The impasse over decommissioning of terrorist arms was due to an underlying issue. That is this: The Unionists seek peace on the basis of the status quo, i.e., no change in the status of Northern Ireland as a part of the United Kingdom. The Nationalists want an end to violence only on the basis of a change. It seems that there is no room for compromise between the parties on this issue. The Unionists insist on the surrender of arms by the terrorists, including the Nationalists, so that the latter will have no means of bringing about the unification of Ireland. The Nationalists, on the other hand, are not prepared to accept this position. If they decommission prior to the re-unification of Ireland, they feel that they would be deprived of the means to exert any pressure on the parties concerned in order to realise their objectives. This explains the impasse over the issue. Therefore, the problem calls for an alternative, as articulated in my book entitled “A Federal Constitution for the United Kingdom – An Alternative to Devolution” (1997). A re-unification of Ireland as part of a federal United Kingdom retaining its separate membership of the United Nations, the European Union, the Council of Europe, and its role in foreign affairs is likely to meet the Nationalists’ demands. The federal option, as put forward in this book, would permit Northern Ireland to stay within the United Kingdom and could provide effective guarantees of the Protestants’ rights in the re-united Ireland and make provision for their meaningful role, both in the Irish and in the British context. This is likely to be acceptable to the Unionists. Consequently, the federal option as proposed in my book has the potential of meeting the fundamental demands of both sides to prepare for the basis of a settlement of this historic conflict.
A FEDERAL SOLUTION TO THE IRISH PROBLEM
a) Procedural Step (This piece was submitted to the British Government on 4 January 1993)
Almost endless rounds of talks between the British Government and the ‘constitutional parties’ in Northern Ireland seemed to have got nowhere while violence continued, increasingly affecting the mainland of Great Britain. It is submitted that any search for a settlement ought to have two objectives in view. First, the settlement, to be a durable solution, must be arrived at by way of broad consensus on both sides of the divide, i.e. the Protestants and Catholics. Secondly, the settlement must result in the restoration of peace and security, both in Northern Ireland and on the mainland of Great Britain.
These two objectives dictate that the consultation process ought to assume the form of a round-table conference. To secure wide acceptance, representatives from all sections of both the communities must be invited to attend. These would include not only the constitutional parties, but also the churches on both sides and those engaged in violence. It ought to be appreciated that the constitutional parties alone cannot deliver a settlement which would restore peace and security and secure consensus across the board. For this reason, the stigma about talking to the terrorists has to be overcome. Indeed, it is only if the terrorists are able to play a part in the constitutional process that they are likely to abandon violence. The objective of restoring peace and security cannot be achieved without their participation in the process of settlement.
It is the view of this writer that the problem of Northern Ireland would not have arisen but for the partition of Ireland, and it cannot be solved except through the involvement of both Northern Ireland and the Republic of Ireland. Consequently, the involvement of the South is an essential pre-requisite for the settlement. The parties to attend the round-table conference proposed above ought to be
i) the British Government
ii) the Government of the Republic of Ireland
iii) the constitutional parties of Northern Ireland
iv) the representatives of the churches
v) the groups engaged in violence on both sides in Ireland.
b) Substantive Steps (Produced at the beginning of the 1980s and submitted to New Ireland Forum, Dublin in 1984 and to the British Government subsequently)
Following the tragic event involving the death of Lord Mountbatten, there has been an emphasis on the need to find a solution to the Irish problem. But no-one has so far come up with a formula that could be acceptable to all the parties to the problem. A solution is obviously urgently needed by both the United Kingdom and the Republic of Ireland. Otherwise, escalation of the conflict might spill over into both countries and endanger their stability, security and well-being. A search for a solution must recognise the following inescapable facts: (1) that there would not be the problem of Northern Ireland without the existence of southern Ireland and the solution could only come through the involvement of both; (2) that the problem is not simply one of law and order (or ‘security’, as it is being called) which could be dealt with by the army and the police alone; it is a political problem for which a political solution has to be found; (3) that that solution has to be one that is acceptable to both the Catholics and Protestants; (4) that a solution that is no acceptable to one side cannot be imposed on it by the other side by force or otherwise; (5) that the side which would become a minority under a proposed solution needs to be told in advance precisely what the status, rights, powers and immunities of its members will be once that solution becomes reality – in particular the nature of safeguards against discrimination and oppression by the majority: (6) that that minority has a right to ask what benefits would accrue as a result of accepting a particular solution. All the previous attempts to find a solution have failed simply because they ignore these basic facts.
It is submitted that a federal solution involving the British Isles is conceivably one that would eventually be acceptable to both sides. The most important question is: how to construct a federal model that would confer on the federating units sufficient independence that would be acceptable to the Irish opinion consistent with a federal structure. My own papers entitled ‘A Federal Constitution for the United Kingdom’ and ‘Drafting a British Bill of Rights’ contain detailed proposals for such a model. These papers are available in the library of the House of Lords submitted as evidence to the Select Committee on a Bill of Rights 1978. They are open to the public for inspection.
Briefly, the proposals are as follows: The United Kingdom federation shall consist of three units plus federally administered territories such as the Isle of Man and the Channel Islands, under a scheme of division of functions and powers that allocates specified subjects to the centre and the residue to the federating units. The proposal for Ireland is designed to solve the Irish problem. This would meet the Catholic demand for the re-unification of Ireland. At the same, the Protestants who would then become a minority group in the united Ireland would be reassured by the fact that Ireland would remain a part of the federal United Kingdom, which would operate within the framework of a written constitution and an entrenched Bill of Rights that would effectively guarantee minority rights. Discrimination and oppression of the minority group in the past which has given rise to the present-day Irish problem (an example of which occurred in Quebec where a provincial legislation has effectively closed public employment to the English-speaking minority) would no longer be possible. Rapid economic development of backward units (Ireland and Northern Region) would be undertaken under the proposed ‘regional equalisation programme’ with funds derived from a ‘Distribution Pool’. As a result, within a period of ten years from the commencement of the Federation, the gross domestic product of Ireland and Northern Region would rise from £3 billion and £6 billion respectively to about £19 billion each (at 1972). The gross domestic product of Ireland and Northern Region will then represent well over half of the total of the United Kingdom Federation. This will establish a balance between the federating units. The federal Parliament shall consist of two Houses – the Senate and the House of Commons. The Senate will be represented by the three units on the basis of equality while the House of Commons will be elected on the basis of population. Legislation would need to be passed by both Houses of Parliament. The Constitution including the Bill of Rights could only be amended by a two-thirds majority of the Senate and the House of Commons acting bicamerally. The Federation and the units will be termed ‘the Commonwealth’ and ‘the States’ respectively. It is submitted that while the federal capital will be located in London, the capitals of the units will be as follows: Warwick for the South (which includes England and Wales), Edinburgh for the North (which covers Scotland) and Dublin for the re-united Ireland. (If any objection is raised on grounds that the division of Great Britain between England (including Wales) and Scotland is not a viable one, Scotland being too small a federating unit compared with England, then Great Britain could be alternatively divided between the north and the south, with the dividing line running not along the current Scottish border, but rather further south at a geographically or demographically central point in Great Britain.)
This proposal would involve on the part of the United Kingdom abandonment of its claim that the Irish issue is purely its own domestic problem and that the Republic of Ireland has no standing to the issue. Those who oppose the Irish Republic joining such a federation ought to notice (a) that the Republic is already a member of the European Union of which the United Kingdom is a part and which is discussing the question of a federal Europe; (b) that the Republic has joined the European Monetary System which involved a partial surrender of its monetary jurisdiction; (c) that my federal model will enable the united Ireland to retain maximum possible independence (therefore substance of its present powers) consistent with a federal scheme; (d) re-united Ireland will retain its role in foreign affairs and the membership of the United Nations and the European Union.
It is not enough to launch a political initiative in the sense of bringing the parties together to find any solution. What is more important is to work out a satisfactory formula (or ideas) and then direct that initiative towards consideration and implementation of that formula. For this reason, it is necessary to have a public debate on the ideas for a solution before any political initiative gets under way. It is hoped that the ideas offered in this work would form the basis for such public discussion.
Catholic/Protestant Division
The above division of the community in Ireland is the result of multiple factors of history -- differences of ethnic origin (Gaelic Irish and the Scottish and English settlers), of religion and of political opinion. The division is rendered entrenched by the existence of two different educational systems maintained largely by the churches on both sides. However, there is a ray of hope of bringing the communities together. That is, by the creation of an enlarged middle class in both communities. In Belfast, for instance, mixed areas comprise members of both Protestant and Catholic communities. The mixed areas are by and large middle-class areas. This author's federal proposal with its programme of rapid economic and social advancement would bring about an enlarged middle class in both the communities which will cut across the dividing line. It is expected that the political parties in the changed circumstances will draw support from both communities. That this will happen is demonstrated by the working of the Alliance Party, which is a middle-class party and draws support from both communities.
Alternative options for a solution
(a) Devolution in Northern Ireland
The present approach of seeking to install a devolved authority in Northern Ireland is unlikely to succeed. The reason for this is as follows. The crux of the matter is power-sharing. The Protestants feel that if they concede that, this would be the beginning of takeover of the North by the South without any safeguards to protect them. The Catholics believe that if they give in on power-sharing that would be reverting back to the old Ulster home-rule with virtual certainty that the past experience of oppression and discrimination would be repeated. The intelligentsia in Northern Ireland agrees that both sides are correct in the assessment of the situation.
(b) Independent Ulster
The idea of an independent Ulster as one of the options is not a viable one. This would amount to a British withdrawal from the Irish problem. British withdrawal from such a problem has occurred twice in imperial history -- once from Palestine and once from Cyprus. Subsequent events are all too well-known to require any mention. While the after-effects of withdrawal from Palestine and Cyprus did not affect Britain domestically, a deadly Civil War in Northern Ireland between the Protestants and Catholics which is very likely to follow a British withdrawal might lead to consequences from which neither Britain nor the Republic of Ireland could escape. For this reason this option is ruled out.
(c) Re-united Ireland outside the United Kingdom
This option, as conceded to by the willing cooperation of the Protestant population, will expose Ireland (both north and south) to the security problems that exist at the present time in Northern Ireland. The Irish Army will then have to be engaged in what the British Army have been doing in Northern Ireland since the beginning of the 1970s. This would impose on the new Republic an unbearable economic burden and political strain. Secondly, in view of the present level of unemployment it will be necessary to maintain the existing standard of social services and unemployment benefits in Northern Ireland. Failure to do so is likely to result in social and political breakdown. However, the Republic is unlikely to be able to maintain the present level of these benefits.
Therefore, in view of the fact (a) that the present policy of seeking to install a devolved authority is unlikely to succeed; (b) that a political solution has to be found (because the present level of violence with its potential gravity is unacceptable); (c) that such a solution could only come through the involvement of both the North and the South (as this author has put it 'there would not be the problem of Northern Ireland without the existence of southern Ireland and… the solution could only come through the involvement of both'), a federal solution such as the one suggested here involving the whole of the British Isles deserves to be considered seriously and debated publicly. Such a federal constitution could provide guarantees of what is described as the Protestant way of life in Northern Ireland, e.g. guarantees of religious and political freedoms, freedoms of marriage, divorce, a choice of birth control methods etc, and of effective participation of the Protestant minority in the government of the re-united Ireland.
