Oireachtas Joint and Select Committees
Thursday, 7 November 2019
Joint Oireachtas Committee on the Implementation of the Good Friday Agreement
Voting and Citizenship Rights of Citizens in Northern Ireland: Discussion
Professor Colin Harvey:
We need to separate out a few things concerning the DeSouza case, which is not so much about removing Irish citizenship - that is not at issue - as it is about the imposition or conferral of British citizenship or identity on somebody without his or her consent and then the processes around renunciation. Irish citizens voting in presidential elections is a distinctive issue as well, so it would not affect that.
There is a sense that the European Parliament question is one primarily for the Irish Government to determine in terms of what it wants to do. Some clarity has been provided to the effect that if the Irish Government wanted to take that step it would be possible to do so. I want to put it on the table today that that is going to be a remaining question. It chimes with the debate that is happening. Effectively, Northern Ireland is going to have what looks like a special status or arrangement going forward, for the reasons that were agreed regarding a hard border, protecting the agreement and ensuring North-South co-operation. The question that also arises relates to a continuing voice for the North in the European institutions as well. This is something the Government has looked at, is thinking about and could look at in further detail in the context of how it might be addressed. I would encourage it to do so.
In terms of the electorate and how people might vote, Senator Devine is right that this often arises. It reflects anxiety about how people might vote, which parties or individuals they might vote for or how it might impact. There is a sense that we need more research on external voting to find out what is happening. There is a mixed picture in terms of the impact. There is work that talks about the lack of a distorting effect but Senator Devine has seen evidence in research to suggest that it can have a significant impact in elections. I am not a politician, but my view on this is that, ultimately, when one is talking about the franchise and inclusion, at some point one has to trust the judgment of the electorate and the persuasion that will take place around that. This might be a slightly provocative thing to ask, but does one ultimately simply abolish elections because individuals might vote for the wrong candidate or the wrong party? I was reading on the train on the way down about a candidate for the Croatian presidential election who is planning a visit to Cork due to the forthcoming presidential election in Croatia. I think what it will do is encourage people to engage in a much more proactive way with the North and with the Irish diaspora, to not simply sloganise in respect of "Global Ireland" but to make the latter meaningful in terms of actual civil and political rights. What is missing from the conversation thus far brings me back to the comments I heard this morning about the opportunities and benefits for this island of enhanced engagement with Irish citizens around the world and making sure that they remain fully involved in what is happening here.
In terms of the Good Friday Agreement, at the risk of boring everyone to tears this afternoon and repeating myself, I think it is a great question, my own sense is that I am quite concerned about where a future British Government might be going in relation to some of the issues mooted in the opening statement. The language of Brexit and the approach that has been adopted, the fractious and febrile nature of politics, the hostile environment that has been created towards rights and equality issues cause me a lot of concern as a person who works in the area of human rights law and has done for a long time. Who knows what will happen in the election, but where a future British Government might be going could be a very troubling place in relation to the protection of human rights and equality. The Good Friday Agreement has a number of commitments in that regard. Much of what we are hearing conflicts with the values that underpin that document, but I still firmly believe that the answer does ultimately rest in getting back to that document and to the things that were noted there, the things that were promised there and the guarantees that are there and ensuring they are implemented.
Members will not be surprised to learn that one consequence of all that, based on the report I have compiled, is that there are people who are at this point and who are not unreasonably pondering the constitutional future of the North in light of the picture that is emerging. It seems to me that it would be remarkable if people were not doing so at the moment because we are in troubling times. Everything I have said has been around de-escalating those conversations, highlighting problems but also highlighting solutions, de-dramatising the conversation and underlining the importance of a human rights framework. I am deeply worried about the impact on the Good Friday Agreement, its institutions and its values in terms of what is being planned and what might emerge from a future British Government. Let me be clear: none of the members are in any doubt that the Conservative Party is clear on where it wants to go in the future relationship with the European Union. In Scotland and in other parts of the UK, people are asking themselves hard questions. On of the questions they are asking relates to whether other people want to go there as well.
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