There are
many academic and non-academic articles about Northern Ireland. Today’s post
include references to two documents that offer a views about Northern Ireland
in light of Brexit.
Previous
post about Northern Ireland (part of the TERRITORIAL DISPUTES series):
The first document
introduces HM Government’s position about the future on Northern Ireland and
the relationship with the United Kingdom and thE European Union.
The second document
includes the analysis of this situation by the European Union.
Northern
Ireland and Ireland. Position Paper. HM Government
This
paper outlines the United Kingdom’s (UK) position on how to address the unique
circumstances of Northern Ireland and Ireland in light of the UK’s withdrawal
from, and new partnership with, the European Union (EU).
Introduction
1.
The
United Kingdom welcomes the establishment of a dialogue on Northern
Ireland/Ireland issues between the UK and the EU negotiating teams. The UK
believes that this dialogue should be substantial and detailed, and seek to
address the unique circumstances of Northern Ireland and Ireland in a
comprehensive and flexible way. The UK and the EU had positive exploratory
discussions in the July round of negotiations covering the UK’s proposals in
relation to the Belfast (‘Good Friday’) Agreement and the Common Travel Area
and associated rights.
2.
The
UK’s withdrawal from the EU, and the development of a new, deep and special
partnership between the UK and the EU, has important implications for Northern
Ireland and Ireland. While continuing to take account of these interests across
the board, the UK believes that there are four broad areas where a specific
focus on the unique relationship between the UK and Ireland, and the importance
of the peace process in Northern Ireland, is required in the initial phases of
the dialogue. This paper sets out the UK’s proposals for these areas as
follows:
Section 1: upholding the Belfast (‘Good Friday’) Agreement in
all its parts;
Section
2: maintaining the Common Travel Area and associated rights;
Section
3: avoiding a hard border for the movement of goods; and
Section
4: aiming to preserve North-South and East-West cooperation, including on
energy.
3. An early
and specific focus on these issues is consistent with the European Council’s
negotiating guidelines and the European Commission’s directives, the Irish
Government’s priorities paper, and the UK Government’s White Paper and Article
50. It is also in line with the issues “of particular significance” set out by
the former First Minister and deputy First Minister of Northern Ireland in
their joint letter of 10 August 2016 to the Prime Minister. The European Council’s
negotiating guidelines are clear that “flexible and imaginative solutions” must
be developed on border arrangements as an early priority in the negotiations.
4. There is
significant overlap in the objectives set out by the UK Government, the Irish
Government and the EU. In particular, it is clear that our high level
objectives are wholly aligned with regards to: avoiding a hard border;
maintaining the existing Common Travel Area and associated arrangements; and
upholding the Belfast (‘Good Friday’) Agreement, including the principles of
continued North-South and East-West cooperation. The UK therefore welcomes the
opportunity to discuss how best to deliver these shared objectives
5. The UK believes that swift progress should be made
in agreeing the way forward on the Common Travel Area and associated rights and
some of the specific issues arising from the Belfast (‘Good Friday’) Agreement
by October. The UK also believes it is possible in this phase to establish
working principles for the movement of goods, energy and wider cross-border
cooperation that will underpin the development of technical solutions as part
of the negotiations on the future relationship between the UK and the EU. Given
the complete alignment between the UK, Ireland and the EU on high level
objectives for these crucial issues, and our strong support for the peace
process in Northern Ireland, these solutions should be agreed at the earliest
opportunity. To facilitate progress, the UK proposes to discuss in forthcoming
negotiating rounds the high level principles and criteria that could be agreed
and used to test potential future models for border arrangements.
Northern
Ireland and Ireland. Position Paper. HM Government
The Impact and Consequences of Brexit
for Northern Ireland
KEY FINDINGS
· Northern
Ireland is the part of the UK most distinctly affected by Brexit. The introduction
of a ‘hard border’ with the Republic of Ireland is a particular concern, with customs
controls probable and immigration checks possible. Free movement across the
island of Ireland remains a desired feature of a strong bilateral relationship
which strengthened amid common EU membership and the Northern Ireland peace
process.
· Northern
Ireland has no autonomy over Brexit. As such, Northern Ireland’s 2016 referendum
vote to remain within the EU is, in constitutional terms, of no significance. The
UK Supreme Court has stated categorically that the consent of the Northern Ireland
Assembly is not required for the UK government to withdraw from the EU.
· The
UK’s relationship with the EU (and its termination) is an excepted power,
retained by the UK government. No powers have been devolved to the Northern
Ireland Assembly in this respect. The 1998 Northern Ireland Act gives the
Assembly the right to pass laws but only in devolved policy areas and does not
affect the power of the UK Parliament to make laws for Northern Ireland.
· The
Northern Ireland Assembly will be able to determine what EU legislation should be
retained where it affects Northern Ireland in policy areas over which the
Assembly holds devolved powers.
· Brexit
will require deletion of references to the EU within the 1998 Good Friday Agreement,
Northern Ireland’s peace deal. The all-island aspects of the Agreement most
embed the EU and provide institutional mechanisms for the continued financing of
the peace process by the EU. Given the status of the Good Friday Agreement as
an international treaty and its endorsement in referendums in Northern Ireland
and the Republic of Ireland, a reworking could be challenged but there seems no
legal room for such a challenge. The UK and Irish governments appear to desire
some form of special status – without using that term - for Northern Ireland,
given the potential adverse economic effects in both jurisdictions and the
political sensitivities accruing to any hardening of the border dividing the
island.
· The
political sensitivities of Brexit are considerable. Most nationalists voted to
remain within the EU. They see themselves as Irish citizens, i.e. members of
the EU, and wish to retain that status. A minimum demand is special status for
Northern Ireland. A majority (but a far from overwhelming one) of unionists
voted to leave. Whilst the risks to the current relative peace are minimal, the
extent of continuing inter-communal polarity provides a strong case for special
treatment for Northern Ireland.
· A
bilateral bespoke deal between the UK and Irish governments to maintain the Customs
Union between the two states – which would continue to render invisible Northern
Ireland’s frontier with the Irish Republic - would require EU approval. The UK
government has listed tariff-free trade across borders, via a special agreement
with the EU, as a priority. Failure to conclude such a deal will impact
significantly upon Northern Ireland as a site of tariff checks.
· The
UK government has listed the maintenance of a Common Travel Area (CTA) between
the UK and Ireland as one of its negotiating priorities. Its abolition would have
significant potential impact upon travel across the border.
The
Impact and Consequences of Brexit for Northern Ireland
Jorge
Emilio Núñez
24th July 2018
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