommunications cable between North America and Northern Ireland. Mr Derek Bullock, an executive from Hibernia Atlantic Limited, the cable-laying company leading the project's implementation had to explain to the committee why the cable landing station was going to be located at Coleraine rather than Derry City as initially indicated. We cannot bring a cable into Lough Foyle, because the border line under the sea there is actually disputed Lough Foyle is a disputed border region, and, as I said, we cannot put submarine cables near disputed border regions.
We recognise that the Irish Government does not accept this position The handover of these ports facilitated Irish neutrality during World War II ,[ citation needed ] and made it much harder for Britain to ensure the safety of the Atlantic Conveys. Articles 2 and 3 and Names of the Irish state Ireland adopted a new constitution in This declared Ireland to be a sovereign, independent state, but did not explicitly declare Ireland to be a republic.
- Ireland–United Kingdom relations
- Northern Ireland's violent history explained
It also contained irredentist claims on Northern Ireland, stating that the "national territory [of the Irish state] consists of the whole island of Ireland" Article 2. This was measured in some way by Article 3, which stated that, "Pending the re-integration of the national territory The United Kingdom initially accepted the change in the name to Ireland. For sometime, the United Kingdom was supported by some other Commonwealth countries. However, by the mids, Ireland was the accepted diplomatic name of the Irish state.
During the Troublesthe disagreement led to request for extradition of terrorist suspects to be struck invalid by the Supreme Court of Ireland unless the name Ireland was used. Increasingly positive relations between the two states required the two states to explore imaginative work-arounds to the disagreement. For example, while the United Kingdom would not agree to refer to Mary Robinson as President of Ireland on an official visit to Queen Elizabeth II the first such visit in the two states' historythey agreed to refer to her instead as "President Robinson of Ireland".
The King had a number of symbolically important duties, including exercising the executive authority of the state, appointing the cabinet and promulgating the law. In the chaos that ensued his abdication, the Irish Free State took the opportunity to amend its constitution and remove all of the functions of the King except one: Ina new constitution was adopted which entrenched the monarch's diminished role by transferring many of the functions performed by the King until to a new office of the President of Irelandwho was declared to "take precedence over all other persons in the State".
However, the constitution did not explicitly declare that the state was a republic, nor that the President was head of state. Without explicit mention, the King continued to retain his role in external relations and the Irish Free State continued to be regarded as a member of the British Commonwealth and to be associated with the United Kingdom.
The exact constitutional status of the state during this period has been a matter of scholarly and political dispute. The state's ambiguous status ended inwhen the Republic of Ireland Act stripped the King of his role in external relations and declared that the state may be described as the Republic of Ireland.
Ireland–United Kingdom relations - Wikipedia
The decision to do so was sudden and unilateral. However, it did not result in greatly strained relations between Ireland and the United Kingdom. The question of the head of the Irish state from to was largely a matter of symbolism and had little practical significance.
The UK response was to legislate that it would not grant Northern Ireland to the Irish state without the consent of the Parliament of Northern Ireland which was unlikely to happen in unionist -majority Northern Ireland.
One practical implication of explicitly declaring the state to be a republic in was that it automatically terminated the state's membership of the British Commonwealthin accordance with the rules in operation at the time. However, despite this, the United Kingdom legislated that Irish citizens would retain similar rights to Commonwealth subjects and were not to be regarded as foreigners.