Oireachtas Joint and Select Committees

Tuesday, 30 March 2021

Joint Oireachtas Committee on the Implementation of the Good Friday Agreement

Working Group on Unification Referendums: Discussion

Dr. David Kenny:

I will comment briefly on the constitutional question around Article 3, which I believe is a very interesting point. Article 3 of the Irish Constitution obviously establishes something of a national aim in respect of pursuing unification. The way it is sometimes phrased is setting a national aim. The question is how that might instantiate in practical action. In the interim report, we do not suggest it provides a great deal of specificity. We suggest it would place a duty on the Irish Government to hold a concurrent referendum under the Good Friday Agreement if the Secretary of State for Northern Ireland decided to call a referendum in the North. Beyond that, it is slightly challenging to suggest it can place very specific duties on the Irish Government to take any particular steps in respect of planning. What that constitutional duty might require would have to be carefully worked out as a matter of politics . It is fair to say there are at least some consequences of that constitutional duty, let us say, an obligation to have a concurrent referendum.

I would be loath to suggest it could suggest very specific action beyond that as a matter of law, though as a matter of politics certainly that could be persuasively argued.

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