Union with Ireland Act 1800

Parliament of Great Britain
Long title	An Act for the Union of Great Britain and Ireland
Citation	39 & 40 Geo. 3 c. 67
Dates
Royal assent	2 July 1800
Commencement	1 January 1801
Other legislation
Relates to	Government of Ireland Act 1920 Irish Free State Constitution Act 1922 Irish Free State (Consequential Provisions) Act 1922 Ireland Act 1949 Northern Ireland Constitution Act 1973 Northern Ireland Act 1998
Status
Republic of Ireland	Repealed by the Statute Law Revision Act, 1983
Northern Ireland	Still in force with amendments
Revised text of statute as amended

Parliament of Ireland
Long title	An Act for the Union of Great Britain and Ireland
Citation	40 Geo. 3 c.38
Introduced by	John Toler[1]
Dates
Royal assent	1 August 1800
Commencement	1 January 1801
Repealed	24 November 1962
Other legislation
Repealed by	Statute Law Revision (Pre-Union Irish Statutes) Act, 1962
Relates to	Government of Ireland Act 1920 Irish Free State Constitution Act 1922 Constitution of Ireland Republic of Ireland Act 1948
Status
Republic of Ireland	Repealed by the Statute Law Revision (Pre-Union Irish Statutes) Act, 1962
Northern Ireland	Still in force with amendments
Revised text of statute as amended

Constitutional documents and events relevant to the status of the United Kingdom and its countries
List per year Treaty of Union 1706 Acts of Union 1707 Succession to the Crown Act 1707 1707 Septennial Act 1716 Wales and Berwick Act 1746 Constitution of Ireland (1782) 1782 Acts of Union 1800 1800 HC (Disqualifications) Act 1801 1801 Reform Act 1832 1832 Scottish Reform Act 1832 1832 Irish Reform Act 1832 1832 Judicial Committee Act 1833 1833 Judicial Committee Act 1843 1843 Judicial Committee Act 1844 1844 Representation of the People Act 1867 1867 Reform Act (Scotland) 1868 1868 Reform Act (Ireland) 1868 1868 Irish Church Act 1869 Royal Titles Act 1876 1876 Appellate Jurisdiction Act 1876 Reform Act 1884 1884 Interpretation Act 1889 1889 Parliament Act 1911 Aliens Restriction Act 1914 Status of Aliens Act 1914 1914 Government of Ireland Act 1914 1914 Welsh Church Act 1914 Royal Proclamation of 1917 1917 Representation of the People Act 1918 1918 Church of England Assembly (Powers) Act 1919 Government of Ireland Act 1920 Anglo-Irish Treaty 1921 Church of Scotland Act 1921 1921 Irish Free State (Agreement) Act 1922 Irish Free State Constitution Act 1922 Ireland (Confirm. of Agreement) Act 1925 1925 Balfour Declaration of 1926 1926 Royal and Parliamentary Titles Act 1927 Representation of the People Act 1928 1928 Eire (Confirmation of Agreement) Act 1929 1929 Statute of Westminster 1931 HM Declaration of Abdication Act 1936 1936 Regency Act 1937 1937 Regency Act 1943 1943 British Nationality Act 1948 1948 Representation of the People Act 1948 1948 Ireland Act 1949 1949 Statute of the Council of Europe 1949 Parliament Act 1949 1949 Regency Act 1953 1953 Royal Titles Act 1953 1953 European Convention on Human Rights 1953 Interpretation Act (NI) 1954 HC Disqualification Act 1957 1957 Life Peerages Act 1958 Commonwealth Immigrants Act 1962 1962 Peerage Act 1963 Royal Assent Act 1967 Commonwealth Immigrants Act 1968 1968 Immigration Act 1971 EC Treaty of Accession 1972 NI (Temporary Provisions) Act 1972 European Communities Act 1972 Local Government Act 1972 UK joins the European Communities 1973 Local Government (Scotland) Act 1973 NI border poll 1973 NI Constitution Act 1973 House of Commons Disqualification Act 1975 Referendum Act 1975 EC membership referendum 1975 Interpretation Act 1978 Scotland Act 1978 1978 Wales Act 1978 1978 Scottish devolution referendum 1979 Welsh devolution referendum 1979 British Nationality Act 1981 Representation of the People Act 1983 1983 Representation of the People Act 1985 1985 Single European Act 1985 Maastricht Treaty 1993 Local Government (Wales) Act 1994 Local Government etc. (Scotland) Act 1994 Referendums (Scotland & Wales) Act 1997 Scottish devolution referendum 1997 Welsh devolution referendum 1997 Good Friday Agreement 1998 Northern Ireland Act 1998 Government of Wales Act 1998 Human Rights Act 1998 Scotland Act 1998 House of Lords Act 1999 Representation of the People Act 2000 2000 Parties, Elections and Referendums Act 2000 Constitutional Reform Act 2005 Government of Wales Act 2006 2006 Northern Ireland Act 2009 2009 Lisbon Treaty 2009 Constitutional Reform and Governance Act 2010 Parl. Voting System and Constituencies Act 2011 Welsh devolution referendum 2011 Alternative Vote referendum 2011 European Union Act 2011 2011 Fixed-term Parliaments Act 2011 Scotland Act 2012 2012 Succession to the Crown Act 2013 2013 Scottish independence referendum 2014 House of Lords Reform Act 2014 Wales Act 2014 2014 HL (Expulsion and Suspension) Act 2015 Recall of MPs Act 2015 European Union Referendum Act 2015 EU membership referendum 2016 Scotland Act 2016 2016 Wales Act 2017 2017 EU (Notification of Withdrawal) Act 2017 Invocation of Article 50 2017 European Union (Withdrawal) Act 2018 EU Withdrawal Act 2019 2019 EU Withdrawal (No. 2) Act 2019 Early Parliamentary General Election Act 2019 EU (Withdrawal Agreement) Act 2020 UK leaves the European Union 2020 EU (Future Relationship) Act 2020 Dissolution and Calling of Parliament Act 2022

The Acts of Union 1800 were parallel acts of the Parliament of Great Britain and the Parliament of Ireland which united the Kingdom of Great Britain and the Kingdom of Ireland (previously in personal union) to create the United Kingdom of Great Britain and Ireland. The acts came into force on 1 January 1801, and the merged Parliament of the United Kingdom had its first meeting on 22 January 1801.

Both acts remain in force, with amendments and some Articles repealed, in the United Kingdom,^[2] but have been repealed in their entirety in the Republic of Ireland^[3] to whatever extent they might have been law in the new nation at all.

Name

Two acts were passed in 1800 with the same long title: An Act for the Union of Great Britain and Ireland. The short title of the act of the British Parliament is Union with Ireland Act 1800, assigned by the Short Titles Act 1896. The short title of the act of the Irish Parliament is Act of Union (Ireland) 1800, assigned by a 1951 act of the Parliament of Northern Ireland, and hence not effective in the Republic of Ireland, where it was referred to by its long title when repealed in 1962.

Background

Before these Acts, Ireland had been in personal union with England since 1542, when the Irish Parliament had passed the Crown of Ireland Act 1542, proclaiming King Henry VIII of England to be King of Ireland. Since the 12th century, the King of England had been technical overlord of the Lordship of Ireland, a papal possession. Both the Kingdoms of Ireland and England later came into personal union with that of Scotland upon the Union of the Crowns in 1603.

In 1707, the Kingdom of England and the Kingdom of Scotland were united into a single kingdom: the Kingdom of Great Britain. Upon that union, each House of the Parliament of Ireland passed a congratulatory address to Queen Anne, praying that, "May God put it in your royal heart to add greater strength and lustre to your crown, by a still more comprehensive Union".^[4] The Irish Parliament was both before then subject to certain restrictions that made it subordinate to the Parliament of England and after then, to the Parliament of Great Britain; however, Ireland gained effective legislative independence from Great Britain through the Constitution of 1782.

By this time access to institutional power in Ireland was restricted to a small minority: the Anglo-Irish of the Protestant Ascendancy. Frustration at the lack of reform among the Catholic majority eventually led, along with other reasons, to a rebellion in 1798, involving a French invasion of Ireland and the seeking of complete independence from Great Britain. This rebellion was crushed with much bloodshed, and the motion for union was motivated at least in part by the belief that the rebellion was exacerbated as much by brutally reactionary loyalists as by United Irishmen (anti-unionists).

Furthermore, Catholic emancipation was being discussed in Great Britain, and fears that a newly enfranchised Catholic majority would drastically change the character of the Irish government and parliament also contributed to a desire from London to merge the Parliaments.

According to historian James Stafford, an Enlightenment critique of Empire in Ireland laid the intellectual foundations for the Acts of Union. He writes that Enlightenment thinkers connected "the exclusion of the Irish Kingdom from free participation in imperial and European trade with the exclusion of its Catholic subjects, under the terms of the 'Penal Laws', from the benefits of property and political representation." These critiques were used to justify a parliamentary union between Britain and Ireland.^[5]

Name	Flag	Population	Population (%)	Area (km2)	Area (%)	Pop. density (per km2)
Kingdom of Great Britain		10,500,000	65%	230,977	73%	45.46
Kingdom of Ireland		5,500,000	35%	84,421	27%	65.15
United Kingdom of Great Britain and Ireland		16,000,000	100%	315,093	100%	50.78

Passage

Complementary acts were enacted by the Parliament of Great Britain and the Parliament of Ireland.

The Parliament of Ireland had recently gained a large measure of legislative independence under the Constitution of 1782. Many members of the Irish Parliament jealously guarded that autonomy (notably Henry Grattan), and a motion for union was legally rejected in 1799. Only Anglicans were permitted to become members of the Parliament of Ireland though the great majority of the Irish population were Roman Catholic, with many Presbyterians in Ulster. Under the Roman Catholic Relief Act 1793, Roman Catholics regained the right to vote if they owned or rented property worth £2 annually. Wealthy Catholics were strongly in favour of union in the hope for rapid religious emancipation and the right to sit as MPs, which would only come to pass under the Roman Catholic Relief Act 1829.

From the perspective of Great Britain's elites, the union was desirable because of the uncertainty that followed the French Revolution of 1789 and the Irish Rebellion of 1798. If Ireland adopted Catholic emancipation willingly or not, a Roman Catholic Parliament could break away from Britain and ally with the French, but the same measure within the United Kingdom would exclude that possibility. Also, in creating a regency during King George III's "madness", the Irish and British Parliaments gave the Prince Regent different powers. These considerations led Great Britain to decide to attempt the merger of both kingdoms and Parliaments.

The final passage of the Act in the Irish Commons turned on an about 16% relative majority, garnering 58% of the votes, and similar in the Irish Lords, in part per contemporary accounts through bribery with the awarding of peerages and honours to critics to get votes.^[6] The first attempt had been defeated in the Irish House of Commons by 109 votes to 104, but the second vote in 1800 passed by 158 to 115.^[6]

Provisions

The Acts of Union were two complementary Acts, namely:

• The Union with Ireland Act 1800 (39 & 40 Geo. 3 c. 67),^[7] an Act of the Parliament of Great Britain, and
• The Act of Union (Ireland) 1800 (40 Geo. 3 c. 38),^[8] an Act of the Parliament of Ireland.

They were passed on 2 July 1800 and 1 August 1800 respectively, and came into force on 1 January 1801. They ratified eight articles which had been previously agreed by the British and Irish parliaments:

• Articles I–IV dealt with the political aspects of the Union. It created a united parliament.
  • In the House of Lords, the existing members of the Parliament of Great Britain were joined by, as Lords Spiritual, four bishops of the Church of Ireland, rotating among the dioceses in each session and as Lords Temporal 28 representative peers elected for life by the Peerage of Ireland.
  • The House of Commons was to include the pre-union representation from Great Britain and 100 members from Ireland.

See also: List of United Kingdom parliamentary constituencies in Ireland 1801–1885

• Article V united the established Church of England and Church of Ireland into "one Protestant Episcopal Church, to be called, The United Church of England and Ireland"; but also confirmed the independence of the Church of Scotland.
• Article VI created a customs union, with the exception that customs duties on certain British and Irish goods passing between the two countries would remain for 10 years (a consequence of having trade depressed by the ongoing war with revolutionary France). The High Court of Northern Ireland ruled that parts of this Article as it applied to the UK were "impliedly repealed" by the passage of the European Union (Withdrawal) Act 2020.^[9] This decision was upheld on appeal by the Supreme Court of the United Kingdom.^[10][11]
• Article VII stated that Ireland would have to contribute two-seventeenths towards the expenditure of the United Kingdom. The figure was a ratio of Irish to British foreign trade.
• Article VIII formalised the legal and judicial aspects of the Union.

Part of the appeal of the Union for many Irish Catholics was the promise of Catholic emancipation, allowing Roman Catholic MPs, who had not been permitted to sit in the Irish Parliament, to sit in the United Kingdom Parliament. This was however blocked by King George III who argued that emancipating Roman Catholics would breach his Coronation Oath, and was not realised until the Roman Catholic Relief Act 1829.

The traditionally separate Irish Army, which had been funded by the Irish Parliament, was merged into the larger British Army.

Flags and styles

Change in the Union Flag

Earlier Flag of Great Britain,
prior to the union with Ireland

The second Union Flag,
incorporating the Irish Saint Patrick's Saltire

The Union Flag, created as a consequence of the union of the Kingdom of Great Britain and Ireland in 1800, still remains the flag of the United Kingdom. Called the Union Flag, it combined the flags of St George's Cross (which was deemed to include Wales) and the St Andrew's Saltire of Scotland with the St Patrick's Saltire to represent Ireland.

At the same time, a new Royal Title was adopted ('GEORGE the THIRD by the Grace of God of the United Kingdom of Great Britain and Ireland King, Defender of the Faith'), and a new shield of arms.^[12] In adopting these, the moribund English claims to the French throne were not continued: the title 'King of France' was abandoned and the fleur-de-lis were removed from the Royal Standard of the United Kingdom for the first time since the Middle Ages.

Sources and citations