Suspension
of agreement leaves Ahern in constitutional dilemma The Taoiseach has sound
constitutional grounds for concern over the suspension of the Belfast Agreement,
writes Geraldine Kennedy, Political Editor
From IRISH TIMES February 15th, 2000
The context in which the Belfast Agreement was so overwhelmingly endorsed
by voters is as important as the constitutional changes proposed. The British
government was committed to changing Section 75 of the Government of Ireland
Act, 1920, the clause which went to the core of Britain's statutory chain
of title to the sovereignty of both parts of Ireland, and replacing it with
the principle of consent in Northern Ireland. This proposal was revolutionary
in British constitutional terms. Northern Ireland was given a unique status
within the UK because, for the first time, the people, rather than parliament,
became sovereign and supreme. The Belfast Agreement established a new legal
relationship between Britain, Ireland and Northern Ireland without changing
its constitutional status as part of the United Kingdom. For this reason,
the Taoiseach can claim, with justification, that the unilateral suspension
of the institutions of the Belfast Agreement by the Northern Secretary,
Mr Mandelson, is a cause for constitutional concern. Leaving aside the amendments
to Articles 2 and 3, which are permanent now, there is no expressed provision
in the Constitution to provide for the suspension of devolved powers from
the North-South Ministerial Council to a group of North-South civil servants.
The will of parliament is supreme in the UK, but the British-Irish Agreement,
enshrining the Belfast Agreement in the Constitution, was passed by referendum
in Ireland. The will of the people on divorce, for example, was exercised
by a tiny margin in a referendum and the government of the day, irrespective
of its view, did not have the power to postpone, or suspend, that decision.
The Taoiseach has sound constitutional grounds for concern about the British
parliament's decision to suspend the institutions of the Belfast Agreement.
At the same time, however, it must be said that the Taoiseach's benign interpretation
of the IRA's latest statement to the Independent International Commission
on Decommissioning was not envisaged in the 1998 referendum. Voters were
led to believe, at the time of the historic referendum, that the IRA was
committed to decommissioning its arsenal by May 22nd, 2000. They have only
now been informed, by the Taoiseach yesterday, that the de Chastelain commission
believes, for the first time, that decommissioning will happen. There is
no detail on how, or when. |
