Where next for the constitutional conversation about a united Ireland?

There is little doubt that this island has entered a new phase in the constitutional conversation about a united Ireland. The constant plea in recent years has been for proper preparation. That has commenced. More and more substantive contributions are emerging. Civil society, political parties, politicians and academics, among others, are making rigorous and serious interventions. Books, articles, blogs, podcasts and opinion pieces regularly appear. The efforts of the Oireachtas are, for example, notable, with the Seanad Public Consultation Committee and the Committee on the Implementation of the Good Friday [Belfast] Agreement advancing work on the constitutional future.

While the Irish Government’s Shared Island Unit could be much more ambitious, it is producing useful outputs. If permitted to embrace all aspects of the shared island agenda, and supported accordingly, its potential is enormous. It is significant that Sinn Féin and the SDLP have each established commissions. Ireland’s Future, the Shared Ireland Podcast Team and the Constitutional Conversations Group are just some examples of those shaping a determined and focused civic response. Many know that the constitutional question will be asked and are doing their best to complete the necessary homework. None of that will be wasted whenever the time comes. Where might this go now and what are the challenges?

First, it is essential that specific and ambitious projects on the new and united Ireland option are designed, undertaken and completed. Comparative initiatives that promote descriptive accounts of what is there now have genuine intrinsic value, but there needs to be an additional step. What constitutional model will be proposed? What will the detailed structures of a reunified Ireland be in relevant areas? What referendum promises will be included and how will they be practically achieved? What will the evidential underpinning be for commitments made? How much will be known in advance and what mechanisms might follow the referendum? Possible answers to these questions are there, and well-known, but must be articulated in greater detail. Eventually choices will have to be made, ones that are likely to prove persuasive.

Brexit mess

For those still expressing reservations, remember this is about how the island might be shared in the future and should therefore upset no one who respects the foundational values of the Belfast Agreement. It makes no sense to avoid facing into concrete options for an already anticipated future scenario for this island. One that looks increasingly possible as a consequence of the Brexit mess.

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Second, encouraging people to participate and to organise their own initiatives is essential. Campaigns of intimidation and harassment have a specific purpose here. Their aim is to spread despair and fear. That is not accidental. The lies, distortion and abuse are intended to discourage individuals, communities and institutions. Those doing it know precisely what they are at. As do those who legitimise it.

The aim is to force people off the stage or to put them off any involvement. It is therefore vital that people are supported to contribute.

This is the time to be making a case, joining in, stating demands and – even better – starting your own projects. That is easy to say and, given multiple other priorities, will seem daunting. That is why capacity building must be considered. Without adequate funding and resources, it will remain a challenge even where individuals and community organisations want to play a part. At this stage, it is vital that as many engage as possible. On that, an ongoing all-island civic initiative would be of considerable assistance, and it is to be hoped that the Government is giving it serious thought.

Transformative change

Third, there is nothing novel about the “new” in new Ireland. But what do people mean when they insert it? The Belfast Agreement, for example, refers to a “sovereign united Ireland”. In reality many will join the campaign for reunification because they take the promise of transformative change seriously. From climate justice to socioeconomic rights to more robust equality guarantees.

This will be one of the fascinating aspects of the process. There are competing agendas within the pro-union and pro-united Ireland campaigns. That is one of the wonderful dimensions of democratic life and pluralist societies, the crude imposition of uniformity is neither possible nor desirable. However, in order to get to the point where deliverable guarantees are made, skilful management will be necessary. Irish history contains valuable lessons on how conservative forces on this island often prevail. It speaks to those who are pushed aside and marginalised in transitions, radical hopes dashed. So, if your objective really is a new Ireland then it would be wise to engage sooner rather than later.

The collective work of planning for the constitutional future has admirable momentum that will be difficult to reverse. There is a widespread sense of inevitability around an eventual referendum this decade, even if the outcome is an open question. It is hardly surprising. In a contested region where the principle of consent is fundamental and recited often, it would be odd not to ask the obvious question. In a post-Brexit environment where the principal tool of mitigation is being wilfully undermined, many will see good sense in removing the Border for good.

Colin Harvey is professor of human rights law and director of the Human Rights Centre in the school of law, Queen’s University Belfast. He is a member of the Constitutional Conversations Group and on the management board of Ireland’s Future which advocates for, and promotes, debate and discussion about Ireland’s future, including the possibility and viability of new constitutional arrangements on the Island.