Seroquel overdose 1. How will a reunited Ireland be achieved?
The Agreement provides that Irish reunification is a matter for the people of the island of Ireland. The right of self-determination has been given effect in the Irish Constitution and the Northern Ireland Act 1998. Reunification can be achieved through positive votes in concurrent referendums in both jurisdictions on the island. Each referendum will be subject to the distinctive traditions, rules and processes in each state.
The votes should follow political and civic planning and preparation. Those eligible to vote in these referendums, and everyone affected by the outcome, must be clear about the constitutional, political, economic, social and cultural consequences in advance.
Sing Buri 2. Who decides if a vote on Irish Unity is to take place in N. Ireland?
The power to call a referendum on Irish unity is conferred on the Secretary of State (SoS) for Northern Ireland in section 1 of the Northern Ireland Act 1998. This power includes a discretion to hold a poll at any time. The duty to do so comes into effect when it appears likely to the SoS that a majority of those voting would express a wish for Irish reunification.
3. Who decides if a vote occurs in the Republic of Ireland?
Irish reunification remains a constitutional goal of the Irish State, and is described as the firm will of the ‘Irish Nation’. However, it requires a positive vote by the electorate in the Republic. The decision to propose a referendum on unity lies with the Oireachtas, although the political reality is that it will have to be sponsored by the Irish Government.
4. Should separate referendums occur?
No. The Agreement, properly interpreted, envisages concurrent referendums on reunification to mirror the votes which occurred on the 22nd May 1998 across the island of Ireland. In our view, this requires simultaneous votes.
Should a referendum be proposed in either jurisdiction, by the Irish Government or by the SoS, there will be a presumption that steps will be taken to provide for a concurrent vote in the neighbouring jurisdiction. Neither state can legitimately impose Irish reunification on the other. Equally, neither state can legitimately frustrate or delay Irish reunification.
The most faithful interpretation of the Agreement is that the referendums should be held at the same time.
5. Right to vote in N. Ireland
The phrase used in the Agreement is the ‘people of Northern Ireland’. The franchise in N. Ireland for the reunification referendum is not yet determined. Schedule 1 to the Northern Ireland Act 1998 requires that the Secretary of State specify the persons entitled to vote.
Options for the franchise include: (i) Westminster list, which is limited to British, Irish and qualifying commonwealth citizens who are resident or registered as overseas voters and are over the age of 18; (ii) the Assembly, European Parliament and local elections list, which also includes citizens of the European Union; or (iii) specially constructed franchise, as occurred with the Scottish independence referendum permitting, for example, voting by those over the age of 16.
Given the implications of potential constitutional change on everyone in N. Ireland, a case can be made for an inclusive franchise that acknowledges, for example, the impact on young people and future generations. There is considerable merit in the approach adopted for the independence referendum in Scotland.
6. Right to vote in the Republic of Ireland
The right to vote in any reunification referendum in the Republic of Ireland is determined by combined reading of articles 12 and 46 of the Constitution, together with the Referendum Acts. The franchise will be restricted to Irish citizens resident in the territory of the State and registered as referendum electors. No expansion of the electorate is possible without a separate and preceding constitutional amendment.
7. Consequences of a vote for reunification in N. Ireland
The status of N. Ireland as part of the UK will change. A positive vote in favour of reunification in N. Ireland is a demonstration of Irish self-determination which, in accordance with article 1(iv) of the British-Irish Agreement, imposes a duty on the UK Government to introduce and support legislation in its Parliament to give effect to that wish. It is assumed that section 1 of the Northern Ireland Act 1998 will be repealed.
Unless and until amended or superseded, the Agreement (bilateral British-Irish Agreement) will remain in place, including the existing institutions, and those obligations intended to apply in the event of a transfer of sovereignty.
As noted above, it should be clear in advance of the referendums what model and arrangements people are opting for if they select the change option. In the event of votes for reunification it will then be a matter of implementing the proposals that have been democratically endorsed.
8. Consequences of a vote for reunification in the Republic of Ireland
The status of N. Ireland will change, and the whole territory of the island of Ireland will be part of the EU. The Irish Constitution will be amended or replaced in accordance with the proposal approved by the electorate. At a minimum, it is presumed that this will require amendment to articles 2 and 3 as currently configured. But it is also possible that discussions will lead to proposals for a new constitution. Advance civic and political discussion is needed on the depth, scale and extent of the constitutional reforms that will follow votes for reunification.
While it is possible that reunification could be achieved in a way that minimises constitutional and political disruption, there is also an opportunity to consider more ambitious arrangements that reflect a commitment to a modern, pluralist ‘New Ireland’.
Those advocating reunification will need to have a settled view on the precise implications of votes for change and how transformative this will be.
9. What becomes of British citizenship in a united Ireland?
In the Agreement both the Irish and British governments promised the continuation of citizenship regardless of the status of N. Ireland. British citizenship is governed by UK nationality legislation and that would continue to the case. It would continue in perpetuity for those currently entitled to that status. It would be available for future generations in accordance with British legislation.
Proposals for reunification should provide agreed guarantees for British citizens to ensure that British identity is respected based on the values of the Agreement.
10. What becomes of the Good Friday Agreement institutions in N. Ireland in a united
Ireland?
The Agreement does not contemplate the abolition of the Assembly or the Executive following reunification. These institutions remain operable in a united Ireland and would, presumably, continue unless and until alternative institutions are approved. This would also be the case for other Agreement structures, which may prove particularly valuable in maintaining East-West and British-Irish connections.
11. What becomes of the Good Friday Agreement human rights and equality
protections?
The Agreement requires that ‘the power of the sovereign government with jurisdiction there shall be exercised with rigorous impartiality on behalf of all the people in the diversity of their identities and traditions and shall be founded on the principles of full respect for, and equality of, civil, political, social and cultural rights, of freedom from discrimination for all citizens, and of parity of esteem and of just and equal treatment for the identity, ethos, and aspirations of both communities’.
The obligation of ‘rigorous impartiality’ will transfer to the Irish Government in the event of reunification. The commitments to parity of esteem, equality of treatment and rights will have implications for reunification proposals.
The Irish Government is under an obligation to provide at least an equivalent level of rights protection, and has already made changes to reflect this aspect of the Agreement.
It is notable, for example, that the Agreement anticipated a Bill of Rights for N. Ireland and led to further effect being given to the European Convention on Human Rights, and the creation of the NI Human Rights Commission. Any Bill of Rights adopted for N. Ireland will have implications for the guarantees required in the event of reunification.
Work will be needed to ensure that there is at minimum equivalence, and that reunification results in no diminution of protection. As noted above, this will also create an opportunity to discuss the adoption of a more expansive range of rights and equality guarantees.
12. What level of support is necessary in each jurisdiction?
Article 47.1 provides that a simple majority of votes cast is sufficient to amend the Irish Constitution. The Agreement recognises the equal legitimacy of both the unionist and nationalist position, and the principle of consent rests constitutional status on a majority of the people of N. Ireland. Therefore, any threshold beyond a simple majority of those voting in N. Ireland can be rejected as contrary to the Agreement, undemocratic, and an attempt to frustrate the self-determination provisions.
13. Does there need to be more than concurrent referendums?
No. The Agreement is clear that the process by which Irish reunification will be achieved is concurrent consent. The novel imposition of, for example, further confirmatory referendums in either jurisdiction would amount to a significant and unjustified deviation from what was agreed in the Agreement and approved in 1998. The right to Irish self-determination is already significantly qualified by the requirement of concurrent votes in each jurisdiction.
If reunification is achieved through the existing Irish Constitution, the proposal to be put to the electorate will have to be crafted in such a way as to achieve Irish unity whilst not conflicting with any other provisions of the Constitution. If a new constitution is proposed, to replace the 1937 Constitution, then this could be endorsed through a referendum.
Multiple referendums beyond the two anticipated in the Agreement carry risks of inconsistent outcomes and additional instability. This is particularly the case in N. Ireland where a confirmatory vote will be viewed by many as another attempt to place procedural hurdles in the way of constitutional change. Proposals should be fully worked through in advance of the concurrent referendums.
14. What would become of the Ireland – Northern Ireland Protocol contained within the EU-UK Withdrawal Agreement?
The reunification of Ireland in accordance with the provisions of the Agreement has already been considered by the European Council in April 2017. The 1990 precedent of German reunification would be followed. The entire territory of a united Ireland would form part of the EU, without the need for Treaty change. The Protocol would no longer be necessary and will be superseded by the return of N. Ireland to the EU. Both states may, however, wish to continue the Common Travel Area arrangements, and it is assumed the EU would remain willing to permit this, within existing and prescribed limits.
It reflects the thinking of the Group on some of the procedural questions raised by the unity referendums. The Group is aware that there are a range of possible views, but this note advances an interpretation that we believe is as faithful as possible to the letter and spirit of
the self-determination provisions of the Good Friday Agreement.
Le’ts Get this Right
Firstly, let me respond to your scholarly question particularly,2,3,45,6,7,10,11 and 14, The problem with these questions is they exactly that, they are scholarly and will only engage a minority of talking heads who live in their academic ivory towers. If this process is truly to be an unfiltered and engaging discussion about this Islands future, we must not just talk the talk of pluralism but walk the walk. Let me speak to the following question raised:
1. Most people are broadly aware of the unification provisions under the Northern Ireland Act 1998. Question 1 implies that any vote for unification is a fait accompli in that civic planning and planning should be completed prior to a vote. The assumption seemingly, is that all nationalists/Catholics will vote for reunification. A constituency you seem to have ignored are the middle classes, that constituency will largely vote in the interests of their wallet and the case for that has not yet been made. You also say “Those eligible to vote in these referendums, and everyone affected by the outcome, must be clear about the constitutional, political, economic, social and cultural consequences in advance”
Really, did you watch the Brexit debate, people who voted to leave voted out on a myriad of issues, from a Turkish invasion to a return of £350 million per week and other misinformation. What sort of political nirvana do you think we have, where all voters will be fully engaged and fully informed about the road map towards unification. A referendum on Irish unity is not a simple binary yes, no question, unlike the vote on abortion and divorce.
9. What becomes of British citizenship in a united Ireland? The altruism around British identity is heart-warming but you seem to completely miss the point of unification. Irish identity was forged during British Imperialism, an Irish Civil War, Partition and the conflict in the North, euphemistically known as the troubles .I thought the objective was to create a sense of a new common citizenship and while critically, maintaining social cohesion.
12. What level of support is necessary in each jurisdiction? One thing we know about a 49.9/50.1 vote in favour of something which in effect will result the complete change of the North’s constitutional status, will not end well. I was in favour of a super majority for referendums around constitutional change at the time of the Belfast Agreement. That did not happen however just a warning, majoritarianism is not a route recommended for a successful political project.
You use the term self and Irish self-determination, there is no monolithic group that will determine our future, unless the term pluralism is being reinterpreted. There is also an implied assertion in question 13 that a robust exchange of views and ideas in trying to develop a road map for a successful political journey could” be viewed by many as another attempt to place procedural hurdles in the way of constitutional change.” Who exactly are the “many” and what is being implied?
There are many questions that need to be addressed, embracing the complexity of a process of the journey towards Irish unification. The case for unification needs to be made thoughtfully and persuasively particularly by those who advocate against the status quo.
Let me list a few real-world issues:
What sort of governing structure will ensure that all citizens in a new Ireland have both a voice and stake. Will it be Federal, will it be a representative democracy or a direct democracy?
How we integrate public services?
How do we create a progressive secular education system?
How do we integrate an FDI driven economy with a Public sector driven economy? NI public expenditure accounts for nearly 60% of GDP, Irelands is 25%.
How do we deal with the Northern Ireland fiscal short fall?
Where do we get the couple of hundred billion which is the figure Paul Gosling said we need to integrate the two economies?
Listen, I have no underlying political principle against a united Ireland, but I do have a vested interest in its successful outcome. Let us also dispel the myth that the current or any future British Government has some sort of Machiavellian plan to thwart Irish unification. The reality is that they would put their hand into the proverbial Treasury’s pocket and gladly contribute to it, as long as there was no negative repercussions .For those in their ivory academic or political towers if we do not get this right the consequence will not be good. Time is not of the essence, getting it right is vital because if we do not, guess who suffers, not those in the leafy suburbs and in well paid public sector jobs but working-class Billy and Sean and others who have made this Island their home.
Let’s get this right
Lets get Firstly, let me respond to your scholarly question particularly,2,3,45,6,7,10,11 and 14, The problem with these questions is they exactly that, they are scholarly and will only engage a minority of talking heads who live in their academic ivory towers. If this process is truly to be an unfiltered and engaging discussion about this Islands future, we must not just talk the talk of pluralism but walk the walk. Let me speak to the following question raised:
1. Most people are broadly aware of the unification provisions under the Northern Ireland Act 1998. Question 1 implies that any vote for unification is a fait accompli in that civic planning and planning should be completed prior to a vote. The assumption seemingly, is that all nationalists/Catholics will vote for reunification. A constituency you seem to have ignored are the middle classes, that constituency will largely vote in the interests of their wallet and the case for that has not yet been made. You also say “Those eligible to vote in these referendums, and everyone affected by the outcome, must be clear about the constitutional, political, economic, social and cultural consequences in advance”
Really, did you watch the Brexit debate, people who voted to leave voted out on a myriad of issues, from a Turkish invasion to a return of £350 million per week and other misinformation. What sort of political nirvana do you think we have, where all voters will be fully engaged and fully informed about the road map towards unification. A referendum on Irish unity is not a simple binary yes, no question, unlike the vote on abortion and divorce.
9. What becomes of British citizenship in a united Ireland? The altruism around British identity is heart-warming but you seem to completely miss the point of unification. Irish identity was forged during British Imperialism, an Irish Civil War, Partition and the conflict in the North, euphemistically known as the troubles .I thought the objective was to create a sense of a new common citizenship and while critically, maintaining social cohesion.
12. What level of support is necessary in each jurisdiction? One thing we know about a 49.9/50.1 vote in favour of something which in effect will result the complete change of the North’s constitutional status, will not end well. I was in favour of a super majority for referendums around constitutional change at the time of the Belfast Agreement. That did not happen however just a warning, majoritarianism is not a route recommended for a successful political project.
You use the term self and Irish self-determination, there is no monolithic group that will determine our future, unless the term pluralism is being reinterpreted. There is also an implied assertion in question 13 that a robust exchange of views and ideas in trying to develop a road map for a successful political journey could” be viewed by many as another attempt to place procedural hurdles in the way of constitutional change.” Who exactly are the “many” and what is being implied?
There are many questions that need to be addressed, embracing the complexity of a process of the journey towards Irish unification. The case for unification needs to be made thoughtfully and persuasively particularly by those who advocate against the status quo.
Let me list a few real-world issues:
What sort of governing structure will ensure that all citizens in a new Ireland have both a voice and stake. Will it be Federal, will it be a representative democracy or a direct democracy?
How we integrate public services?
How do we create a progressive secular education system?
How do we integrate an FDI driven economy with a Public sector driven economy? NI public expenditure accounts for nearly 60% of GDP, Irelands is 25%.
How do we deal with the Northern Ireland fiscal short fall?
Where do we get the couple of hundred billion which is the figure Paul Gosling said we need to integrate the two economies?
Listen, I have no underlying political principle against a united Ireland, but I do have a vested interest in its successful outcome. Let us also dispel the myth that the current or any future British Government has some sort of Machiavellian plan to thwart Irish unification. The reality is that they would put their hand into the proverbial Treasury’s pocket and gladly contribute to it, as long as there was no negative repercussions .For those in their ivory academic or political towers if we do not get this right the consequence will not be good. Time is not of the essence, getting it right is vital because if we do not, guess who suffers, not those in the leafy suburbs and in well paid public sector jobs but working-class Billy and Sean and others who have made this Island their home.