Martin Mansergh (Fianna Fail)

My understanding of the history is that the Free State Constitution was enacted both in Westminster and Dáil Éireann. The point is that technically we only became independent in the full sovereign sense on 6 December 1922, although there are qualifications about this also, whereas the British Act would have been passed before that date, and, therefore would have had force in this jurisdiction before that date, given that, in international law, Britain was the sovereign power up to 6 December 1922. However, it was also passed when we declared ourselves sovereign.

I do not know what happened when the Constitution was enacted in 1937 — it probably involved the repeal of the Free State Constitution. One could say it is probably a fairly redundant declaration of sovereignty. The debate at that time concerned whether our sovereignty or the Constitution depended on some British Act. Even the Senator's political ancestors in Cumann na nGaedheal would have seen it as primarily deriving from what was enacted in Dáil Éireann rather than what was enacted in the Houses of Parliament across the water.