Following the publication of the UK’s Command Paper on the implementation of the Withdrawal Agreement’s Protocol on Ireland / Northern Ireland, our team prepared several pieces of analysis.
Aoife O’Donoghue prepared an article for the DCU Brexit Institute Blog – ‘The UK’s Approach to Implementing the Northern Ireland Protocol‘ – which highlighted absences of detail in the document, reaching a conclusion that ‘this is unlikely to be the basis on which the EU will accept the implementation of the Ireland/Northern Ireland Protocol.’
Clare Rice prepared an article for The UK in a Changing Europe – ‘A road to nowhere? The UK’s approach to implementing the NI Protocol.’ This piece explored the potential intent behind the position the UK outlined on implementing the NI Protocol. It suggests the Command Paper indicates that Northern Ireland will likely become collateral damage as a consequence of political ambitions beyond its control.
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Four of PI’s team members – Colin Murray, Sylvia de Mars, Aoife O’Donoghue and Ben Warwick – have prepared one of two reports for the Northern Ireland Human Rights Commission and the Irish Human Rights and Equality Commission, examining challenges to citizenship rights in the context of Brexit.
Brexit therefore creates the potential for new and more extreme gaps in the rights and protections available to different groups of people living within Northern Ireland.
This report highlights a number of pre-existing complexities with regard to citizenship laws in Northern Ireland and examines the specific challenges these give rise to in the context of Brexit. A number of recommendations are made as to how these can be addressed.
In a new article published on the UK in a Changing Europe blog, Colin Murray presents an overview of two reports published by the Northern Ireland Human Rights Commission (NIHRC) and the Irish Human Rights and Equality Commission (IHREC).
The first report, authored by Alison Harvey, is entitled ‘A Legal Analysis of Incorporating Into UK Law the Birthright Commitment under the Belfast (Good Friday) Agreement 1998’ while the second is entitled ‘Continuing EU Citizenship “Rights, Opportunities and Benefits” in Northern Ireland after Brexit’ and was authored by four PI team members (Colin Murray, Sylvia de Mars, Aoife O’Donoghue, Ben Warwick).
This article presents an overview of the key areas covered in these publications, and offers some explanation in the context of the DeSouza case.
This approach is, in itself, generating a rolling crisis in Northern Ireland’s governance, as one cause célèbre gives way to the next and everything seems to remain in flux. It remains to be seen how much of this buffeting Northern Ireland’s unique (and fragile) constitutional order can sustain.
Colin Murray, UK in a Changing Europe, April 2020
The article is available to read in full by clicking here.
You can also catch-up on what PI team members, Colin Murray and Sylvia de Mars, had to say on this theme when they gave oral evidence to the Lords EU Select Committee in February here (with a full transcript available here).
Colin Murray and Sylvia de Mars attended a meeting of the European Union Select Committee in the House of Lords on 11th February 2020, to give evidence on the revised Ireland / Northern Ireland Protocol. Completing the panel was David Henig, called to share his expertise on trade.
Colin and Sylvia addressed a range of issues pertinent to the work of the Committee, drawing on their expert knowledge of EU law, UK constitutional law and the particularities of the situation in Northern Ireland.
This informative session was followed keenly by experts across the UK, not least in Northern Ireland (see this thread from BBC NI’s Economics and Business Editor, John Campbell), as the complexities that will need to be addressed by the end of 2020 were made unequivocally clear.
Colin Murray writes for the LSE Brexit Blog… ‘With the end of Theresa May’s premiership the Withdrawal Agreement she had concluded with the EU receded out of her reach, in a “here’s-what-you-could-have-won” game-show moment. But what does she take home? What international agreement can be set against her three-year tenure in Downing Street? The Common Travel Area Memorandum of Understanding, concluded in May 2018, could be cast as her solitary “set-of-steak-knives” consolation prize’.
Colin Murray gave a paper to the Newcastle University Brexit Conference on ‘Northern Ireland’s Constitution and Brexit’, where he discussed the fallout for Northern Ireland, as well as the ways the region continues to shape Brexit outcomes.
PI’s Colin Murray and Clare Rice have shared a working version of their article on the topic of human rights, equality, and the implementation of the Protocol on Ireland/Northern Ireland. The peer-reviewed paper, which will be published in its final form in the winter edition of Northern Ireland Legal Quarterly …