Joint Authority Or Sovereignty Over The North, A Good Friday Agreement Mark II?

There has been a lot of speculation in recent weeks about the possibility of establishing joint-authority or sovereignty between Ireland and the United Kingdom over the UK-administered Six Counties. The Social Democratic and Labour Party (SDLP) suggested this proposal back in the 1970s and ’80s as a lasting solution to the then conflict in the north-east of the country, the so-called Irish-British Troubles or Long War. However it received a lukewarm response from Sinn Féin and the Irish Republican Army and short thrift from successive governments in Britain, whether Labour or Conservative. Latterly however, with the collapse of the power-sharing northern assembly and executive at Stormont, some in the SDLP and SF have been more positive in their pronouncements on the condominium-style option.

Sean Swan has written a short piece on the complex subject for the London School of Economics, starting with the Belfast or Good Friday Agreement of 1998, an umbrella term for related multi-party and inter-governmental peace-promoting treaties, and the possibility of it being supplanted with a return to “direct rule” by London (with thanks to Sharon Douglas for the heads-up):

…Direct Rule is incompatible with parity of esteem between the two communities. While it gives adequate recognition and protection to the Unionist community, it fails to do so for the Nationalist community.

The only form of Direct Rule which is compatible with the spirit of the Agreement is some form of joint rule by London and Dublin, whether the minimalist joint authority or joint sovereignty. Joint authority would be simple to institute and would meet the requirement for parity of esteem. Joint sovereignty would be more convoluted (and would require a referendum in the Republic), but has certain advantages:

  • It would help disaggregate sovereignty within these islands;
  • It would be a formal and permanent institutional recognition of the British/Irish nature of Northern Ireland;
  • It would help ensure a ‘soft’ border between north and south, and
  • It would help facilitate keeping Northern Ireland within the EU.

Under the joint sovereignty of Dublin and London, parity of esteem would be fulfilled and both communities would have a sovereign power with direct control over Northern Ireland to prevent any form of community-based discrimination. Under such conditions it could prove possible to reframe the Assembly without the consociational elements such as ‘designation’ and the requirement for ‘cross-community consent’. This might, or might not, allow for the emergence of ‘normal’ politics. At least the removal of the consociational elements would satisfy those liberal critics who saw in it the ‘institutionalisation of sectarianism’.

Below is an argument for joint-sovereignty from a final report issued in 1984 by the New Ireland Forum, an all-party assembly convened by the country’s major political groupings under the auspices of the government in Dublin. It’s aim was to find a long-term means of ending or pacifying Britain’s violent presence on the island. However its solutions, a unitary state, a federal/confederal state, or joint-authority were dismissed out of hand by the then UK prime minister, Margaret Thatcher, in her the infamous “Out, out, out!” retort. Her hawkish response condemned the peoples of Ireland and Britain to another two decades of warfare, despite the United Kingdom compromising its sovereignty over the Six Counties a year later with the Anglo-Irish Agreement of 1985.

CHAPTER 8
 

JOINT AUTHORITY

8.1 Under joint authority, the London and Dublin governments would have equal responsibility for all aspects of the government of Northern Ireland. This arrangement would accord equal validity to the two traditions in Northern Ireland and would reflect the current reality that the people of the North are divided in their allegiances. The two governments, building on existing links and in consultation with nationalist and unionist opinion, would establish joint authority designed to ensure a stable and secure system of government.

8.2 Joint authority would give political, symbolic and administrative expression of their identity to Northern nationalists without infringing the parallel wish of unionists to maintain and to have full operational expression of their identity. It would be an unprecedented approach to the unique realities that have evolved within Ireland and between Britain and Ireland.

8.3 Joint authority would involve shared rule by the British and Irish Governments. Although this could be exercised directly, there would be enabling provision for the exercise of major powers by a locally elected Assembly and Executive.

8.4 There would be full and formal recognition and symbolic expression of British and of Irish identity in Northern Ireland and promotion of the cultural expression of the two identities. Joint citizenship rights would be conferred automatically on all persons living in Northern Ireland, resulting in no diminution of the existing rights of Irish or British citizenship of persons living in Northern Ireland.

8.5 A comprehensive and enforceable non-denominational Bill of Rights for Northern Ireland would be promulgated ensuring the protection of both individual and communal rights and freedoms.

8.6 The overall level of public expenditure would be determined by the two Governments. Problems of external representation of Northern Ireland would be resolved between the two Governments.

8.7 Under joint authority the two traditions in Northern Ireland would find themselves on a basis of equality and both would be able to find an expression of their identity in the new institutions. There would be no diminution of the Britishness of the unionist population. Their identity, ethos and link with Britain would be assured by the authority and presence of the British Government in the Joint authority arrangements. At the same time it would resolve one basic defect of (a) the failed 1920-25 attempt to settle the Irish Question and (b)the present arrangements for the government of Northern Ireland – the failure to give satisfactory political, symbolic and administrative expression to Northern nationalists. Structures would thus be provided with which the nationalists in the North could identify, which might reverse their progressive alienation from existing structures. Security arrangements in which for the first time both nationalists and unionists could have confidence could be developed, thus providing a basis for peace and order. The climate would thus be created for the emergence of normal political life, of compromise and of mutual confidence based on security in the reciprocal acceptance of identity and interests.

Advertisements

7 comments

  1. What examples are there of condominia? I remember hearing about a British/French condominium over some Pacific islands, but that would have been a colonial set-up, probably with little involvement from the locals.

    In N.I. it would be a way to move to de-facto unification with Britain’s de-jure involvement acting as a fig-leaf to save face. In effect to cover their retreat as UK involvement was gradually reduced over a period. Sneaky, but then that’s politics, and miles better than violence and yet more strife.

    1. Wikipedia has a list. That is how I would see it. We would have de facto reunification of the 6 Cos. with the rest of the country behind continued (or transitory) de jure UK rule over the disputed region.

      An elegant solution. As a republican, it is one I could live with for the foreseeable future and what the 1998 GFA should have given us (which some people were persuaded into believing would happen).

  2. Very good. I would like to see Ireland move forward. This would be a solution.

    Looked at the list of past examples and was impressed with the duration of some, 300 and 500 years.

  3. The one and only way for lasting peace in my country is for Britain to leave. End off. No namby pamby agreement between the west Brits in the free state and Westminster will work. Get out and stay out. But before you go beg the forgiveness of the Irish people for centuries of abuse and murder inflicted on them. When the Brits are prepared to acknowledge the fact that they are the problem and not the Irish people, protestant, catholic and desenter then and only then will Ireland be truly free. As the mass murderer Churchill said he could not figure out the Irish for not wanting to be English. Now is not the time to lie down and be screwed by his likes again.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s