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

Mr. Mark Bassett:

I thank the Chair and the committee for this chance of discuss the report. In the report, we have tried to identify the relevant aspects of EU law which concern Irish unity. We have looked at the position adopted by the institutions and the matters which might require further work within them. We have made some suggestions on how that could be addressed. In the report, we set out that the EU has confirmed that the process of Irish reunification would be considered a matter of public international law, comparable to German reunification. Ireland is a member state of the European Union. In the eventuality of reunification, the borders of the State would change but there would be no need for a treaty amendment or approval by any of the institutions.

We have also set out some of the issues with which the European institutions could assist both the Irish and British Governments. One important one is the rights of British citizens resident in a united Ireland under European Union law. We make the argument that there should be no requirement that those citizens take up the option of Irish citizenship.

Another matter addressed in the report is the consequences for a united Ireland in the context of economic and monetary union. We suggest that the institutions should identify possible problems and suggest necessary supports as well as exceptions from European Union law on economic co-ordination.

We have also looked at some of the ways in which the institutions, including the European Parliament, should consider ensuring the democratic rights of all citizens in a united Ireland are best addressed. We have looked at possible changes in representation.

All of these are set out as suggestions at this point. Some of the recommendations have made their way into the withdrawal agreement. The report contains some recommendations that the institutions could take up and begin work on themselves in these certain subject areas.

I again thank the Chairman and the committee for the opportunity to present this report.

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