John Bruton

Opinions & Ideas

Category: Ireland (Page 1 of 6)

WHY THE EU HAS DIFFICULTIES WITH THE CHEQUERS PROPOSALS

The Chequers proposals of the UK Government were a genuine, if belated, attempt to reconcile the expectations of the British people with EU realities.

But they ran into difficulty for the following reasons. If Chequers remained an opening negotiating position, it might have started a useful conversation.

  1. But , under the pressure of domestic UK politics,  Prime Minister May soon made it a “red line” position, and thus no longer negotiable.
  2. From an EU perspective, Chequers was problematic because it would have meant the EU giving up control of its trade borders, and subcontracting that to a non member, the UK. It would have provided for a common rule book for the quality of goods circulating, via the UK, into the EU Single Market, but the UK Parliament would still have retained the option of not passing some of the relevant legislation to give effect to this rulebook. Furthermore, it would not have been bound to accept the ECJ’s interpretation of what the common rules meant.
  3. It would have meant the UK opting into some bits of the EU Single Market, but not all, and that precedent would have created immediate demands for exceptions from other EU members and also from Switzerland and Norway.

It does not require much political imagination to see that these aspects of the UK proposal were going to be a hard sell in the parliaments of some of the 27 countries. And if just one of them said NO to an eventual EU/UK trade deal, there would be no deal. Each has a veto.

GOVE THEN UNDERMINED THE CHEQUERS LINE

To make matters worse, a collectively responsible member of the UK Cabinet, Michael Gove  suggested that the UK might agree a Withdrawal Treaty on the basis of the Chequers approach, but later, once out to the EU, abandon it, and do whatever it liked. This would put Mrs May in a position of negotiating with the EU in bad faith. It also raised doubts that, even if the EU side accepted Chequers, the UK government could not carry it through.

DOUBTS  RAISED ABOUT THE IRISH BORDER COMITTMENTS

Gove’s intervention also cast doubt the genuineness of commitments the UK had given on the Irish border.

In a Joint Report of 8 December 2017, the UK agreed to respect Ireland’s place in the EU and all that entailed, and that there would be no hard border in Ireland. This was to apply

“in all circumstances, irrespective of any future agreement between the EU and the UK”.

When the UK declined to translate this commitment into legal language for the Withdrawal Treaty, the EU side began to wonder if the UK wanted to delay dealing with Irish border problem until the last minute, hoping to table a proposal on a “take it or leave it” basis, and that the EU would not then jeopardize the whole deal over a place as small as Ireland!

Unsurprisingly, this shifting UK approach was not accepted by the UK’s EU partners, when they met in Salzburg.

The UK should not have felt “humiliated” by this. The EU is a complex institution, with 27 different countries.

ANY DEAL WILL HAVE TO APPROVED BY 27 PARLIAMENTS

As I said the parliaments of all 27 of them will have to ratify any eventual trade deal the UK. Let us not forget that EU found it hard to ratify its trade deals with Canada and Ukraine, because of objections in Wallonia and Netherlands respectively.

But before starting to negotiate a trade deal, the UK must first agree the terms of its withdrawal from the EU.

The Irish border question is central to this.

THE HARDER THE BREXIT, THE HARDER THE BORDER

The harder the UK Brexit, the harder will be the resolution of Irish border problem.

The further the UK negotiating demand goes from continued membership of the EU, the harder it will be for it to fulfill the commitments it has given on the Irish border.

If the UK decided to leave the EU, but to stay in the Customs Union, the Irish border questions would have been minimized.  But the UK has decided to reject that, because it hopes to be able to make better trade deals with non EU countries than the one it already enjoys as an EU member.

The UK has also rejected joining the European Economic Area (the Norway option), which would also have minimized the Irish border problems, because it would mean continued free movement of people from the EU into the UK .

In each decision, Ireland was given a lower priority than the supposed benefits of hoped for trade agreement with faraway places, and of curbing EU immigration.  This was short sighted.

Future trade agreements that might be made with countries outside the EU are neither as immediate, nor as beneficial to the UK, as maintaining peace and good relations in the island of Ireland, or as  the 70 or more trade agreement the UK already enjoys as an EU member, which it will lose when it leaves.

EU immigration to the UK, if it ever was a problem, is a purely temporary and finite one.

Already the economies of central European EU countries are picking up, and, as time goes by, there will be fewer and fewer people from those countries wanting to emigrate to the UK to find work.  These countries have low birth rates and ageing populations, so there is a diminishing pool of potential emigrants.

Again, I believe that solving this, largely imaginary, EU immigration “problem” is less important to the UK, in the long run, than peace and good relations in and with Ireland .

If, as is now suggested, the UK moves away from Chequers, and looks instead for a Canada style deal with the EU, the Irish border problem will become even worse. Mrs May has recognized this and this is why she rejects a Canada style deal..

A Canada style deal would mean the collection of heavy tariffs on food products, either on the Irish Sea, or on the Irish border. Collecting them on the 200 mile long land border would be physically impracticable, so the only option would be to do it on the Irish Sea.

Either way, the all Ireland economy, to which the UK committed itself in the Joint Report, would be irrevocably damaged. The economic foundation of the Belfast Agreement would be destroyed.

CONSERVING WHAT WE HAVE SHOULD BE THE GOAL OF A CONSERVATIVE PARTY

It is time for the Conservative Party to live up to its name, to be truly conservative, and conserve the peace we have so successfully built on the twin foundations of the Belfast Agreement and the EU Treaties, to which the UK committed itself in 1998 in the case of the Belfast Agreement,  and in 1973 in the case of the EU Treaties.

LIFE IS THE PRIMARY HUMAN RIGHT

Speech by John Bruton, former Taoiseach, at the Pro Life Education dinner in the Clayton Hotel, on Saturday 8th September at 8pm

LIFE IS THE PRIMARY HUMAN RIGHT

I know everyone here feels a deep sense of disappointment at the decision the people took to remove the protection of the lives of unborn Irish boys and girls from the constitution.

The arguments advanced by those of us who favoured retaining the 8th Amendment were valid, and remain so.

They were philosophically coherent, and expressed a thought out value system, that protects the weak and the voiceless.

It is a value system that is based on respect for humanity and human life, and on the dignity and equality of each human person and not just on sentimentality or good feelings. It is never compassionate to end the life of an unborn baby.

There was no engagement, by the proponents of Repeal, with the question of when life begins, with when a human life should be recognised as a person, and hence when it ought to acquire human rights. That question was too difficult, too profound, so it was effectively ignored in the preparation of the abortion Referendum, in the Citizens Assembly, the Oireachtas Committee and the Dail and Seanad debates.

This is notwithstanding the fact that modern ultrasounds enable us to see the humanity of an unborn baby in ways that previous generations could not.

The pro life case recognises that there are responsibilities as well as rights, and  is, as I have said, based on a coherent value system.

Rights and responsibilities sometimes conflict with one another, and choices have to be made.

A value system is what then helps us make these, often very difficult, decisions, as individuals, and as a society. It provides the basis for a hierarchy of rights and responsibilities

In real life situations, some rights have to get priority over others.

The pro life case is that the right to life is the primary right, because, without life, one simply cannot exercise other rights. It flows from that that the primary responsibility, of the state, and of each of us as citizens, is to protect life.

Proponents of abortion either put other rights ahead of the right to life, or do not recognise a life before birth as human with human rights, at all.

A clear hierarchy of human rights is replaced by pure pragmatism. Everything is contingent, nothing is fundamental.

I do not think that is what the Irish people intended, but it is where we have arrived.

WHAT TO DO NOW….CREATING A SUPPORTIVE ENVIRONMENT FOR LIFE

Now that the law is being changed, and the criminal law will no longer be a factor deterring abortion, we have to consider other ways of avoiding the abortion of Irish babies.

There is a positive agenda to be promoted here.

We must continue to work vigilantly at legislative level, within the new constitutional dispensation. And there is much that can be achieved in the immediate future, as I hope to show in this speech.

But, even more, if we are  reduce abortions in future, we must work to building a climate of opinion, within families and in the wider public, that  will support women in making the courageous decision to allow their child to be born.

We must create a supportive environment for life.

That can be encouraged by public debate, and by conversation with friends. People who believe unborn babies are human, and should enjoy some basic human rights, should not be afraid to take part in these conversations. Whatever their view of whether abortion should be a criminal offence, many people will agree that babies before birth are human, and that they should be allowed to be born.

Creating a supportive environment will also involve solving the housing crisis, because the non availability of affordable housing is a deterrent to bringing a new life into the world. Those who object to new housing developments in their area should ask themselves if their objections are consistent with their pro life convictions.

Creating a supportive environment for new life will also involve giving greater recognition to the cost of rearing children in both our welfare and our tax codes. Children are recognised in the welfare system, but not in the tax code. The child tax allowance was abolished many years ago, while the tax allowance or tax credit for adults living in the same household has been steadily increased.  That was perverse.

In light of the ageing of our society, and the costs that will entail for families and the tax paying public, we should regard financial supports for families with children  both as socially progressive, and as an investment in our own future.

Creating a supportive environment for life will also involve making sure that adoption is made as accessible as possible to those who feel they cannot keep their baby.

The pro Life movement here should also look beyond Ireland in its efforts to protect life.  It must be inclusive.

Scandalously high levels of infant mortality in Africa are a pro life issue too.

The Irish Pro Life movement should continue to involve itself in the debates about what constitutes a human right, in the Council of Europe and in the in UN Agencies.

At the moment, these bodies take a very narrow view, regarding life before birth as not really human, and as undeserving of protection. That can, and should, be changed by good philosophical, legal, and medical arguments.

Indeed, one way to influence Irish legislators and courts to take a more inclusive and generous interpretation of the right to life here may well be to get the UN and the Council of Europe to take a more generous and inclusive view.

PROTECTING THE RIGHT OF CONSCIENCE AND RELIGIOUS FREEDOM

Religious freedom will need to be defended in the Termination of Pregnancy legislation, prepared by Minister Simon Harris, and soon to be debated in the Oireachtas.

No person, medically qualified or otherwise, should be forced by the threat to his/her employment, or of criminal sanctions, to be involved in the ending of a human life, against his or her religious convictions.

Article 44.2.1 of the Irish Constitution guarantees, subject to public order and morality,  the “free…..practice of religion”.

I would argue that “free practice of religion” is not confined to what one does inside the walls of a church, mosque or synagogue, but extends to daily life.

So a law that forces someone to take part in, or to facilitate, an action that that person believes is contrary to a deeply held religious conviction could be in conflict with Article 44.2.1.

Head 15 of the proposed Termination of Pregnancy Bill recognises this, in so far as it says no doctor, nurse of midwife shall be compelled to “participate” in carrying out an abortion.

Other hospital staff are not granted any such protection for their consciences, even though their participation may be also crucial to the ending of the life of the baby.

They too could be considered to be aiding and abetting an abortion, but they are to enjoy no protection for their consciences. That aspect of the Bill should be changed.

The concept of “aiding and abetting”  is well understood in Irish law .

Head 15 of the Bill requires a doctor, who has a conscientious objection to doing an abortion herself, to “make arrangements to transfer the care” of the woman to a doctor who will do it. This is aiding and abetting the abortion, and there is no conscience clause here either.

Given the amount of information on the internet, or likely to be available there in future, I believe this transfer requirement is unnecessary. Those seeking an abortion can find a doctor who will do it, without forcing a doctor, who objects to abortion, to aid and abet them.

I fear that doctors who are known to oppose abortion will be targeted under this clause by people wishing to catch them out and put them under threat of criminal prosecution because of their religious or human rights beliefs. There have been examples of this sort of targeting in other fields, where there are strong but conflicting views in the population.

Rather than place this burden on doctors who believe abortion is wrong, it would be more sensible to publish an affirmative list of those who have no conscientious objection to doing abortions.

Head 20 of the Bill provides for a body corporate to be prosecuted, and for directors, managers and secretaries to be prosecuted and punished.

So a hospital that declines to carry out abortions in accordance with the Bill could see its directors, and managers gaoled for up to 14 years for declining to do something that may be against their religious consciences, and which was itself illegal for the last 150 years or more. Again this is of questionable constitutionality.

ABORTION……… WITHOUT LIMIT AS TO AGE OF UNBORN BABY

There are other areas where amendments to the Bill should be promoted. Here the focus should be on Head 4 of the Bill, and on the definition of when an unborn baby is “viable” and should have a right not to be killed under Head 4.

“Viability” is defined as the point in a pregnancy when the “foetus” is capable of survival outside the womb without what are called “extraordinary life saving measures”. This is a very loose definition.

“Extraordinary life saving measures” are taken successfully in hospitals every day to save the lives of babies and adults.

Under the proposed legislation,  the possibility of taking such life saving measures- even though they would be regarded as routine in the case of premature babies- must be ignored in deciding whether  an unborn child could be capable of life outside the womb. To use such a definition, as a basis for ending life, is to do violence to the ethics of the medical profession.

Under Head 4 it will be permissible to end the life of what is deemed a non “viable” baby , at any stage in the pregnancy, if allowing the baby to be born would pose a” risk” of serious harm to the mental  health of the child’s mother.

Again this is a very loose ground for ending a life.

It involves the doctors in making a prediction about the FUTURE mental health of the mother after the baby might have been born.

Whatever about adjudicating about present mental health, deciding about future mental health is completely speculative. And on the basis of that speculation, a baby’s life is to be ended.

Indeed it is arguable that having an abortion is more likely, at some stage in the future, to trigger mental problems.

Furthermore there is nothing in the Bill to say that a qualified psychiatrist would have to be involved in making this life ending decision on the basis of an alleged threat to mental health.

These examples show that there is much constructive work to be done in preparing amendments to this Bill. The government does not have the votes to use the guillotine to close off debate on this, so there is plenty of scope for people here to explain what is at stake to their TD’s and Senators in a respectful and constructive dialogue.

LOOKING BACK AT THE REFERENDUM DEBATE….LESSONS FOR IRISH SOCIETY

I would now like to look back at the recent referendum debate and see what can be learned from it.

The reaction of those who won the Referendum was not always magnanimous, or respectful of the pluralist nature of Irish society and Irish values.

For example the Minister for Health, speaking in the Dail after the Referendum, on 31 May, did not seem to me to display the balance, and attentiveness to other points of view, that one would like to see in someone who will be deciding on the detailed content of the Termination of Pregnancy Bill.

He spoke of the Referendum result inaugurating what he called “a brighter Ireland”. It will not be a bright Ireland for the little babies who will have their lives ended before being allowed to see the light of a single Irish day.

He talked of the Referendum result “consigning a misogynistic legacy to the history books”. He did not seem to reflect on the fact that half the babies whose lives will be ended before birth will be girls. Those little girls will face the most extreme form of misogyny.

He claimed the “Yes” campaign was built on a “coalition of compassion”.  He thus seemed to imply that those who voted “No” are not compassionate. Maybe that is not what he meant, but nothing could be further from the truth.

He spoke of the Referendum meaning that we are “maturing into a tolerant, non judgemental, inclusive Republic”.  The Minister’s own speech was rather judgemental, and not particularly tolerant of those who sincerely disagree with him on the issue of abortion.

I hope that this was just elation, in the immediate aftermath of winning a political battle,  and that he will now show tolerance and inclusiveness, when considering amendments to the legislation he has proposed.

In a mature Republic, one would listen to, and deal respectfully with, the arguments and values of the other side, on any important issue. That did not happen during the years of preparation of the Referendum, and the mantra of “Compassion” was deemed sufficient to end all argument about the basic question of when life begins, when a life becomes a human, and hence when it ought to acquire human rights.

WHAT ARE THE NEW SHARED VALUES OF IRISH SOCIETY?

It is unclear what the new shared values of Irish society are to be. The Referendum did not end the debate.

If life is not the primary value, what is?

To fill that vacant space, and drawing on the most modern medical knowledge, the pro life arguments will need to be made, over and over again, to the young people of Ireland and to the generations that will succeed them.

These arguments, if repeated often and courageously, will remain in people’s minds, and will influence the private decisions that Irish women, their partners, and their loved ones will make in future, as to whether to accept a new person into their family circle, with all the responsibilities, joys and sacrifices that that entails.

UNACKNOWLEDGED CONTRADICTIONS

There are contradictions that still need to be resolved.

The recent Referendum decision sits very uneasily beside the deep and genuine concern, expressed in all quarters, for the welfare of boys and girls AFTER they have been born, and the strong laws we have passed to protect them.

It also sits uneasily beside the expressions of concern about where and how babies, who died fifty years ago in Mother and Baby homes, were buried.

Where, and how, will the supposedly non “viable” babies, who will be aborted in Irish hospital be buried? What care will church and state take to ensure that they are buried with dignity? Or will they be treated as mere hospital waste?

Human Rights organisations justly pride themselves in speaking up for the rights of those who cannot speak for themselves, or for those whose voices are not heard, because they are politically powerless, or simply unpopular.

But, in Ireland in the recent referendum, that did not really happen.

Irish human rights organisations ignored unborn children as if they were “unpersons”.

When the unborn child has its life deliberately ended, it is not presented as a victim.

Apparently it is only victims who survive who count.

But every abortion involves a death, a victim.  A victim that never gets the chance to become a survivor!

For me, every person counts, whether the person be born or unborn, visible or invisible, mute or eloquent, here or abroad.

THE FACTORS THAT SHAPE PUBLIC OPINION, AND THE RISKS THEY ENTAIL

If we are to use Referenda to make big decisions, we need to make sure that voters are fully equipped to do their job as citizen legislators.

What influences shape Referendum decisions, whether on Brexit , abortion, or children’s rights?

One needs to know to what degree emotion trumps rational argument.

One needs to know if people will examine each issue on its merits, or if the main driver is a desire to conform to some notion of what is modern and progressive.

There can be a conformist consensus in the media.

Professional Journalists are forced to report, under tight deadlines, on many things of which they cannot be expected to have a deep knowledge. So they write their reports to fit into the existing consensus among their journalistic colleagues.

The result is  often superficiality, one sidedness, conformity and dogmatism.

That sort of conformism contributed to development of the Celtic bubble.

It also drowned out prolife arguments in recent times.

On  social media, people tend to congregate in online communities where they only come across opinions with which they already agree. Thus social media can aggravate the tendency in the print media towards superficiality, one sidedness, conformity and dogmatism.

In these circumstances it is hard for those with unfashionable views to get a look in. This is not good for the quality of our democracy.

WE NEED TO THINK ABOUT THE MEANING OF HUMAN RIGHTS

To say a child has full human rights after birth, and none before it, is unscientific and inherently contradictory.

How then did the Irish public come to decide to end the constitutional right to life of an unborn child in Ireland?

It came down to the question of visibility.

The mother of the unborn baby, and the dilemmas she faces, were and are visible .

The unborn baby is invisible.

But, if one puts visible suffering above invisible suffering, one is no longer applying a universal moral standard.

I believe the whole notion of universal human rights rests on the assumption that there is such a thing as a universal moral standard. That is why I found the attitude of Irish human rights organisations, in the Referendum, troubling.

I say it again. There IS a hierarchy of rights and responsibilities. The right to life should be at the top of any hierarchy of rights.

 

CONCLUSION

I conclude saying there is much work to be done.

There will have to be a new approach, in a new context.

Yes, in the short term, one must continue to focus on what the laws says. The law is still open to amendment and that must be pursued with vigour.

But even more important must be the influencing of public opinion, over the longer term.

In recent years the number of abortions by Irish women has been falling.

Notwithstanding the change in the law, the number of abortions can continue to be reduced, if people are convinced that there is a better and more just way.

Lighting that way forward is the real route to a brighter Ireland.

 

WHAT DOES THE GOOD FRIDAY AGREEMENT REALLY MEAN?

HOW MIGHT THE CONSTITUTIONAL STATUS OF NORTHERN IRELAND BE CHANGED?

HAVE THOSE WHO CALL FOR IRISH UNITY REALLY THOUGHT ABOUT WHAT THEY MEAN?

 

I have just finished reading “Beyond the Border….the Good Friday Agreement and Irish Unity after Brexit” by Richard Humphreys. Richard Humphreys is an Irish High Court Judge and was a legal advisor to the FG/Labour/DL government.

The book explores the meaning if the Good Friday Agreement. It explains that its terms will still apply after Brexit, and would still apply, even if Northern Ireland ceased to be part of the UK and joined a united Ireland.

The Agreement’s requirements mean that the Stormont institutions, its protections for minority interests, and its requirement of respect for both identities would continue after unity.

The author favours Irish unity, but acknowledges that there will be a continuing UK interest in Ireland even if this happens.

He presumes there would be support for unity in the Republic. In this, he relies on Article 3.1 of the Irish constitution which states this to be the “firm will” of the Irish people, if consent has also been obtained in Northern Ireland.

He argues that a 50% +1 vote majority, in a poll in Northern Ireland, is sufficient to bring this about. Legally, this may be so, but that is hardly enough.

It is really surprising that the Brexit experience, of setting out on a major constitutional change, on the strength of a narrow majority in a referendum, has not prompted some rethinking on the author’s part.

He does not explore the extra taxation that might have to be paid by the southern taxpayer to replace the current UK subsidy to Northern Ireland, in the event that sovereignty moved from Westminster to Dublin.

Nor does he even mention the potential extra security provisions that would be made by the Irish taxpayer, to enforce Irish unity of any kind in places like Ballymena, East Belfast and Portadown (unless, of course, the locals wanted it). After all, effective democratic government requires more than just the will of the majority, it also needs, at least the passive, assent of the minority.

Faced with these realities, the “firm will” for unity in the Republic might not be so firm after all.

These omissions expose the limitations of a purely legalistic approach

Judge Humphreys deals with the things an Irish government would have to do to recognise the “British identity” of Unionists within Ireland.

He argues that these things should be done, in any event, and long in advance of any border poll, and not used as a bargaining counter in negotiations with unionists.

He suggests, for example, reactivating Irish membership of the Commonwealth.

He points out that, under the Good Friday Agreement in the event of unity, Unionists should be able to retain UK citizenship while also being able to avail of all the rights of Irish citizenship.

My own sense is that active East/ West cooperation on joint projects with Britain would be a big help to mitigate a Unionist sense of isolation, whether or not Irish unity is being contemplated.

In that sense the reactivation of the British/ Irish Intergovernmental Conference this week is an important step, especially as Brexit is otherwise going to wider the gulf between us substantially, hard border or not. Ireland and Britain need to think creatively about things we can do together, post Brexit.

One also has to ask whether the fact that the Irish constitution designates the Irish language, as the first official language, and the priority language for constitutional interpretation, is a provision that accord parity of esteem to the Unionist identity.

Irish nationalists have been successful in insisting that the upholding of the Good Friday Agreement be a central part of the EU negotiating position in the Brexit negotiations.

Are nationalist politicians in Northern Ireland are showing a similar commitment to operating their own part of the Agreement?

It is worth remembering what all parties are committed to. The Agreement says

“ We pledge that we will, in good faith, work to ensure the success of each and every one of the arrangements to be established under this agreement”

Given the difficulties there were in agreeing a budget for Northern Ireland, and given the collapsing of the Executive because of disagreements about the Irish language and Ulster Scots, one has to question the commitment of both Sinn Fein and the DUP to the Agreement and their respect for their pledge.

This is a serious book, and will prompt readers to examine their preconceptions about a topic that will be with us for years to come.

 

James Patrick Farrell


JP Farrell was an MP for West Cavan and later for North Longford from 1895 to 1918.

In this the centenary of the end of his parliamentary career it is right that his parliamentary service be remembered.  We should remember those who, like JP Farrell, lived for Ireland and not just those who killed or died for Ireland. Why is this?

WHAT SHOULD WE COMMEMORATE?

Commemorations are about shaping the future by selecting events from our past that provide useful guidance for the future.

We should reflect on something President John Kennedy once said.

He said a

“nation reveals itself  by the events it chooses to commemorate.”

Ireland today is a rule of law based, parliamentary, democracy. It has integrated itself with its European neighbours, by peaceful negotiation and compromise, without the use of force. It is militarily neutral, and the military power is subordinate to the civil power.

This is what we are.

Yet, if , year after year, we commemorate events in which people were killed, or where people took the law into their own hands,  and neglect what was achieved by non violent methods, we are ignoring President Kennedy’s advice. We are not reflecting what we are, or what we hope to be.

We are not only distorting our history, we are also providing poor guidance to future generations about how they should go about making Ireland a better and more harmonious place to live in the future.

That is why this event, commemorating a life of constitutional agitation and parliamentary service, is so important and timely.

SHOULD WE NOT PRIORITIZE PARLIAMENTARY AND PEACEFUL ACHIEVEMENTS?

We should instead seek inspiration from the, non violent, parliamentary  achievements of a century ago, of people like JP Farrell MP.

They include

  • the enactment of Home Rule,
  • the ending of landlordism ( a cause with which JP Farrell was particularly associated),
  • the establishment of the National University  
  • the introduction of old age pensions
  • the provision of public housing through the Labourers Acts and
  • National Insurance…

all parliamentary, and non violent achievements, in which the Irish Parliamentary Party of John Redmond, John Dillon,  Joe Devlin, and the man we remember today, JP Farrell played a big part.

If one scrutinises the record of debates in the House of Commons, now available on line, one gets a sense of the practical patriotism of the (unpaid) Irish MPs who travelled to London to represent their constituents and their country.

As we will hear from his great grandson and biographer, Dr Joseph Quinn, JP Farrell was a particularly assiduous MP.

He raised such issues in Parliament  as telephone connection to Longford, the division of estates by the Land Commission and the export of hay. He served this area very well.

He also had to overcome great hardships, being effectively orphaned at a very early age. As well as his service as an MP, he founded the “Longford Leader” newspapers and other business enterprises.

John Bruton, former Taoiseach, speaking  in St Mel’s College Longford after the unveiling of a plaque commemorating the  work of JP Farrell MP at 8pm on 31 May 2018

 

WHAT IS THE IRISH DEFINITION OF HUMAN RIGHTS?

ARBITRARY LIMITS BEING SET IN ABORTION  REFERENDUM DEBATE

What human rights should be protected in our constitution?

Is a right to life not the primary human right, in the sense that without it other human rights could not be exercised?

Who is human? If a baby before it is born is human, ought it have human rights?

These are the issues at the heart of the Referendum on the 8th Amendment.

In 1982, Garret FitzGerald, Leader of Fine Gael, told the party’s Ard Fheis;

“All life, whether of citizens or of people of other nationalities, whether born or unborn, should be protected by our constitution”.

This carefully worded statement was one of fundamental values, going to the heart of Garret FitzGerald’s, and Fine Gael’s, political tradition.

As one of his successors, I was often asked what Fine Gael stood for, and my answer was that the party stood for three things, for a society in which “every person counts”, for exclusively constitutional politics, and for European unity. I added that “every person” included babies before birth.

These three principles were consistent with, and flowed from one another. Protection of human life necessitated the avoidance of violent conflict in Europe, and also lay behind the party’s commitment to constitutionalism in Irish politics. Respect for human life, born and unborn, foreign or native, was at the heart of our entire approach to politics.

The idea that a constitution should protect human rights is, in fact, fundamental to our western civilization. Without a right to life, one cannot exercise any other constitutional rights. The right to life is thus the primary human right.

For example, the Irish constitution also explicitly recognises a right to freedom of expression, to one’s good name, to property and to elementary education.  But none of those constitutional rights can be exercised, if one had not first had the right to be born.

The Irish courts have gone further and have decided that the constitution creates other rights, not explicitly mentioned in the constitution, so called “unenumerated rights”.  These unenumerated constitutional rights include a right to marry, a right to procreate and a right to bodily integrity. Again, it would be impossible to exercise any of those rights, if one had not first had a right to be born.

It was also in that pro life spirit, that the Irish people also decided that the Irish constitution should ban the death penalty, even for heinous crimes. Our strong public, and private, support for life saving aid to Third World countries is also derived from the same pro life convictions among the Irish people. An avoidable death of a baby in Africa is a pro life challenge too.

Indeed, at the time the 8th Amendment was introduced, there were many who argued that it was not needed, because a child before birth would be deemed by the Irish courts to enjoy a right to life anyway, an unenumerated right so to speak, because without it, it would not be able to have to exercise the other rights to which it would be constitutionally entitled.

Unfortunately, that is not the way things have turned out. The Supreme Court has decided recently that a child in the womb has no rights at all, except the basic right to life contained explicitly in the 8th Amendment. Now even that may be taken away if a majority vote Yes on 25 May.

Abortion ends a life. Once it has happened there is no going back, no recovery. It is final.

Yes, there are tragic pregnancies, and difficult consequences flow from them. But at least there is some possibility to remedy, or alleviate, some of those consequences. But no remedy is open to the unborn child whose life is ended. It is over before it has properly begun.

The taking of the life of another, without its consent, can never be a private matter, for a woman or for a man. It is inherently a matter of public policy. Indeed, if human rights are to mean anything, any denial of the human rights of another person is necessarily and always a matter of public policy.

I have to say I have a real difficulty understanding the concept of human rights espoused by the proponents of abortion legislation.

It seems that some of them believe a baby, before birth, is not really human at all. Thus it would not have human rights, including a right to life. The idea here seems to be that, because an unborn baby is totally dependent on its mother, it is therefore not yet human, and has no human rights.

But dependency is part of life, and not a sound ground for denying the humanity of anyone. Babies after birth, and older people at the end of their lives, are deeply dependent too. They could not survive on their own.

But, to date, no one is suggesting they should not have human rights. If a two day old baby is human, and has a right to life, why not little girls and boys three months before they are born? What is the ethical and scientific basis for saying one has human rights, and the other does not?

I was very disappointed that the Oireachtas Committee was not asked to explore these fundamental questions of what it is to be human, who is human, and who should have human rights, before making its radical recommendations.

Without such a discussion, the referendum is premature. As a society, we must agree amongst ourselves on the basis and scope of human rights in Ireland, before making a decision to withdraw the most fundamental of all human rights from a section of our people.  We have not done that. That is why I urge people to vote “No” on 25 May.

BREXIT…AN ONGOING SOURCE OF FRICTION

“The problems of Brexit will not end, but will intensify, after Brexit day.

It is unclear in what the direction the UK is setting sail, but clearly it will be moving further and further and further away from its closest neighbours. This will have cultural and political, as well as economic, consequences.

The Withdrawal negotiations, and the negotiation of some kind of replacement UK/EU relationship, will divert limited talent and time from constructive purposes, in the civil services and parliaments of  all of Europe for years to come.

That is a tragedy, inflicted on all of Europe by one country, notwithstanding that country having had a voting say in the EU for the last 44 years.

It is not as the EU has not already enough to do, apart from Brexit, on issues like

  • migration
  • rule of law,
  • eurozone governance reform,
  • relations with Russia,
  • defence policy, and
  • the completion of the single market.

Ireland must contribute vigorously to EU action on all these questions.

We cannot just talk and think about Brexit, however tempting that may be.

I fear the negotiation of a new Agreement, which will take years, is liable to generate new sources of friction between, and within, both the EU and the UK. 

EU unity in the negotiations, and the initiative power of the Commission which underlies that unity, should be supported”

 

MRS MAY’S SPEECH

My first reaction, watching Theresa May’s speech, was that The UK is going to put itself, and all the other EU countries, to a lot of trouble, so that it can leave EU, and then simultaneously rejoin it in selected areas.

It wants a partnership with the EU on Customs, on state aid and competition, on transport, on energy, broadcasting, financial services, atomic power, aviation,  on the enforcement of court judgements and a long list of other fields.

As an EU member today, it already has a partnership with the 27 countries of the EU on all these things. This was worked out painstakingly over 45 years of UK membership of the EU. It now wants to tear that up and negotiate a new partnership on all these different questions. And it wants to get the job done within two years.

All this is being done in the name of “taking back control”, but it looks to me that, in many areas, control is being taken back, only to be given away again immediately. A lot of work, for very little product!

Just as Gordon Brown had five “tests” for joining the Euro, which were so loose that he could interpret them any way he liked, Theresa May has five tests for an acceptable Brexit outcome, which will mean different things to different people. In fact, they sounded more like the introduction to an election manifesto, than a prism through which to measure the success of a negotiation on some of the most technical and specialist of legal topics.

Originally the UK was promising a frictionless border in Ireland. Yesterday, Mrs May seemed to retreat from that, speaking of a border that would be

“as frictionless, as possible”.

Her idea of a Customs Partnership, to avoid a hard border in Ireland, seemed like a smuggler’s charter.

She envisages the UK having different rates of tariffs on goods entering the UK, to the tariffs charged on goods entering the EU.  That is the whole point of leaving the Customs Union. She then suggests that the UK would charge the UK tariff on goods “intended” for the UK, and the EU tariff on goods passing through the UK but “intended” for an EU country (most likely Ireland).

In this way, she hopes no customs checks would be needed at the Irish border, or in Irish ports. The scope for abuse, and exchanging of goods, seems to be unlimited here.  Consignments could be substituted for one another, and there would be no check on them when they crossed the Irish border. Such an arrangement would very difficult to police, and is unlikely to satisfy the EU Customs Code.

If the EU and the UK are to have different rates of tariff,  her idea of exempting what small businesses along the Irish border from any control at all seems like an invitation to smuggle.

Presumably, Mrs May will want the EU Customs Code amended to take on her ideas. But if that is done, similar concessions will be demanded along all the other borders to which the Customs code applies, such as the EU borders in Eastern Europe. Mrs May should not forget that whatever she negotiates will have to be approved by all 27 EU countries

The most valuable test that Mrs May wishes to apply to a Brexit agreement is that it should be one that would endure, and not require constant renegotiation.

But she said things elsewhere in her speech that will make it very difficult to pass that test.

She stressed that any Trade Agreement with the EU could be changed afterwards by the UK Parliament. That is a recipe for instability. At the moment the UK Parliament cannot over rule an EU rule to which the UK had previously agreed. After Brexit, that would longer be so, and, as result, business would know that everything about any future UK/EU trade agreement would be subject to the vagaries of British politics. British politics has already forced the UK to renege on 45 years of Treaty based agreements with the EU. So a mere Trade Agreement in future will not be a solid base for investment.

Every time the UK Parliament tries to go back on something in the Agreement, there will have to be a new negotiation.

Furthermore, Mrs May ruled out the UK Courts accepting the decisions of the European Court of Justice (ECJ) on many disputed matters. The best she could say is that the UK Courts would “look at” ECJ rulings, before making their own British decisions.  That means that UK interpretations will gradually diverge from standard EU/ECJ interpretations. When that happens, renegotiation will be inevitable.  

She advocated, instead of accepting ECJ jurisdiction, the idea of an “arbitration mechanism” that would be independent of the EU and the UK. That might work for a country which trades a limited number of products with the EU.  But Mrs May herself said that she wants an agreement with the EU that would cover more subjects that any trade agreement anywhere else in the world.

An arbitration mechanism, covering the vast range of EU’s dealings with the UK, if it is to be truly independent, would soon become a rival to the ECJ. It could develop a different interpretative philosophy to the ECJ.  That would undermine the common legal order of the EU, and is unlikely to be accepted.

One of the tests that Mrs May set for an acceptable Brexit, was that it would be one that would strengthen the Union between the four “nations” that make up the UK.

But the process of Brexit itself is having the opposite effect.  In the way the referendum was set up, a majority of English and Welsh “leave” voters were allowed to overrule “remain” majorities in the two other “nations”, Scotland and Northern Ireland.

The Brexit Referendum was a crude exercise for English power, to satisfy a purely English political agenda.

There is growing dissatisfaction in the devolved Assemblies, including even in Wales, about the way Westminster is making decisions on EU related matters, that are the prerogative of the Assemblies in Edinburgh, Cardiff and Belfast.

It is good that Mrs May’s speech, at last, got into some detail in her speech. This will have had some educational value for her Party. But the text of the Withdrawal Treaty is not yet agreed, and that must be done before the substantive negotiation can begin.

But the fact that the UK has not come up with a legal text of its own, to reflect the agreement Mrs May made in December  on the Withdrawal Treaty with Michel Barnier, but is still criticising the EU version virulently,  shows that we have long way to go on this unproductive and time wasting road to Brexit

 

The EU vote ignored Ireland, but the UK can still change its mind

Let me first try to explain why the handling of Brexit by the UK led to a crisis in Anglo-Irish relations. Treaties between nations are like contracts between individuals. They influence how each party behaves, towards one another and towards the rest of the world. While a contract or a treaty can be withdrawn from, there is a legitimate expectation that this will only be done with careful advance consideration of how this will affect the other parties to the treaty or contract. This is not just a legal expectation, but an expectation of the sort of civility that should apply in relations between people and nations.

One also takes for granted that, if the withdrawing party to a contract wants a new or different contract with the same parties, it will say in advance what it wants that new relationship to be. Even now, Ireland has no clear idea what sort of relationship, compatible with the EU rules the UK helped make, the UK wants with the EU, and hence with Ireland. As the country most affected by Brexit, there is thus deep disappointment in Ireland that our neighbour the UK has not been able, in respect of Brexit, to live up to the normal expectations I have just outlined.

Forty-four years ago, Ireland and the UK signed the same contract with one another, and with the seven other countries that then made up the European Common Market. We each renewed that contract several times, in the UK’s case with the sovereign approval of its parliament. We each expected that the others would continue to honour the contract and we shaped our institutions and our economies on that basis. In particular, when Ireland and the United Kingdom negotiated the Belfast and St Andrews Agreements, to resolve the ongoing conflicts in and around Northern Ireland, we each did so on the unquestioned assumption that the UK would continue to be an EU member.

We each assumed that the freedoms created by membership of the EU could continue to be used to strengthen relations between the two communities in Northern Ireland, between North and South, and between Ireland and Britain.

The renegotiation and referendum process that was initiated by David Cameron, which has led to Brexit, seemed to us in Ireland to have been designed in a way that took no account of the obligations and expectations the UK had created in Belfast and at St Andrews.

During the renegotiation phase, the Irish taoiseach, Enda Kenny, supported Cameron’s attempt to improve the special status the UK already had in the EU, even though some of the concessions the UK were given weren’t in Ireland’s interest.

Irish people saw other problems with the process that led to Brexit. The complex UK/EU relationship was reduced to a simple “Leave” or “Remain” choice. While it was clear what “Remain” meant, no effort at all was made by the government sponsoring the referendum to say what sort of “Leave” it would choose. So “Leave” became a vehicle for fantasies and wishful thinking of the most egregious kind. Explanations of the choices between different forms of Brexit – such as on whether to stay in the customs union and the single market – were left over until the people had already voted.

There was no deliberative process to inform public opinion, something one would have expected of the UK parliament, one of the oldest democratic deliberative bodies in the world. The referendum was not preceded by detailed green and white papers. In the absence of authoritative information, there was no informed debate about the impact of Brexit on the Irish border, and on hundreds of issues.

It is only in the past week that the UK government has started to consider the sort of post-Brexit relationship it will ask for. In doing so, it will have to take account of the fact that the EU works because it is a single legal order, with a single system that makes, implements and adjudicates on the meaning of shared EU rules. The UK has a sovereign right to decide what it would like, but it cannot expect the EU to change its very nature, just to accommodate a country that is leaving.

In preparing its proposal, the UK will need to take into account the Interlaken principles that govern EU relations with third countries, and the EU community customs code, both of which UK ministers helped to draft. When it has done this, the UK government can then compare the special position it already enjoys as a voting EU member, with what the EU will be in a position to offer it as a non-member. Then it can make an informed decision. We are each allowed to change our minds in our private lives if the issue is important enough. Nations might sometimes allow themselves the same privilege.

Opinion @ The Guardian by John Bruton

HOW THE IRISH CONSTITUTION OF 1937 CAME ABOUT, AND WHY IT HAS PROVED SO DURABLE.

A study of all constitutions promulgated since 1789, by the Chicago Law School, found that the average constitution lasted a mere 17 years before it was replaced. By that measure, the Irish Constitution, which will be 80 years old next month, has been a remarkably durable document. Indeed it is now one of the world’s oldest written constitutions.

Eugene Broderick, the author of this book on the subject, attributes the durability of the Irish constitutions to the fact that it can be amended by referendum and reinterpreted through court judgements. In that sense, the present constitution lives up to the standard set for a constitution by Eamon de Valera, in 1933 before he started preparing it, that it should be “not a cast iron constitution, but a flexible constitution”.

According to Broderick, most of the actual drafting of the articles of the constitution was done by the then legal advisor to the Department of External Affairs, John Hearne.

A REDMONDITE WHO WORKED WITH DE VALERA

Hearne is an unusual character. A native of Waterford City, he was a strong supporter of John Redmond, and helped his son, William Archer Redmond to defeat the Sinn Fein candidate in the Bye and General Elections of 1918. Hearne was a prominent public speaker in the campaigns, and earned a name as “the boy orator” of the Irish Party. He was one of a generation of young men, who would have risen to prominence in a Home Rule Ireland, but who had to find another way forward when Home Rule was buried by the violence initiated in Easter Week of 1916.

Hearne’s way forward was initially as a barrister, and then as a legal officer in the Free State army. In 1924, he joined the civil service and remained a civil servant until he retired in 1960. His first post was as Assistant Parliamentary Draftsman in the Office of the Attorney General. He became an expert in international constitutional law, and helped Free State Ministers, like Paddy McGilligan, and Kevin O Higgins, to loosen the bonds set in the Treaty and thereby move Ireland towards full independence, by exclusively constitutional methods. Many of the issues Hearne dealt with in the 1920’s, like the court that should decide final appeals, are coming up again, as the UK tries to unravel its 40 years of legal commitments with its EU partners.

When de Valera won power in the 1932 Election, he admitted that he was surprised by the amount of progress he found had already been made by his predecessors in enhancing the sovereignty of the Irish state.

DE VALERA FELT A NEW CONSTITUTION NEEDED TO A  SOVEREIGN, AND PURELY IRISH, ACT

But he still adhered to his Civil War opinion, that the Free State Constitution, under which he had come to office, was something imposed on Ireland by the threat of force.

Therefore he saw a new constitution, freely adopted by the Irish people in a referendum, as the ultimate expression of sovereignty.

When de Valera sat down to prepare a draft constitution, he did so within a very narrow circle of advisors, and the principal one was John Hearne.

This is surprising given Hearne’s political antecedents. But Hearne had unequalled expertise in the constitutions of other countries, and fully accepted de Valera’s goal of shaking off the remnants of British influence. De Valera and Hearne worked into the late hours, often in Hearne’s home, drafting and redrafting the articles of the proposed constitution.

Broderick deals with the external influences brought to bear on the draft. Ministers, other than de Valera himself, seem to have played little part. De Valera preferred to work with civil servants over whom he had more control, rather than Ministers.

RELIGIOUS ASPECTS SHOULD NOT CAUSE SURPRISE, GIVEN THE VIEWS OF IRISH PEOPLE AT THE TIME

Religious thinking about social matters influenced the constitution for the simple reason that it influenced the Irish people in their daily lives. In the 1930’s, Ireland was a very religious country. In the destructive and nihilistic aftermath of War of Independence, the Catholic faith was seen by many as a better expression of the people’s distinctive identity. That is why it influenced the constitution. Fianna Fail, and all the other parties in the 1930’s, were profoundly influenced by Catholic Social teaching ,so it is not surprising at all that this teaching would have been taken into account.

As a practical politician, de Valera did not want the Catholic Church to oppose the proposed constitution.

This explains the Constitution’s acknowledgment of the Catholic Church’s special position. Some  Catholic church leaders wanted the constitution to say that the Catholic Church was the one true church, but de Valera resisted this.

Broderick says the ban on divorce was not controversial with other Christian churches at the time.

John Charles McQuaid, not yet a bishop but the Headmaster at the time of De Valera’s old school in Blackrock, played little part in drafting the constitution.

BUT THE CONSTITUTION DID NOT ACCOMMODATE THE POSSIBILITY OF A UNITED IRELAND IN ANY PRACTICAL WAY.

This was a constitution written for the 26 counties which de Valera actually governed. It was not designed for a 32 county Ireland. If it was it would have been drafted differently.

As Broderick puts it “Sovereignty took precedence over reunification”. This was realistic, and therefore right, in the circumstances.

Unrealistic aspirations, like reunification and the restoration of the Irish language, were included in the constitution in order to garner support for it in the referendum. The difficulties with these aspirations were ignored and this inevitably led to disappointment and cynicism.

One fault I would find with this book is that it tells us little or nothing about John Hearne’s subsequent career, as Irish Ambassador to Canada, and to the US, and his time as legal advisor to the new Nigerian government in the 1960’s. Apart from the fact that his wife provided sandwiches for Dev for the late night drafting sessions, Hearne’s marriage is hardly mentioned. It is almost as if his life stopped, once the constitution was adopted.

That criticism aside, anyone who wants to understand the genesis of our constitution, should read this important and well-written book.

It is entitled  “John Hearne, Architect of the 1937 Constitution of Ireland” , the author is  Eugene Broderick and the book was published by the Irish Academic Press.

This review appeared in last week’s  “Irish Catholic “ newspaper.

OPPORTUNITIES FOR IRELAND, AS DIVISIONS OPEN UP IN WESTMINSTER ON BREXIT……. BUT SINN FEIN STILL STAYS AWAY

Very slowly, the UK public is beginning to learn the implications of the decision they took to leave the EU.

Some of the realities were revealed in the contrasting evidence given last week by the Brexit Secretary of State, David Davis, to one Committee of the House of Commons, and by Sir Ivan Rogers, recent former UK Ambassador to the EU, to another Committee.

The contrast in the two testimonies was remarkable.

David Davis said that he believed the UK could wrap up a Customs and Trade deal with the EU before March 2019.

DUP WOULD TOLERATE A NO DEAL SCENARIO

Pressed by the DUP’s Sammy Wilson, he said that “No Deal” was still an option. “No Deal” would involve the immediate imposition of severe border controls in Ireland from 1 April 2019. Sammy Wilson gave the strong impression that he did not particularly care about this and that he wanted “No Deal” to remain a live option, presumably in the hope that it could be used b the UK as a threat.

There was no Nationalist MP present to point out the devastating effects “no deal” would have on border communities, both unionist and nationalist. This is because elected Sinn Fein MPs refuse to take their seats.

Their absence leaves “No Deal” tolerant MPs, like Sammy Wilson, a clear field to present a false impression of the true interests of the people of Northern Ireland.

Sinn Fein ought also ask themselves if the issues on which they are delaying the re-establishment of the Northern Executive are more important to their people than Brexit.

Since the Good Friday Agreement, abstentionism is an out of date policy and undemocratic policy. It deprives the nationalist inclined people in Northern Ireland of a voice or vote when key decisions on Brexit, affecting their livelihoods, are being taken in Westminster.

BREXIT WOULD DEEPEN PARTITION AND SINN FEIN ARE NOT THERE TO VOTE AGAINST IT

Sinn Fein MPs are staying away, even though their votes could swing the decision on key votes in Westminster on the Bill that will take their constituents out of the EU, and deepen the partition of Ireland.

Sir Ivan Rogers, in his testimony, told the MPs that a “no Deal” scenario would be very bad for the Irish economy. This was because 80% of Irish exports go to market either through, or to, the UK. A hard Brexit, that involved heavy controls at ports and border posts, would be devastating for Irish trade.

In contrast to Secretary of State Davis, Sir Ivan Rogers said in his testimony that, far from a UK/EU trade deal being wrapped up by March 2019, negotiations on the detailed contents of such a deal could not even START until the UK had actually left the EU, in other words not until April 2019!

He went on to point out that the “Deep and Comprehensive Trade Agreement” that the UK would have to negotiate, in substitution or EU membership, would probably have to run to thousands of pages, every line of which would have to be haggled over with the Commission and with the 27 remaining EU states.

This negotiation of a detailed Trade Agreement would have to be foreshadowed in Framework for future relations document, to be agreed between the UK and the EU, alongside the divorce agreement.

UK GOVERNMENT CANNOT EVEN DECIDE WHAT SORT OF FINAL DEAL TO ASK FOR

But the UK government is not in a position to agree within itself on what it would want that Framework to contain. It cannot even discuss the question at Cabinet meetings because it would split the Tory Party irrevocably.

Sir Ivan speculated that, because of this, it would, therefore, be the EU side that would draw up the first draft of the Framework, on which the eventual Trade Deal would be based. But even that can only happen if the UK had agreed to pay its share of all bills incurred by the EU while the UK was still a voting member. That would add £13 billion to UK liabilities.

There is likely to be a big bust up over this money issue in December.

Assuming that is overcome, Sir Ivan said that there was a huge difference between the sort of trade agreement that might eventually be offered to the UK, and the access the UK would have had if it stayed in the Single Market.

The Single Market covers standards as well as tariffs. It has, embedded and agreed, mechanisms for making, enforcing, and adjudicating on the meaning of, those standards. Once the UK leaves the Single Market, the compliance of UK originating goods and services with EU standards could no longer be assumed by EU countries, like Ireland.

This would create immediate new barriers to commerce of all kinds. It could even apply to acceptance of the safety of aircraft owned by UK based airlines.

UK court judgments would no longer be automatically enforced in the EU, and extradition would become more difficult.

This makes the casual attitude of the DUP and Sammy Wilson to the possibility of “no Deal” all the harder to understand, given the DUP’s long standing concerns about paramilitarism.

IMPLICATIONS OF BREXIT BEING HIDDEN

In his testimony, David Davis said that his Department had done studies of the impact of Brexit on 57 different sectors of the UK economy. He said he would not publish these because to do so might “weaken the UK’s negotiating position” with the EU. This means that the UK Parliament and the public are being kept in the dark about the known consequences of decisions they are taking, or are being taken on their behalf.

And there is no MP, and no Executive, from Northern Ireland there to challenge this!

The EU 27 are now beginning work on the sort of Framework agreement it might offer the UK, if the UK first comes forward with adequate proposals on money, EU citizens rights, and the Irish border.

Drawing up the Framework to offer the UK is going to be exceptionally difficult work for the EU, including Ireland. Preserving the integrity of the EU Single Market, and all the investment our continuing membership of it has brought to Ireland, will have to be balanced against access to the UK market and making practical arrangements to take account that the UK and Ireland are beside one another and have a long and porous border.

The trade offs will be really difficult, but it would appear Ireland is better prepared for the discussion than are our neighbours in the UK.

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