Irish Nationality and Citizenship Act, 1935

Mutual citizenship rights between Saorstát Eireann and other countries.

23.—(1) Whenever a convention made, whether before or after the passing of this Act, between Saorstát Eireann and any other country or between the Government of Saorstát Eireann and the Government of any other country provides for the enjoyment in such other country (either absolutely or subject to compliance with conditions) by citizens of Saorstát Eireann of all or any of the rights and privileges of citizens of such other country and for the enjoyment in Saorstát Eireann (either absolutely or subject to such compliance as aforesaid) by citizens of such other country of all or any of the rights and privileges of citizens of Saorstát Eireann, then and in every such case citizens of such other country shall, so long as such convention continues in force, enjoy in Saorstát Eireann, in accordance with and subject to the terms of such convention, such of the rights and privileges of citizens of Saorstát Eireann as are secured to them in that behalf by such convention.

(2) Whenever the Executive Council is satisfied that, by virtue of the law for the time being in force in any country, citizens of Saorstát Eireann enjoy in such country (either absolutely or subject to compliance with conditions) all or any of the rights and privileges of citizens of such country, the Executive Council may by order declare that citizens of such country shall enjoy in Saorstát Eireann such rights and privileges (similar to those so conferred by such law on citizens of Saorstát Eireann in such country) as shall be specified in such order, but subject to compliance with such (if any) conditions (similar to the conditions (if any) imposed by such law) as shall be specified in such order.

(3) So long as an order made by the Executive Council under the next preceding sub-section of this section remains in force, citizens of the country to which such order relates shall enjoy in Saorstát Eireann in accordance with such order the rights and privileges specified in that behalf in such order but subject to compliance with the conditions (if any) specified in such order.

(4) The Executive Council may at any time by order amend or revoke any order previously made by them under this section.

(5) Nothing in this section or any order made under this section shall operate—

(a) to confer on any person any right or privilege which is conferred by any Act of the Oireachtas (whether passed before or after this Act) on any class or group of persons, whether defined as citizens or as nationals of Saorstát Eireann or in any other manner whatsoever of which such person is, at the relevant time, not a member, or

(b) to confer any right or privilege on any woman who is the wife of a citizen of Saorstát Eireann and did not, on account of her marriage to such citizen, become a citizen of Saorstát Eireann and was not, immediately before such marriage, a citizen of Saorstát Eireann or of any of the other countries to which this section relates, or

(c) to entitle any person to become or be the owner of a ship or of a share in a ship registered in Saorstát Eireann and having the status of a ship registered under the Merchant Shipping Act, 1894, unless such person is a citizen of a country between which and Saorstát Eireann or between the Government of which and the Government of Saorstát Eireann a convention exists and is in force by virtue of which citizens of such country are entitled to own any such ship or a share in any such ship as aforesaid.

(6) Every order made by the Executive Council under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution is passed by either House of the Oireachtas within the next subsequent twenty-one days on which such House has sat after the order is laid before it annulling such order, such order shall be annulled accordingly, but without prejudice to the validity of anything previously done under such order.