Republic of Ireland–United Kingdom border


The Republic of Ireland–United Kingdom border, sometimes referred to as the Irish border or British–Irish border, runs for from Lough Foyle in the north-west of Ireland to Carlingford Lough in the north-east, separating the Republic of Ireland from Northern Ireland.
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 Northern Ireland 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 circa 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 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 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 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.

Customs and identity checks

Customs controls were introduced on the frontier on 1 April 1923, shortly after the establishment of the Irish Free State. These controls were maintained, with varying degrees of severity, until 1 January 1993, when systematic customs checks were abolished between European Community member states as part of the single market. There are no longer any operational customs posts along either side of the border. Except during a brief period during World War II, it has never been necessary for Irish or British citizens to produce a passport to cross the border. However, during the 1970s troubles, security forces regularly asked travellers for identification.

Military checkpoints

During the Troubles in Northern Ireland, there were British military checkpoints on main border crossings and UK security forces made the remaining crossings impassable. By about 2005, in phase with implementation of the 1998 Good Friday Agreement, the last remaining controls were definitively removed.

Dropped proposals to reinstate border controls

In October 2007, details began to emerge of a British Government plan that might end the Common Travel Area encompassing the United Kingdom and Ireland in 2009, possibly creating an anomalous position for Northern Ireland in the process. In a statement to Dáil Éireann, the Irish Taoiseach Bertie Ahern assured the House that "British authorities have no plans whatsoever to introduce any controls on the land border between North and South. I want to make that clear. All they are looking at is increased cross-border cooperation, targeting illegal immigrants." This immediately raised concerns north of the border. Jim Allister, a former member of the Democratic Unionist Party and then a Member of the European Parliament, told The Times that it would be "intolerable and preposterous if citizens of the UK had to present a passport to enter another part of the UK".
In July 2008, the UK and Irish governments announced their intent to resume controls over their common border and the Common Travel Area in general. Each proposed to introduce detailed passport control over travellers from the other state, where travel is by air or sea. However, the land border will be 'lightly controlled'. In a joint statement, Jacqui Smith, the British Home Secretary, and Dermot Ahern, the Irish Justice Minister, said:
It is crucial that our two countries work closely together to ensure our borders are stronger than ever. Both governments fully recognise the particular circumstances of Northern Ireland. Both governments reaffirm that they have no plans to introduce fixed controls on either side of the Irish land border.

The Times reported that another consultation paper was to be published in the autumn of 2008 on whether people travelling between Northern Ireland and the rest of the United Kingdom should be subject to further checks.
One proposal is expected to suggest extending the electronic borders scheme, requiring travellers from Northern Ireland to provide their personal details in advance. This would mean residents of one part of the UK being treated differently from others when travelling within the country, something to which Unionists would object.

However, in 2011, the governments renewed the 'de facto' agreement.

The 2011 inter-government agreement

2011 marked the first public agreement between the UK and Irish governments concerning the maintenance of the Common Travel Area. Officially entitled the "Joint Statement Regarding Co-Operation on Measures to Secure the External Common Travel Area Border", it was signed in Dublin on 20 December 2011 by the UK's immigration minister, Damian Green and Ireland's Minister for Justice, Alan Shatter.

Traffic

The border is linked with 268 border crossing points. Every month approximately 177,000 lorries, 208,000 vans, and 1,850,000 cars cross the border. Around 30,000 people cross the border daily to commute.

The Troubles

The Troubles in Northern Ireland required that attempts were made from the early 1970s until the late 1990s to enforce border controls. Many smaller cross-border roads were cratered or blockaded by the British Army with the intention of making them impassable to regular traffic. Bridges were also destroyed to prevent access at unauthorised border crossings. In particular, the border area in south County Armagh was dominated by British Army surveillance posts. Derry, the second-largest city in Northern Ireland, is close to the border with County Donegal. This meant that there was a heavy security presence around the city, often impeding traffic and general movement between Derry City and County Donegal. Despite these measures, the border was simply too long and had too many minor access roads to enable control of all cross-border movements. British Prime minister Margaret Thatcher stated that there was "no way we can patrol the 500 miles ". During the period, authorised crossing-points on the border remained open to civilian traffic in both directions at all times although vehicles and their occupants were subject to detailed searches while some crossing points were closed to vehicle traffic at night when customs posts were unstaffed.
Despite measures taken by the Irish government during the Troubles, Irish republican militants, including the Provisional Irish Republican Army, had a measure of "safe haven" over the border. The PIRA also raised money in the Republic, mostly through bank robberies, and undertook "cross border raids".
Difficulty in patrolling parts of the border and large taxation/currency differences led to widespread smuggling. However, greater European integration led to roughly similar tax rates on most items and easing of restrictions on cross-border trade. Smuggling nowadays is mostly limited to fuel, livestock and a seasonal trade in illegal fireworks, which are strictly regulated in Ireland – in both countries there are restrictions on the types which can be used and a licence is required to possess or use fireworks, but in Ireland such licences are seldom issued to private individuals.
While it still exists de jure, the border presents [|no impediments] to traffic in either direction. The Common Travel Area between the UK and Ireland, EU integration and the demilitarisation of the border following the 1998 Good Friday Agreement resulted in an open border by default. Following the Northern Ireland peace process, military electronic surveillance and permanent vehicle checkpoints have been replaced by routine PSNI patrols.