RM Distributions
Alarm in Dublin over Articles 2 & 3
   5 April 1998
 
 
   All week Bertie Ahern has been meeting members of
   parliament of the governing Fianna Fail party in an
   urgent attempt to reassure them about proposed changes
   to the Irish constitution. This is because several of
   them have aired their worries in public and alarm is
   rising over what their leader may be about to give
   away.
 
   Up to last week, when they got a briefing from Bertie,
   the Parliamentary Party, technically the policy-making
   body of Fianna Fail, had not even discussed the peace
   talks, including amending Articles 2 and 3 which define the 
   Irish national territory and jurisdiction. 
 
   Part of Ahern's reassurance to his party
   was the proposal for five-yearly referendums on the
   status of the Six Counties which he confirmed in a
   media interview at the British-Irish Interparliamentary
   Body on Monday.
 
   In Leinster House on Tuesday, however, Ahern was under
   pressure from John Bruton and Proinsias de Rossa over
   this proposal as they claimed it would cause
   "instability" to any new set-up in the North. The
   Taoiseach [Prime Minister] then watered down his
   proposal, saying it had been discussed, was
   non-controversial and may or may not happen.
 
   Even if the referendums proposition stands it would be
   extreme folly for Fianna Fail supporters to vote to
   redefine the national territory as anything other than
   the whole island, and to remove the constitutional
   assertion of the right to Irish unity and independence,
   in the hope that  demographics in the Six Counties will
   eventually change the situation.
 
   The proposed replacements for Articles 2 & 3 revealed
   in the Sunday Business Post certainly do remove the
   assertion of the right to unity and sovereignty.
 
   Article 2 would carry no definition of the national
   territory at all. Article 3 would say it is the "firm
   will" of the Irish nation to unite the people of the
   island of Ireland but "a United Ireland can only be
   brought about with consent of the majority of the
   people democratically expressed in each of the
   jurisdictions of the island".
 
   While these Irish drafts have been leaked there has
   been a total absense of any indication of what changes
   in British law are proposed. Amending Section 75 of the
   Government of Ireland Act would not be enough as the
   Northern Ireland Constitution Act 1973 would still
   stand and this asserts the sovereignty of the British
   parliament and also guarantees a unionist veto. The
   veto is dressed up as consent and all the British are
   prepared to do at the moment is to change the dress.
 
   Arriving at the British-Irish Inter-Parliamentary Body
   meeting on Sunday evening Caoimhghin O Caolain said the
   proposed changes to Articles 2 and 3 would be "totally
   unacceptable". He said:
 
   "The removal of the clear definition of the national
   territory in Article 2 runs contrary to broad
   nationalist opinion throughout Ireland.
 
   "The proposed replacement for Article Three would put
   the unionist veto into the Constitution. It would not
   only leave uncontested, but actually reinforce, the
   British claim to sovereignty over the Six Counties.
 
   "It is clear that the British government does not
   propose at this time to remove the claim of
   jurisdiction by the British Crown and Parliament over
   the Six Counties. Nor is it yet prepared to place the
   issue of consent in an all-Ireland context, with
   recognition of the right of the nationalist community
   in the North not to be forced to live in a state which
   does not have their consent.
 
   "In these circumstances the proposed changes to
   Articles 2 and 3 would be a major step backwards and
   they should be opposed by all democratic opinion". 
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