Seanad debates

Thursday, 7 February 2008

The 70th Anniversary of the Constitution: Statements (Resumed)

 

11:00 am

Photo of Eoghan HarrisEoghan Harris (Independent)

On the day that is in it, it is worth pointing out that one of the valuable provisions of the Constitution is Article 38, which provides for special courts. I do not want to rain on the peace process but it produces platitudes from time to time. It is good to examine the credit and debit sides. On the credit side, there is the Taoiseach's visit to Dundalk to meet the First Minister and Deputy First Minister of Northern Ireland in the same week as the meeting at Ballymena. On the debit side, there are three areas: basic sectarianism that still exists and that perturbs thoughtful people on all sides; the ongoing sore of the Border, where smuggling creates a culture of paramilitary criminality resulting in the murder of Mr. Paul Quinn, whose parents are in the other House in pursuit of their campaign for justice; and the very serious threat by the Real IRA to re-open its campaign.

I do not wish to be negative but there is a tendency in the Republic, particularly when one resides more than 50 miles from the Border, to see the Northern Ireland situation as done and dusted. It is far from that. We know from our history of the capacity of the IRA tradition to revive and reassert itself.

The Constitution has played a major role in helping to erode the more savage side of Irish nationalism. The decision to amend Articles 2 and 3, the constitutional claim on Northern Ireland, has done much to ease Unionist fears and make them receptive to dialogue with the Republic. However, the Constitution also has a harder side in Articles 38. From time to time it behoves the State to remind those throwing down challenges to it that the steely side of the State exists. When the Real IRA threatens to re-open its campaign when permanent peace seems in our grasp, the State should formally reply to the Real IRA that the Government will reopen the extensive apparatus available to it in the Constitution to put the organisation out of business. If it means re-opening the Curragh, that should be done.

The trouble with the Real IRA is not so much the hardcore element, which is oblivious to appeal from rational people on all sides of the Irish nationalist tradition, but the spear carriers, those who provide safe houses, those willing to drive a car or store materials for the organisation. These people should be reminded that the State takes a grim view of their activities.

The Real IRA is a serious threat. I take Suzanne Breen's articles very seriously and my independent information is that the organisation is busy re-organising and re-arming. Before it gets to the stage the Provisional IRA reached, it should be nipped in the bud. The Constitution provides a range of methods, including the use of special courts, to do so. Those who support the Real IRA should be aware that there are jail terms and consequences to that support.

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