Simone Lawson
The constitutional status of Northern Ireland has been a complex and evolving issue, with a history of political and social turmoil. The Good Friday Agreement, or Belfast Agreement, played a pivotal role in shaping Northern Ireland's constitutional trajectory, solidifying its position within the United Kingdom until a majority of voters decide otherwise. This agreement also addressed the sensitive issue of border areas and paramilitary organisations. The Northern Ireland Constitution Act of 1973 further reinforced Northern Ireland's constitutional ties to the United Kingdom, abolishing the Parliament of Northern Ireland and establishing a devolved administration. Amendments to the Constitution of Ireland and the recognition of birthrights in Northern Ireland have also influenced the region's constitutional landscape.
| Characteristics | Values |
|---|---|
| Constitutional Status | Part of the United Kingdom with strong links to Ireland |
| Devolved Government | Yes, with a First Minister and Deputy First Minister |
| Citizenship | Entitled to be Irish citizens, with the right to hold British and Irish citizenship |
| Legislative Power | The Northern Ireland Assembly, with some powers transferred to the UK Parliament |
| Executive Power | The Northern Ireland Executive, chosen by the Northern Ireland Assembly |
| Human Rights | The Standing Advisory Commission on Human Rights (SACHR) |
| Referendum | Required to change constitutional status, with a 10-year gap between referendums |
| Border | Shares a land frontier with the Republic of Ireland |
| Historical Context | The Troubles, the Good Friday Agreement, and the Irish Boundary Commission |
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What You'll Learn
The Good Friday Agreement
The agreement set out a complex series of provisions relating to a number of areas, including: the status and system of government of Northern Ireland within the United Kingdom; the relationship between Northern Ireland and the Republic of Ireland; and the relationship between the Republic of Ireland and the United Kingdom. The agreement was made between the British and Irish governments and eight political parties or groupings from Northern Ireland. Three were representative of unionism, and five of nationalism.
The agreement restored self-government to Northern Ireland on the basis of "power sharing" and it included acceptance of the principle of consent, commitment to civil and political rights, and agreement on the future of paramilitary groups and security forces. It also set out the creation of the Northern Ireland Assembly, which would be an elected assembly responsible for most local matters. The agreement also makes reference to the UK and the Republic of Ireland as "partners in the European Union", and it was argued that the Agreement meant that the consent of Northern Ireland's voters was required to leave the European Union (Brexit).
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The 1973 Constitution Act
The Northern Ireland Constitution Act of 1973 was an act of the Parliament of the United Kingdom that received royal assent on July 18, 1973. The act abolished the suspended Parliament of Northern Ireland and the post of Governor, replacing it with a devolved administration consisting of an Executive chosen by the new Northern Ireland Assembly. This assembly had already been established by the Northern Ireland Assembly Act of 1973, enacted two months prior.
The 1973 Act also listed 'excepted matters' and 'reserved matters'. The former referred to areas in which the assembly was not permitted to legislate, while the latter were areas that the Secretary of State for Northern Ireland could transfer to the assembly's power at their discretion. Devolution was only to come into effect if an executive (government) could be formed with the support of the assembly and was "likely to be widely accepted throughout the community".
The act also included anti-discrimination measures, declaring any existing Act of the Parliament of Northern Ireland, any Measure to be passed by the new Assembly, and any secondary legislation void if it discriminated against an individual or "class of persons" based on their religious or political beliefs. It was also made unlawful for the Executive or a government body to "discriminate, or aid, induce or incite another to discriminate" on the same grounds. The Standing Advisory Commission on Human Rights (SACHR) was established as a result of this act.
Furthermore, the act affirmed Northern Ireland's status as part of the United Kingdom, stating that Northern Ireland would not cease to be part of the UK without the consent of the majority of its people in a poll. This was in line with the Ireland Act of 1949, which had guaranteed that Northern Ireland would not leave the UK without the consent of the Parliament of Northern Ireland.
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The 1922 Irish Free State Constitution Act
The Irish Free State Constitution Act 1922, also known as the Constitution of the Irish Free State (Saorstát Éireann) Act, was a significant piece of legislation in the history of Ireland. It was enacted by the Third Dáil (the Irish Parliament) on October 25, 1922, and received royal assent on December 5, 1922, coming into force on the same day.
The Act played a crucial role in shaping the constitutional status of Northern Ireland by formally ratifying the Anglo-Irish Treaty, which had been negotiated between the British government and Irish leaders in 1921. The Treaty laid out several requirements for the new constitution, including that the new state would be called the Irish Free State, be a dominion of the British Commonwealth, and recognise the King as the head of state.
One of the most notable aspects of the 1922 Act was its provision for Northern Ireland's inclusion in the Irish Free State unless its Parliament decided to opt out, which it did. This decision led to the establishment of the Irish Boundary Commission to decide on the border between the Irish Free State and Northern Ireland. The work of the Commission was delayed until 1925 due to the outbreak of the Irish Civil War.
The Act also addressed the powers of the Provisional Parliament, which was responsible for enacting the constitution of the Irish Free State. It established the position of Governor of Northern Ireland and outlined the duties of the Secretary of State for Northern Ireland.
Furthermore, the Act provided for a devolved administration in Northern Ireland, consisting of an Executive chosen by the Northern Ireland Assembly. It outlined the process for appointing or removing the Director of Public Prosecutions for Northern Ireland and emphasised the importance of widespread acceptance of the devolved government throughout the community.
In summary, the 1922 Irish Free State Constitution Act was a pivotal moment in Ireland's journey towards independence and the establishment of Northern Ireland's constitutional status within the United Kingdom. It set in motion a series of events and negotiations that would continue to shape the region's political landscape for decades to come.
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The 1949 Ireland Act
The Ireland Act of 1949 was a response to the Republic of Ireland Act 1948, which ended Ireland's status as a British dominion and its membership in the British Commonwealth of Nations. The 1949 Act recognised and declared the constitutional position of the part of Ireland previously known as Éire, and affirmed the constitutional position and territorial integrity of Northern Ireland.
The Act amended the British Nationality Act, clarifying that those domiciled in Northern Ireland on 6 December 1922 would not be deprived of British citizenship status. This was in response to an unintended consequence of the British Nationality Act, which deemed those born in Southern Ireland of a Southern Irish father, and domiciled in Northern Ireland on 6 December 1922, as citizens of Éire under Éire law, and therefore citizens of the United Kingdom from 1 January 1949.
The Ireland Act 1949 also guaranteed that Northern Ireland would not cease to be a part of the United Kingdom without the consent of the Parliament of Northern Ireland. This declaration was controversial with both the Irish government and Northern Ireland's nationalist community.
The Act further declared that, despite the Republic of Ireland no longer being part of His Majesty's dominions, it was not a foreign country for the purposes of any law in force in any part of the United Kingdom. This meant that Irish nationals could enter and reside in the UK without obtaining permission, and vice versa for UK nationals in Ireland. This arrangement remains in place today, with the UK government reaffirming this stance as recently as 2017.
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The 1999 Irish Constitution Amendment
The Irish Constitution was amended in 1999 to remove a claim to sovereignty over the entire island of Ireland. This amendment implicitly acknowledges Northern Ireland's status as part of the United Kingdom.
The 1999 amendment to the Irish Constitution was a significant development in the complex constitutional history of Northern Ireland. The amendment addressed the constitutional status of Northern Ireland and its relationship with the Republic of Ireland.
Prior to the amendment, Article 2 of the Irish Constitution asserted a claim of sovereignty over the entire island of Ireland, which included Northern Ireland. This claim was a source of tension and conflict between nationalists and unionists in Northern Ireland, as well as between the Irish and British governments.
The 1999 amendment replaced the original Article 2 with a new version that removed the explicit claim of sovereignty. The new article implicitly acknowledges the constitutional status of Northern Ireland as part of the United Kingdom, while also recognising the birthright of the people of Northern Ireland to identify as Irish, British, or both.
This amendment was a crucial step in the peace process and reflected a more pragmatic approach to the issue of Irish unity. It demonstrated a willingness to set aside historical claims in favour of a more inclusive and peaceful future for the people of Ireland, regardless of their political or national affiliations.
The amendment also had practical implications for citizenship. It provided that people born in Northern Ireland are entitled to Irish citizenship on the same basis as people born in the Republic of Ireland. This ensured that the citizens of Northern Ireland could maintain their strong links with Ireland, even as the region remained a part of the United Kingdom.
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Frequently asked questions
The constitutional status of Northern Ireland is that it remains a part of the United Kingdom. This was established by the Northern Ireland Constitution Act 1973, which states that Northern Ireland will not cease to be a part of the UK without the consent of the majority of its people.
The Act abolished the suspended Parliament of Northern Ireland and the post of Governor. It also made provision for a devolved administration consisting of an Executive chosen by the new Northern Ireland Assembly. The Act also outlined that any existing Act of the Parliament of Northern Ireland that discriminated against individuals based on religious or political beliefs was void.
The Good Friday Agreement, also known as the Belfast Agreement, reiterated the British position that Northern Ireland will remain within the UK until a majority of voters decide otherwise. This agreement helped bring an end to the Troubles by including ceasefires by paramilitary organisations, police reform, and the withdrawal of troops from sensitive border areas.
The UK government has expressed its preference to retain Northern Ireland's current constitutional position as part of the UK while maintaining strong links with Ireland. This was stated in their white paper on Brexit, where they also reaffirmed their commitment to the Belfast Agreement.
Official voting figures show that 54% of Northern Ireland voters support unionist parties, 42% vote for nationalist parties, and 4% vote "other". However, opinion polls suggest that election results may not accurately reflect the electorate's stance on Northern Ireland's constitutional status. Additionally, many voters are attracted to the policies and platforms of specific parties, regardless of their religious or political affiliations.
