Republic of Ireland Act 1948 - Background

Background

The Act repealed the External Relations Act, 1936. Under that Act, King George VI as 'King of Ireland' (a king shared with the United Kingdom and other Dominions of the Commonwealth) acted as the Irish head of state in international relations. He accredited ambassadors and on the State's behalf accepted credentials appointing foreign ambassadors to the State. The Republic of Ireland Act removed this role (the last remaining role) from the King and vested it instead in the President of Ireland, making the then President of Ireland, Seán T. O'Kelly, unambiguously the Irish head of state.

In 1945, when asked if he planned to declare a Republic, the then Taoiseach Éamon de Valera had replied, "we are a republic", having refused to say so before for eight years. He also insisted that Ireland had no king, but simply used an external king as an organ in international affairs. However, that was not the view of constitutional lawyers including de Valera's Attorneys-General, whose disagreement with de Valera's interpretation only came to light when the state papers from the 1930s and 1940s were released to historians. Nor was it the view in the international arena, who believed that Ireland did have a king, George VI who had been proclaimed King of Ireland in December 1936, and to whom they accredited ambassadors to Ireland. King George, in turn, as "King of Ireland" accredited all Irish diplomats. All treaties signed by the Irish Taoiseach or Minister for External Affairs were signed in the name of King George.

In 1947, de Valera's new Attorney-General, began drafting a bill to grant to the President the powers in international affairs possessed by the King. Part of the debate in government revolved around whether a republic should be declared in the bill. The very existence of the debate is evidence that de Valera's latest attorney-general and part of his cabinet, maybe even de Valera himself, did not agree with de Valera's statement in 1945 that the Irish state was already a republic. In the end, the draft bill was never submitted to the Oireachtas for approval. Whether that is because it was simply abandoned or because de Valera planned to introduce it after the 1948 general election (which he unexpectedly lost) is unclear.