Oireachtas Joint and Select Committees

Thursday, 14 June 2018

Joint Oireachtas Committee on the Implementation of the Good Friday Agreement

Impact of Brexit on the Good Friday Agreement: Discussion (Resumed)

2:10 pm

Dr. Jonny Byrne:

I thank the Chairman and for the opportunity to appear. I will speak briefly on the statement I submitted to the committee and will be happy to take questions on the subject.

The statement is in response to the areas identified by the joint committee's 2018 work plan. It focuses primarily on three specific areas: Brexit; the current issues impacting on Northern Ireland; and the importance of language. Collectively, they provide an insight into key risks, which have the potential to threaten the future stability of Northern Ireland and the peace and political process.

There is a prevailing sense of ambiguity across and within communities around Brexit, coupled with an apparent neglect of any actual or felt impact it will have in socio-economic terms. Unlike other regions, which have focused predominantly on trade, employment and the economy in general, the dominant narratives in Northern Ireland tend to focus on hard and soft borders, backstops, potential for violence and disorder across the Border counties, increased recruitment for armed organisations, and the requirement for more police officers. In sum, these issues serve to further perpetuate divisions along tribal lines. Brexit remains an elusive concept and, as such, many can only dimly imagine its relevance and impact on their daily lives. To that end, there is a lack of direct engagement with the debate at the kitchen table. This was particularly evident in the months preceding the referendum. Consequently, it may be argued that people have only limited attachment to the wider debate and they do not feel involved or have ownership of any decision-making processes, which has a detrimental effect on any outcomes.

Brexit has also raised the issue of a Border poll and led, in some cases, to the enormity and multitude of challenges of a wider European discussion being framed as a single issue, namely the constitutional status of Northern Ireland. Accordingly, recent published research for the BBC in June noted that 45% of those surveyed would vote for Northern Ireland to stay in the UK, while 42% supported Northern Ireland leaving the UK and joining a united Ireland, whereas another survey conducted by Queen's University Belfast in May, 2018 concluded that 50% of people would support the idea of remaining part of the UK, with only 21% saying they would vote for Irish unity. To some extent, this demonstrates the uncertainty that Brexit has generated. It is clear, however, that in a divided society, people are defined by these positions and are influenced on the basis of their political and community allegiance. Consequently, this reduces the opportunity for a wide, mature and evidence-based debate, beyond the constitutional issue, on the implications of Brexit.

I have listed six current issues and challenges, aside from Brexit, of these. On the political vacuum, it is well documented that the absence of a functioning government has the potential to create a void, which has historically been filled by extreme or radical elements. There has been some debate about how the absence of the Executive could create the conditions for a resurgence of armed violence, but as yet there is no evidence of this occurring. Rather, there is a general sense of apathy and disengagement from the political arena and many are concerned and frustrated at the lack of policy implementation on key issues such as healthcare and education. People appear to have become conditioned to the political paralysis that exists.

On violence, it is evident that within certain communities and geographical areas, a culture of violence prevails. Political violence has become part of the historic narrative of community identity and, by extension, of belonging and membership in a community.

While the level of political violence has significantly reduced in recent years, the peace and political process has yet to eliminate the following: the tradition of celebrating and justifying the use of violence; the physical memorialisation and valorisation of violent struggle; the continued presence of paramilitarism; and segregation and division along sectarian lines.

As for legacy, the current consultation process on addressing the legacy of Northern Ireland's past should be viewed as an important milestone in the endeavour to deal with the past. However, the debate has been dominated in some part by the information retrieval versus the investigations elements. While the debate will afford the opportunity for many to have their views acknowledged, there is a risk that others will feel alienated and marginalised, which, in turn, will create further polarisation among the main political parties and their constituents, making it more challenging for devolution to return.

Regarding identity and tradition, in a society where the emphasis is on the promotion of shared values, the fact remains that there is no agreement on how to commemorate, remember or express and celebrate different cultures and identities. The issue of bonfires and memorials within respective loyalist and republican communities are testament to this. For one section of society they are nothing more than sectarian, triumphalistic symbols while, for others, they represent the traditional method of celebrating important historical and community events, and they are part of identity. It is worth noting that parades are attracting less public and media attention, which has been attributed to local dialogue and engagement processes.

With regard to policing, the Northern Ireland Policing Board has not been formally constituted since March 2017, and this has a number of implications. First, the principles of democratic accountability are undermined, as there is no appropriate mechanism to hold the PSNI accountable for its performance. Second, where performance is inadequate, the board cannot work in partnership to support the PSNI, and where the PSNI delivers an excellent service the board cannot advocate on its behalf. Third, the absence of a board has meant there has been no development, consultation or implementation of a Northern Ireland policing plan. Fourth, the board has neither been able to fully participate in discussions about the establishment of bodies to deal with the legacy of the past, nor been able to engage with the PSNI on issues pertaining to resources emanating from Brexit. Finally, there has not been a public meeting of the board since December 2016, which has meant the public has been unable to ask questions of the police.

One other area of concern regarding policing relates to the number of individuals from a Catholic background who apply to join the PSNI. The previous recruitment campaign concluded with 30% of all applicants coming from a Catholic background, with just over 20% making it through to the merit pool. Subsequent research by Deloitte identified a number of barriers affecting police officer recruitment, and the PSNI put in place a series of measures. However, much of the evidence suggests that policing more generally has not yet been embedded within the broader nationalist-republican community and requires systemic change at the local level if this is not to become a critical incident, as composition is of significance importance for the PSNI because it directly affects confidence and legitimacy in the organisation.

On paramilitarism, the Fresh Start Agreement of November 2015 sets out the Executive's commitment to tackling paramilitary activity. This was followed by the Fresh Start Panel report and the executive action plan. In sum, the focus has centred on disbanding paramilitaries but we have consensus of clarity about on what constitutes paramilitarism in terms of behaviours in a post-conflict era, or who should be targeted for transformative work or engagement.

In 2018, language remains highly politicised at all levels. Consequently, the use of certain terminology has the potential to cause friction, offend and ignite community tensions. Quite simply, we remain wedded to terminology that is in many ways reflective of a conflict torn society rather than one with a peace accord that is celebrated for its capacity to end violence and consolidate peace. To that end, the following terms continue to dominate public discourse, albeit in a manner which is paradoxical and contradictory: conflict, paramilitarism, dissident, punishment assaults and attacks, terrorism, security situation, organised crime, extremism, radicalisation, loyalism, republicanism, paramilitary, culture and identity. In addition, language about the past and violence in general tends to be divisive. In sum, the post conflict era has been influenced and shaped by language and terminology which retains the structure of our troubled past, rather than for the transformed society envisaged in the Good Friday Agreement.

Over the past two decades, Northern Ireland has witnessed significant social, economic and political improvements as a direct result of the Agreement. For many, however, there is a tendency to define this period as an "imperfect peace." In many respects, this negative peace may be characterised as the inability to find solutions to deeply embedded divisions such as those pertaining to culture, identity and memorialisation, as there is a tendency to manage rather than resolve. We are also inclined to measure success by the absence of negativity, whereby a difficult event, such as a parade, a bonfire or a commemoration, concludes without violence or causing apparent offence. In many respects, Northern Ireland is a place where difference is largely tolerated, rather than being respected, acknowledged and celebrated.

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