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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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.
In a new article, written for the Political Studies Association (PSA) Blog, Clare Rice examines the fallout from the Non-domestic Renewable Heat Incentive Inquiry and considers the implications of the Report’s recommendations for governance in Northern Ireland.
“The #CashforAsh scandal contributed to the unravelling of a complex political web which ultimately saw the collapse of political institutions and three years without a government.”
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 and Clare Rice have submitted evidence to the EU International Agreements Sub-Committee as part of the inquiry on Treaty Scrutiny. It outlines that post-Brexit, treaty scrutiny is going to matter more than ever in light of Northern Ireland’s position under the Protocol needing ongoing consideration. The submission focuses mainly on the role of the devolved institutions in this, and suggests some ways in which the scrutiny powers of the UK Parliament can be enhanced.
PI team members Sylvia de Mars, Colin Murray, Aoife O’Donoghue and Ben Warwick have submitted evidence to the Joint Committee on Human Rights with regard to the Immigration and Social Security Co-ordination (EU Withdrawal) Bill 2020.
This submission focuses on Clause 2 of the bill, which relates to Irish citizens. In particular, it is highlighted that the omission within the Explanatory Notes of all reference to the Good Friday/Belfast Agreement (GFA) is concerning.
PI’s Colin Murray and Clare Rice have submitted evidence to the Committee on the Future Relationship with the European Union as part of the ‘Progress of the negotiations on the UK’s Future Relationship with the EU’ Inquiry.
This document comprises of 4 elements:
Interpretation and implementation of the Withdrawal Agreement and the Protocol on Ireland and Northern Ireland
The role of the Joint Committee and the Specialised Committee on Northern Ireland
Specific constitutional considerations for Northern Ireland
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.
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).
Evidence has been submitted by Clare Rice to the Northern Ireland Affairs Committee as part of their inquiry into the ‘New Decade, New Approach’ deal reached in Northern Ireland in January 2020. This submission examines the agreement in terms of its content on governance and the sustainability of the institutions.
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‘ – …