Eire (Confirmation of Agreements) Act 1938

JurisdictionUK Non-devolved


Eire (Confirmation of Agreements) Act, 1938

(1 & 2 Geo. 6.) CHAPTER 25.

An Act to confirm and give effect to certain agreements as to the relations between the United Kingdom and Eire.

[17th May 1938]

W HEREAS the agreements set forth in the First Schedule to this Act have, subject to Parliamentary confirmation, been entered into with a view to the promotion of relations of friendship and good understanding between the United Kingdom and Eire, to the making of a final settlement of all outstanding financial claims of the Governments of those countries against each other, and to the facilitating of trade and commerce between the two countries:

And whereas it is expedient to confirm the said agreements and to make provision for the purpose of giving effect thereto:

Be it therefore enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 Meaning of term ‘Eire’.

1 Meaning of term ‘Eire’.

1. The territory which, in accordance with the provisions of the Irish Free State (Agreement) Act, 1922,and the Irish Free State Constitution Act, 1922,(Session 2) was required to be styled and known as the Irish Free State shall be styled and known as Eire, and accordingly, references in any enactment to the Irish Free State shall be construed as references to Eire.

S-2 Confirmation of agreements andprovisions for giving effect thereto.

2 Confirmation of agreements andprovisions for giving effect thereto.

(1) The Agreements set forth in the First Schedule to this Act (hereinafter referred to respectively as ‘the Agreement regarding Articles 6 and 7 of the Articles of Agreement of December 6, 1921’, ‘the Financial Agreement’, and ‘the Trade Agreement’) are hereby confirmed.

(2) With a view to the fulfilment of the Agreement regarding Articles 6 and 7 of the Articles of Agreement of December 6, 1921, Articles 6 and 7 of the Articles of Agreement for a Treaty between Great Britain and Ireland set forth in the Schedule to the Irish Free State (Agreement) Act, 1922, and in the Second Schedule to the Irish Free State Constitution Act, 1922 (Session 2), and the Annex to the said Articles of Agreement shall cease to have effect.

(3) With a view to the fulfilment of the Financial Agreement, the following provisions shall have effect—

(a ) the sum payable in accordance with the provisions of Article 1 of the said agreement shall, as and when received, be paid into the Exchequer;

(b ) on such day as the Treasury may certify to be the day on which the said sum, or the final instalment thereof, has been paid into the Exchequer (hereinafter referred to as ‘the certified date’) there shall be paid out of the Consolidated Fund of the United Kingdom or the growing produce thereof to the National Debt Commissioners a sum equal to the aggregate of all sums lent by them to the Treasury under subsection (2) of section four of the Railways (Ireland) Act, 1896 , and not repaid before the commencement of this Act together with interest due thereon up to the date of payment;

(c ) as from the certified date section four of the Public Works Loans Act, 1927 , shall be hereby repealed, and on that date the sum of three million seven hundred and fifty thousand pounds shall be paid out of the Consolidated Fund of the United Kingdom or the growing produce thereof to the National Debt Commissioners and shall be accepted by them in final settlement of all claims under that section against the Government of Eire in respect of local loans;

(d ) a sum equal to the amount by which the sum payable in accordance with the provisions of Article 1 of the said agreement exceeds the aggregate of the sums paid under the last two foregoing paragraphs shall be paid out of the Consolidated Fund of the United Kingdom or the growing produce thereof at such times after the certified date as the Treasury may direct and applied in redeeming or paying off debt of such description as the Treasury think fit;

(e ) there shall be charged on and paid out of the Consolidated Fund of the United Kingdom or the growing produce thereof into the Irish Land Purchase fund or account, or other appropriate fund or account, such sums as the National Debt Commissioners may certify to be necessary for defraying all payments specified in the Second Schedule to this Act which become payable out of that fund or account on or after the certified date in respect of land situate in Eire;

(f ) as from such day as the Treasury may by order declare to be the day on which the Trade Agreement comes into force, the Irish Free State (Special Duties) Act, 1932 , shall be hereby repealed.

(4) With a view to the fulfilment of the Trade Agreement, the Ottawa Agreements Act, 1932 , and any other enactment relating to customs which amends or relates to that Act, shall, as from such day as the Treasury may by order declare to be the day on which it has been mutually agreed under Article 19 of the said agreement that that agreement shall come into force, have effect as if the said agreement were included among the agreements scheduled to the said Act of 1932 and, as from that day, subsection (3) of section two of that Act shall be hereby repealed.

S-3 Consequential provisions.

3 Consequential provisions.

(1) His Majesty may, by Order in Council, make such adaptations of any enactments as appear to him necessary or proper for the purpose of giving effect to the provisions of paragraphs (b ) and (e ) of subsection (3) of the last foregoing section.

(2) The National Debt Commissioners shall credit the sum mentioned in paragraph (c ) of subsection (3) of the last foregoing section to the capital account and the income account respectively of the Local Loans Fund in such proportions as they may, with the consent of the Treasury, determine, and shall, subject to the like consent, adjust the capital account of the said Fund accordingly.

(3) The power of the Ministers under Part II of the Livestock Industry Act, 1937 , to make orders for ensuring the due making of subsidy payments under that Act shall include power to make orders regulating the times and places at which cattle may be imported from Eire into the United Kingdom and making provision as to the routes to be followed by cattle so imported and as to their detention for inspection; and any such order may contain such provisions as appear to the Ministers necessary for securing the due operation and enforcement of the order and may provide for the payment into the Cattle Fund established under the Cattle Industry (Emergency Provisions) Act, 1934 , of sums realised on the sale of any cattle forfeited under such provisions.

(4) In the event of the Government of the United Kingdom becoming entitled in accordance with Article 4 of the Trade Agreement to regulate imports of eggs or poultry from Eire, the Board of Trade may by order regulate the importation into the United Kingdom of eggs or poultry imported from Eire or exported from Eire to any other country and thence brought into the United Kingdom, and may by any such order make as to eggs or poultry any provision which might be made as to livestock or meat by an order made by the Board under section eleven of the Livestock Industry Act, 1937; and in the event of the Government of the United Kingdom becoming entitled in accordance with the said Article 4 to impose duties on eggs or poultry from Eire, duties of customs on eggs or poultry so imported or brought as aforesaid may be imposed by order of the Treasury; and any order made under this subsection may be varied or revoked by a subsequent order made in like manner:

Provided that the provisions of section ten of the Ottawa Agreements Act, 1932 (which require Parliamentary approval in the case of orders made under that Act) shall apply to orders made by the Board of Trade and to orders made by the Treasury, respectively, under this subsection as those provisions apply to orders so made under that Act, and subsection (1) of section twelve of that Act shall apply to orders made by the Board of Trade under this subsection.

S-4 Short title.

4 Short title.

4. This Act may be cited as theEire (Confirmation of Agreements) Act, 1938.

S C H E D U L E S.

FIRST SCHEDULE.

Agreements between the Government of the United Kingdom and the Government of Eire.

The Government of the United Kingdom and the Government of Eire, being desirous of promoting relations of friendship and good understanding between the two countries, of reaching a final settlement of all outstanding financial claims of either of the two Governments against the other, and of facilitating trade and commerce between the two countries, have, subject to Parliamentary confirmation, entered into the Agreements hereinafter set forth:—

AN AGREEMENT REGARDING ARTICLES 6 AND 7 OF THE ARTICLES OF AGREEMENT OF DECEMBER 6, 1921.

The Government of the United Kingdom and the Government of Eire have agreed as follows:—

SCH-1.1

1. The provisions of Articles 6 and 7 of the Articles of Agreement for a Treaty between Great Britain and Ireland signed on the 6th day of December, 1921, and of the Annex thereto shall cease to have effect.

SCH-1.2

2. Thereafter the Government of the United Kingdom will transfer to the Government of Eire the Admiralty property and rights at Berehaven, and the harbour defences at Berehaven, Cobh (Queenstown) and Lough Swilly now occupied by care and maintenance parties furnished by the United Kingdom, together with buildings, magazines, emplacements, instruments and fixed armaments with ammunition therefor at present at the said ports.

SCH-1.3

3. The transfer will take place not later than the 31st December, 1938. In the meantime the detailed arrangements for the transfer will be the subject of discussion between the two Governments.

Done in duplicate at London, this 25th day of April, 1938.

...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT