Oireachtas Joint and Select Committees

Tuesday, 16 February 2021

Joint Oireachtas Committee on the Implementation of the Good Friday Agreement

The EU and Irish Unity - Planning and Preparing for Constitutional Change in Ireland: Discussion

Professor Colin Harvey:

I thank the Chairman and members for the invitation to appear before the committee. I look forward to our discussion. The report was published in October 2019.

As members will be aware, there have been several significant updates since then and key developments. It is our view that the key conclusions and themes of our original report still stand.

The context for the report and the discussion today is a broadening debate about the constitutional future of this island. To assist the committee, we have submitted a range of background reading. Members will be aware that not a day goes by without a new report, comment or initiative emerging around this debate. In particular, we have given the committee some evidence about significant civic initiatives such as the work done by Ireland's Future.

The title and focus of our original report was deliberate. The focus of our work is on planning and preparing in a responsible way for the change that we feel is likely to come on this island over the course of the next decade. We very much welcome the growing recognition of the need for planning and preparation, along with the proliferation of projects and initiatives around this question, whether those are civic, academic or governmental.

We need to frame our report. We intended essentially to mainstream and normalise the conversation. The Good Friday Agreement contemplates reunification. There is an international legal underpinning of the right to self-determination. It is recognised in the domestic constitutional law of both states. It is acknowledged in the Irish protocol and it has gained international recognition, all of which was comprehensively endorsed on this island on 22 May 1998.

We are essentially talking about commitments that have already been made. We are talking about obligations that are there now. We are also discussing taking forward what is an agreed process. I am attempting to underline that what we are saying is rather a banal and boring point which should be of surprise to no one. This is about taking forward things that have already been agreed.

The report was published in 2019. Mr. Bassett, others and I have produced subsequent work where we have tried to help and assist those working in this debate by outlining the framework and answering some questions around principles. We are trying to address what we believe a good faith interpretation of the Good Friday Agreement requires in an attempt to assist all of those who are increasingly involving in themselves in this conversation.

Our report also highlights the role of the European Union, its institutions and member states. We very much hope that our work is in some way helpful to what is a growing conversation across this island, its future and constitutional change.

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