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

Photo of Jennifer Carroll MacNeillJennifer Carroll MacNeill (Dún Laoghaire, Fine Gael) | Oireachtas source

I will go first, followed by Senator Currie and then Senator McGahon. I thank our guests for their engagement with the committee today. Unionist members and all MLAs and MPs from all parties are welcome to be on this committee. We wish they would participate, but I can imagine it is difficult for them when the conversation, as it is today, is dominated by an inevitability of a unity referendum. It was mentioned that no date has been set but the witnesses are already on record as suggesting 2023 as a possible year for such a referendum. That is very close. I do not believe we are anywhere near ready for that. I note that today that date has been mitigated to within ten years. These are presuppositions that I do not believe are there. I do not agree that the comparison between Germany and Ireland is valid, historically, constitutionally or in terms of identity. I reject that part of the report. I do not think it is the same thing. In Germany, there was not a large group of people on one side who have a distinctly different identity and a different constitutional preference. There is not the same work on identity and humanity over other constitutionalities that would need to be done here as in the case of Germany. I reiterate the point made by Senator Blaney in that regard.

I find the report lacking in its concern in regard to not just the identity and political concerns of unionists but the rights-based concerns, despite that it focuses a great deal on that issue. In regard to the constitutional structures that may be appropriate or relevant, either at an Irish constitutional level or recognising those rights-based concerns from an ECHR perspective, while pages 66 to 69 acknowledge it, I believe the entire report needs to be infused with this idea rather than the inevitability of the constitutional structure changing. There is a supposition in the report that we must think about unity now and that because lots of people are talking about it means everybody is engaged in it. I do not believe that is so politically. As Senator Blaney said, to do so may be significantly counterproductive to those who would want an Irish unity referendum soon. What are the consequences of having that referendum in 2023 or 2028 and people not participating in it and the turnout being low? I appreciate and fully understand the constitutional and legal rules that are there, but what are the political ramifications of this? What is the legitimacy of any such referendum? What are the consequences of having such a referendum in those circumstances and losing? What are the legal, political and social consequences of those things?

We do not have sufficient engagement with unionists at the moment. To be honest, I think it is a bit premature. I am interested in hearing the witnesses' responses to my questions. Senator Blaney asked about the engagement with unionist politicians on this report. I am also interested in hearing about that.

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