End one-sided debate
Over the past week the Irish public have once again been treated
to a round of one-sided arguments in relation to Articles 2 and 3
of the Irish Constitution. The issue came into the public arena
this time following David Trimble's meeting with Bertie Ahern.
As with every meeting between a Unionist politician and the
Taoiseach, it was followed by the same old sterile media debate
about how the Dublin government is willing or ought to be making
plans to abandon Articles Two and Three.
In all of this very little comment was made regarding Britain's
1920 Government of Ireland Act or the 1973 Northern Ireland
Constitution Act which constitute the British claim to
jurisdiction over the Six Counties.
How Irish media commentators can speak at length about Articles
Two and Three outside the context of these British Acts beggars
belief. The unilateral removal of Articles Two and Three would
leave the British claim to the Six Counties uncontested in law -
in effect withdrawing in international law the constituional
demand for Irish unity. Those who recommend the abandonment of
Articles Two and Three effectively accept the validity of the
British claim in the 1920 Act, Section 75 of which reads:
``Notwithstanding....anything contained in this Act the supreme
authority of the parliament of the United Kingdom shall remain
unaffected and undiminished over all persons, matters and things
in Ireland and every part thereof''. This now applies to the Six
County area. To abandon Articles Two and Three would leave this
claim constituionally unchallenged. What kind of message would
that send to Northern nationalists?
It is pointless and dangerous to speak of Articles Two and Three
outside the context of the British claim to the Six Counties. It
is irresponsible for Irish commentators to attempt to barter away
those Articles while all-party talks aimed at securing a just
political settlement have yet to get down to the substantive
issues. While we have heard much of the need for a ``balanced''
political arrangement, it would help if we could begin by having
a ``balanced'' debate on issues as serious as the constituional
rights of the people of Ireland.
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