Please see below summary to Section 7 of the report “Constitutional and Legal Changes before and after a referendum”, Section 7 in full is available at the link
Section 7 Constitutional & Legal Changes Before and After a Referendum
Summary
High Court Justice Humphreys states
“It is a matter of political judgement as to whether and to what extent to hold off all legal
or constitutional change until after the achievement of the reunification of the island of
Ireland.”1
In this section of the report we highlight the analysis of High Court Justice Richard
Humphreys work in ‘Countdown to Unity’ on the Constitutional, Legal and other
changes that could or should take place before or after unification. The ratification
and the implementation process of the referendum result is outlined. The issue of
the continuation of the Northern Assembly after a referendum under the Good Friday
Agreement is analysed, as are some of the flaws of the Good Friday Agreement as
seen by Justice Humphreys. Development of the institutional architecture of the Good
Friday Agreement after a referendum is examined, as is North-South & East-West
infrastructure. Three different options are outlined by High Court Justice Humphreys
as to how to deal with the issue of pre-existing Northern Ireland legislation in a postreferendum
Ireland.
The replacement of pre-existing legislation with Britain including the Act of Union by a
new comprehensive treaty is outlined by Justice Humphreys. Also outlined are the legal
changes with the EU and the consequences for International treaties signed by Ireland
and the UK.
The challenge of uniting people as explained by John Hume is chartered by Justice
Humphreys with the necessity of confidence measure by the Irish side. These include
broadening the constitutional definition of citizenship to include the British identity on
the island, giving rights to vote and to run for elected office to citizens who choose a
British identity as provided for in the Good Friday Agreement is summarised and the
need to remove the legal sectarianism of the British state, among which would be the
Coronation Oath Act. Justice Humphreys findings of Unionism view of representation
for Northern Ireland politicians in the current Dáil Eireann are outlined. The merits of
‘Gesture Politics’ on issues such as the Irish Language, the National Flag and Anthem
is considered not necessarily to be a bad thing, Humphreys argues, if the gesture
can be shown to have achieved something. Dr Martin Manseragh has described an
Brexit and the future of Ireland
2 | The Joint Committee on the Implementation of the Good Friday agreement
approach where by the traditions of both communities are accommodated as ‘we need
not lessen our loyalties as we broaden our sympathies’
We have included:
Union of Ireland Act 1800
Government of Ireland Act, 1920
Treaty of 1921
The Republic of Ireland Act, 1948
The Sunningdale Agreement 1973
New Ireland Forum Report 1984
Anglo-Irish Agreement 1985
Downing Street Declaration 1993
The Good Friday Agreement 1998
7.1 RECOMMENDATION
The Government needs to carry out an audit in relation to the legal and
constitutional changes pre and post-unification.
