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Republic of Ireland–United Kingdom border

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Through European Union, Anglo-Irish Treaty and League of Nations

Border markings are inconspicuous, in common with many inter-state borders in the European Union. As the two states share a Common Travel Area and (as of 2021) Northern Ireland (the only exception within the UK and only in some respects) and the Republic of Ireland are participants in the European Single Market, the border is essentially an open one, allowing free passage of people since 1923 and of goods since 1993. There are about 270 public roads that cross the border. Following the United Kingdom's exit from the European Union, this border is also the frontier between the EU and a non-member country. The Brexit withdrawal agreement commits all involved parties to maintaining an open border in Ireland, so that (in many respects) the trade frontier is the Irish Sea between the two islands. This de facto division of the United Kingdom is described, especially by Unionists, as "the Irish Sea border".

Establishment

Originally intended as an internal boundary within the United Kingdom of Great Britain and Ireland, the border was created in 1921 under the United Kingdom Parliament's Government of Ireland Act 1920. Prior to this, a separatist Irish parliament had been established in Dublin, which did not recognise the Government of Ireland Act, and was actively engaged in the Irish War of Independence. The Act was intended to deliver Home Rule in Ireland, with separate parliaments for Southern Ireland (which included three of the nine counties of Ulster) and Northern Ireland. Six of the thirty-two counties of Ireland were assigned to Northern Ireland, and the rest of Ireland comprising 26 counties to Southern Ireland.

The conclusion of the Irish War of Independence, and the subsequent signing of the Anglo-Irish Treaty, led to the creation of the Irish Free State – a dominion established for the whole island of Ireland on 6 December 1922. The border became an international frontier after the Parliament of Northern Ireland exercised its right to opt out of the Free State on 7 December 1922. The partition of 1921 created only a provisional boundary; a Boundary Commission met in 1924–25 to fix a permanent border between the two jurisdictions "in accordance with the wishes of the inhabitants, so far as may be compatible with economic and geographic conditions". The manner in which the Boundary Commission clause was drafted in the Anglo-Irish Treaty was only explicit in its ambiguity. Amongst politicians in Southern Ireland, there was remarkably little attention paid to the clause during the debates on the Treaty. The Republican activist Seán MacEntee was a "lone voice" in warning that the commission would involve an exercise "in transferring from the jurisdiction of the Government of Northern Ireland certain people and certain districts which that Government cannot govern; and by giving instead to Northern Ireland, certain other districts—unionist districts of Counties Monaghan, Cavan and Donegal, so that not only under this Treaty are we going to partition Ireland, not only are we going to partition Ulster, but we are going to partition even the counties of Ulster."

The commission recommended parcels of land be transferred in both directions, primarily "in accordance with the wishes of the inhabitants". The data was partially leaked to the press in 1925. Westminster urged the commissioners to suppress the rest of the document, and so no exchanges of land ultimately took place. The full report was not published until 1969- which did eventually confirm the accuracy of the earlier leak. The interim boundary was formalised in December 1925 by an inter-government agreement that was ratified by the three parliaments in London, Dublin and Belfast, without changes from the 1920 demarcation lines. The border agreement was then lodged with the League of Nations on 8 February 1926, making it a matter of international law.

The Irish Free State was renamed Ireland (Irish: Éire) by the 1937 constitution, and the Republic of Ireland Act 1948 formally declared that the state was a republic with the official description Republic of Ireland while not changing its name, which remains Ireland.

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