The Taoiseach will inform the Cabinet tomorrow that special legislation will have to be introduced as a matter of some urgency to extend the deadline for the removal of Articles 2 and 3 of the Constitution. This is because of the longer than anticipated delay in setting up the proposed new Northern Ireland executive.
The formal decision on the removal of Articles 2 and 3, containing the territorial claim to Northern Ireland, decided on in the referendum on the Belfast Agreement last year, would lapse automatically on June 3rd without such legislation. Government sources confirmed to The Irish Times yesterday that the preparation of the new legislation was well advanced and would be brought before the Dail within the next three weeks.
The necessity for new legislation arises from the unusual constitutional mechanism used in the wording of the referendum on the Belfast Agreement a year ago next Saturday.
The removal of Articles 2 and 3 and their substitution with new clauses was made conditional on powers being devolved to the Northern executive and the North-South ministerial council and bodies within 12 months.
Following the British Prime Minister's decision to extend the deadline for the devolution of full powers to the executive to June 30th, Government sources have confirmed that Mr Ahern now intends to press ahead with new legislation relating to the referendum. The referendum, and constitutional changes, were passed by a historic majority of 95 per cent of voters on May 22nd, 1998, but the referendum was not signed into law by the President, Mrs McAleese, until June 3rd, 1998.
The Belfast Agreement required the Taoiseach and the British Prime Minister to make a declaration that all institutions of the agreement had been fully established before it would come into force. Under paragraph 5 of Annex B, relating to the Irish Government's draft legislation to amend the Constitution, it states: "If such a declaration is not made within 12 months of this section being added to this Constitution or such longer period as may be provided for by law, this section shall cease to have effect and shall be omitted from every official text of this Constitution published thereafter." This clause of the Belfast Agreement effectively means that the removal of Articles 2 and 3, though passed by voters, will lapse on June 3rd unless a special Bill is introduced to extend the deadline.
Sources indicate the new Bill may provide for a year-long extension to the constitutional changes. It is understood the Government is contemplating placing a clause in the Bill to allow for the legislation to lapse in the event of the Northern Executive and North-South dimension to the agreement being fully operational at an earlier date.
In last year's referendum, it was proposed to substitute two new articles for Articles 2 and 3.
The new wording for Article 2 states: "It is the entitlement and birthright of every person born in the island of Ireland, which includes its islands and seas, to be part of the Irish nation. That is also the entitlement of all persons otherwise qualified in accordance with law to be citizens of Ireland. Furthermore, the Irish nation cherishes its special affinity with people of Irish ancestry living abroad who share its cultural identity and heritage".
The new Article 3 states: It is the firm will of the Irish nation, in harmony and friendship, to unite all the people who share the territory of the island of Ireland, in all the diversity of their identities and traditions, recognising that a united Ireland shall be brought about only by peaceful means with the consent of a majority of the people, democratically expressed, in both jurisdictions in the island. Until then, the laws enacted by the Parliament established by this Constitution shall have the like area and extent of application as the laws enacted by the Parliament that existed immediately before the coming into operation of this Constitution".
