Monthly Archives: April 2017

Please see below summary to Section 4 of the report “Brexit and the Future of Ireland, Uniting Ireland its People in Peace and “. Section 4 in full is available at the link

Section 4 Uniting Ireland and Its People in Peace and Prosperity

Summary

In light of Brexit and the challenges it poses for all sides in Ireland, the words of

Attorney General Rory Brady (2002-2007) in the foreword to now High Court Justice

Richard Humphreys book “Countdown to Unity” have never been more relevant.

“It is now for the political world to address when and how it will embrace those

challenges and induce that change”

“Unity may have been redefined by the new Articles 2 & 3 of the Constitution but it has

remained as a constitutional imperative (obligation). The guarantee that violence will

not be used to effect constitutional change is merely one commitment. In parallel to that

and of equal importance is the duty to give effect to the firm will of the Irish Nation ‘to

unite all the people who share the territory of the Island of Ireland”

‘Countdown to Unity’ identifies how the objective of Unity might be put in place

through legal and constitutional measures. This report will highlight briefly those legal,

legislative and constitutional measures that can be taken to strengthen the case for

unity as outlined by Humphreys.

Up until the Brexit vote on June 23rd 2016 the concept of a United Ireland as outlined

in Articles 2 and 3 of the Constitution for many would seem a distant aspiration. Brexit

means that the best future for the citizens of Northern Ireland could well be remaining in

the European Union in a reunified Ireland. This option must be explored and examined.

The challenge now is to lay out how to achieve the constitutional obligation of a united

Ireland.

As John Bradley in his paper ‘Toward an All Island Economy’ presented at Queens

University Belfast in 2014 pointed out “the extreme importance of strategic economic

planning ………policy errors or policy neglect seldom goes unpunished”3 As this is

a truism of economic planning it is also critically important when it come to the issue

of planning for Unification. The UN human development index ranks the Republic of

Ireland as 6th in the world and ranks Northern Ireland at 44th.

However, aside from the New Ireland Forum, the Oireachtas Library and Research

service in Leinster House could not find any current or historic reports produced by

Brexit and the future of Ireland

2 | The Joint Committee on the Implementation of the Good Friday agreement

a parliamentary committee on how the state should achieve its main aim of a united

Ireland.

As is pointed out in ‘Countdown to Unity’ published in 2009, 7 years prior to the Brexit

vote, Justice Humphreys stated there were a number of reasons why a debate and a

policy are appropriate at this time.

In this section we look at High Court Justice Humphrey’s reasons why, other than

Brexit, the issue of unification should be looked at.

Firstly the radically different context for the discussion on unity which exists now

compared to any time over the last nine decades since partition. Secondly the case

for unity now actively being made, support for a United Ireland by 79%*17A in the south

along with as Humphrey’s states “increasing over all vote for the two nationalist parties

in Northern Ireland”4 demonstrated by the Assembly results of the 3rd of March 2017.

Finally, as Justice Humphreys states himself “but in the end perhaps most compelling,

reason for an examination of the implications of unity is the fact that the constitution

itself, in article 3, inserted pursuant to the Good Friday Agreement, refers to unity as

the ‘firm will of the Irish Nation’”.5

Specially commissioned research carried out by the Oireachtas Library and Research

Service for this report outlines the positions of all the main political parties on the

Island, north and south, on the issue of unification.It is republished within this section

in full. Professor Sean D. McGraw of Notre Dame University in his submission for

the Joint Committees Report outlines his research of Irish Parliamentarians Attitudes

Towards a united Ireland.

Attorney General Brady states in the Foreword to High Court Justice Humphreys Book

‘Countdown to Unity’ that “While Consent is a fundamental characteristic of change, Dr

Humphreys makes it plain that it cannot be an excuse for political inertia”6. High Court

Justice Humphreys discusses the issue of political status-quoism due to the concern

that loyalist paramilitaries could be provoked and attempt to subvert the pursuit of

the aim of the Irish people to peacefully achieve a united Ireland as provided for in

the Good Friday Agreement. Senator Daly as rapporteur of this report requested

White House, National Security Council, Senior Policy advisor on counter terrorism

Brexit and the future of Ireland

The Joint Committee on the Implementation of the Good Friday agreement | 3

in President Obama’s administration and the first US diplomat focused on countering

violent extremism policy at the State Department Michael R. Ortiz to give a submission

on how the threat of future loyalist paramilitary violence attempting to subvert a

referendum and unification could be addressed. Anne Cadwallader of the Pat Finuance

Center and author of Lethal Allies: British Collusion in Ireland outlines the collusion

of the past between the British Security forces and loyalist paramilitaries, she makes

recommendations how such collusion could be prevented in the future as Ireland

pursues unification.

Kevin Meagher an advisor to the Secretary of State for Northern Ireland Shaun

Woodward 2007-09,outlines in a submission to the Committee his view on the position

that the British Government should adopt towards the future of Northern Ireland.

Expert in German unification, Professor Christian Tomuschat from Berlin University

made a submission to the Committee report. The United Nations report on the on-going

progress in Cyprus reunification is also published in full. Professor Marcus Noland,

former senior economist at the Council of Economic Advisers in the Executive Office of

the President of the United States, is also a specialist on the issue of Korean unification

and outlines some of the lessons for Ireland.

High Court Justice Humphrey in his book ‘Countdown to Unity’ states that “there is

no one single pathway to unity – rather there are alternative, but perhaps related

roadmaps to reunification”7

In this section the options by Justice Humphreys are outlined.These include Unitary

State, Federal/Confederal, United Ireland with continuation of Northern Assembly under

the Good Friday Agreement, Joint Authority, Joint Sovereignty, Independent Northern

Ireland, Repartition, and Repatriation.

‘Irish Man of the 20th Century’ T K Whittaker stated in November 1968 in a ‘Note on

North-South Border Policy’ the long term nature of achieving a United Ireland,

Brexit and the future of Ireland

4 | The Joint Committee on the Implementation of the Good Friday agreement

‘We were, therefore, left with only one choice, a policy of seeking unity in

Ireland between Irishmen. Of its nature this is a long-term policy, requiring

patience, understanding and forbearance and resolute resistance to

emotionalism and opportunism. It is not the less patriotic for that’

T K Whittaker

‘Note on North-South Border Policy’

T. K. Whittaker ‘s transcript memorandum titled “A note on North South Border

Policy” November 1968 is in the appendix in full

4.1 RECOMMENDATION:

The establishment of a New Ireland Forum 2 is recommended to set a pathway to

achieve the peaceful reunification of Ireland.

Establish an international task force with experts in counter terrorism so that

the insights of Michael Ortiz, White House, National Security Council, Senior

Policy advisor on counter terrorism in Presidents Obama administration could be

examined, a plan devised and implemented.

 

Please see below summary to Section 5 of the report “Good Friday Agreement” Section 5 in full is available at the link

Section 5 Good Friday Agreement

Summary

In this section of the Report for the Joint Committee on the Implementation of the Good

Friday Agreement we outline the infrastructure of the Good Friday Agreement. The

agreement is included in full in the appendix of this section.

Strand I: The Assembly and Executive with in Northern Ireland

Strand II: The North South Ministerial Council

Strand III: The British Irish Council

The report looks at some of the provisions of the Agreement that have still to be

implemented such as, Bill of Rights, Civic Forum, North South Consultative Forum and

the Irish Language Act. We highlight that even with Ireland’s membership since 2011 of

the International Court of Justice, as Northern Ireland is not covered by the ICJ there

are limited avenues to address breaches of the Good Friday Agreement by the British

government or any signatory. This flaw in the Agreement needs to be addressed.

High Court Justice Humphrey’s book ‘Countdown to Unity’ looked at developing and

expanding the architecture and infrastructure of the Good Friday Agreement and his

analysis is included here. Justice Humphreys looks at the idea of an East – West

Parliamentary Body and the Constitutionality or other wise of it. The concept and again

the constitutionality of judicial branch of government to resolve disputes of North-South

& East-West Parliamentary Bodies is explored. Justice Humphreys also analyses

the opportunity of a North-South Implementation Body and the possible gains from

East-West Administrative Bodies. An All Island Civic forum to assist the North South

structure is also explored. Finally,in this section High Court Justice Humphreys looks at

the continuation of the infrastructure of the Good Friday Agreement ‘into the long term’

and after a referendum for a united Ireland.

5.1 RECOMMENDATION

That Northern Ireland is included in the jurisdiction of the International Court of

Justice to resolve disputes arising from the Good Friday Agreement

 

Please see below summary to Section 6 of the report “Referendum as provided for in the Good Friday Agreement” Section 6 in full is available at the link

Section 6 Referendum as Provided for under the Good Friday Agreement

High Court Justice Humphreys in his book ‘Countdown to Unity’ explains how the

‘constitutional imperative’, as outlined by Attorney General Brady (2002-2007), of

articles 2 and 3 of the constitution can be achieved by the referendum provided for in

Annex A Schedule 1 of the constitutional issues of the Good Friday Agreement.

Attorney General Brady (2002-07) goes on to explain the elements of the Good Friday

Agreement and in accepting the Realpolitik of a divided island.

“A fundamental principal of the Good Friday Agreement is that it is a settlement

based on the exercise of the right to self-determination by the people of the island

of Ireland. The requirement that the right was to be exercised, concurrently, on

both parts of the island by way of a separate referendum in each jurisdiction was

recognition of the realpolitik of a divided island. The reconciliation of the tension

between the right to self-determination and the reality of political life on the island of

Ireland is to be found in the policy of consent.”1

Attorney General Brady

In this section we look at Justice Humphreys detailed analysis of the issue of consent,

of ‘dual consent’ and the important difference between ‘a’ majority and ‘the’ majority

as referred to over the decades by various British Governments. The challenges of a

referendum being concurrent in the North & South and how that could and should be

interpreted is considered in great detail by Justice Humphreys. The options open to the

Irish Government in the event that the Secretary of State for Northern Ireland refuses

to hold a referendum or hold a ‘testing the water’ referendum are explored by Justice

Humphreys. The triggering of a referendum and its likelihood of being subject to a

challenge by way of a referendum petition by unionists is also discussed. The issues

surrounding voter fraud in a referendum are outlined. In the event of the referendum

being passed the necessity of its ratification by the Irish and British Governments are

explained.

 

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.

Derry Journal, Kevin Mullen: http://www.derryjournal.com/news/792-stopped-or-arrested-by-border-officers-under-operation-gull-1-7900800

Nearly 800 people were stopped or arrested by immigration officers and police in Derry, Belfast and Larne in just a single year of Operation Gull – a continuing clampdown designed to stop abuse of the Common Travel Area (CTA) between Ireland and the United Kingdom (UK). Continue reading →