History Common Travel Area

1 history

1.1 1923 agreement
1.2 1952 agreement
1.3 2008 proposal introduce immigration controls and/or identity checks between great britain , island of ireland
1.4 2011 agreement
1.5 2016 – 2017: brexit

history
1923 agreement

the irish free state seceded united kingdom in 1922 @ time when systematic passport , immigration controls becoming standard @ international frontiers. although british had imposed entry controls in past – notably during french revolution – imposition of such controls in 20th century dated aliens act 1905, before there system of registration arriving foreigners.

before creation of irish free state, british immigration law applied in ireland part of united kingdom. imminent prospect of irish independence in 1922, british home office disinclined impose passport , immigration controls between irish free state , northern ireland, have meant patrolling porous , meandering 499 km (310 mi) long land border. if, however, pre-1922 situation continued, irish immigration authorities have continue enforce british immigration policy after independence. irish department home affairs found receptive continuing status quo , informal agreement effect reached in february 1923: each side enforce other s immigration decisions , irish authorities provided copy of britain s suspect-codex (or black book ) of personae non gratae in united kingdom.

the agreement provided in uk law deeming irish free state part of united kingdom purposes of immigration law. implemented in 1925 when legislation passed in both countries provided recognition of other s landing conditions foreigners. may considered have been high point of cta – although not called @ time – amounted common immigration area. foreigner had been admitted 1 state could, unless or admission had been conditional upon not entering other state, travel other minimal bureaucratic requirements.

the cta suspended on outbreak of war in 1939, , travel restrictions introduced between islands of great britain , ireland. meant travel restrictions applied people travelling within uk if travelling northern ireland elsewhere in uk.

1952 agreement

after war, irish re-instated previous provisions allowing free movement british declined pending agreement of similar immigration policy in both countries. consequently, british maintained immigration controls between islands of ireland , great britain until 1952, consternation of northern ireland s unionist population.

no agreement on similar immigration policy publicised @ time, year after irish minister justice referred lifting of immigration controls between 2 islands matter british , british began referring cta in legislation first time. content of agreement appears foreigner refused entry united kingdom if wished travel onward ireland (and vice versa) , provided in relevant immigration law.

the cta has meant ireland has been required follow changes in british immigration policy. notable in 1962 when irish law changed in response commonwealth immigrants act 1962, imposed immigration controls between united kingdom , commonwealth countries, while in ireland aliens order 1962 replaced state s previous provision exempting british subjects immigration control, 1 exempting born in united kingdom. scope of irish provision more restrictive british legislation excluded immigration control british citizens born in united kingdom, , imposed immigration controls on born outside uk. latter group have included individuals british citizens descent or birth in british colony. discrepancy between britain s , ireland s definition of british citizen not resolved until 1999.

2008 proposal introduce immigration controls and/or identity checks between great britain , island of ireland

in july 2008, uk border agency (the predecessor of uk visas , immigration) published consultation paper on cta envisaged imposition of immigration controls non-cta nationals, , new measures identity checks of cta nationals, advance passenger information system, on air , sea crossings between islands of ireland , great britain.

while passport controls proposed applied travellers between great britain , republic of ireland, nature of possible identity controls between great britain , northern ireland not clear. led controversy because northern ireland part of united kingdom, prominent unionist describing proposed arrangements intolerable , preposterous . nature of identity checks between northern ireland , great britain characterised british government follows:

section 14 of police , justice act 2006 introduced new power allow police capture passenger, crew , service information on air , sea journeys within united kingdom. ... expected police power apply air , sea routes between great britain , northern ireland. passengers not required use passports, may required produce 1 of several types of documentation, including passports, when travelling, enable carrier meet requirements of police request.

as far land border concerned, proposal indicated border lightly controlled , joint statement in 2008 both governments confirmed there no plans fixed controls on either side of border.

on 1 april 2009, amendment moved lord glentoran in house of lords defeated british government s proposal , preserved cta. relevant clause re-introduced home office minister phil woolas in public bill committee in june, again removed in july after opposition pressure.

2011 agreement

2011 marked first public agreement between british , irish governments concerning maintenance of cta. officially entitled joint statement regarding co-operation on measures secure external common travel area border signed in dublin on 20 december 2011 uk s immigration minister, damian green , ireland s minister justice, alan shatter. 2 ministers signed unpublished memorandum of understanding @ same time.

in common unpublished predecessors 2011 agreement nonbinding, eighth clause stating agreement not intended create legally binding obligations, nor create or confer right, privilege or benefit on person or party, private or public .

the agreement commits 2 governments continue co-operation through cta, align lists of visa-free countries, develop electronic border management system/s , engage in data sharing combat abuse of cta, , work toward fully-common short stay visit visa .

2016 – 2017: brexit

the uk voted leave european union in referendum on 23 june 2016. withdrawal make republic of ireland-northern ireland border external eu border. however, irish , uk governments , president of european council have stated not wish hard border in ireland, taking account historical , social sensitivities permeate island. in september 2016 british secretary of state exiting european union, david davis, stated uk government not seek return hard border between uk , republic of ireland.

in june 2017, uk government s policy paper on position of eu citizens in uk stated desire protect common travel area arrangements , stating irish citizens residing in uk not need apply settled status protect entitlements .