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Seanad Public Consultation Committee díospóireacht -
Thursday, 27 Oct 2022

Other Voices on the Constitutional Future of the Island of Ireland: Referendums and Lessons from Other Jurisdictions

I have received apologies from Senator Martin. I warmly welcome the Senators and witnesses to the fourth meeting of the Seanad Public Consultation Committee on the constitutional future of the island of Ireland. We began this process in early July when we invited members of the public to send submissions. As part of the public consultation, we received submissions from academics, members of the public, professors and politicians. We are delighted to have some of those who made contributions with us today.

Today, we will discuss the criteria for referendums and lessons from other jurisdictions. In that regard, we are delighted to have with us from the Scottish National Party, SNP, Mr. Martin Docherty-Hughes, MP, and Mr. Richard Thomson, MP. We also have with us Professor Colin Harvey, Mr. Raymond McCord, Mr. Paul F. Farrell and also Mr. Paul J. Farrell. One Mr. Farrell is Mr. McCord's solicitor while the other is not.

Senators are anxious to learn lessons from the SNP and the referendum that was held in Scotland. Before we do so, though, I must read out the following statement. I remind witnesses of the long-standing parliamentary practice that they should not criticise or make charges against any person or entity by name or in such a way as to make him, her or it identifiable or otherwise engage in speech that might be regarded as damaging to the good name of the person or that entity. Therefore, if their statements are potentially defamatory in respect of an identifiable person or entity, they will be directed to discontinue their remarks. It is imperative that they comply with any such direction.

I remind members of the long-standing parliamentary practice to the effect that they should not comment on, criticise or make charges against a person outside the House or an official either by name or in such a way as to make him or her identifiable.

Witnesses will have approximately five minutes apiece and members' questions should be brief. There will be a time limit on questions.

I thank Mr. Docherty-Hughes MP for being with us. He is most welcome and we look forward to hearing from him.

Mr. Martin Docherty-Hughes

I thank the Chair and Members of Seanad Éireann for allowing me the privilege of addressing them in this historic Chamber. As the grandchild of Irish emigrants from Ballinglen in County Mayo and Stralongford in County Donegal, it is a personal honour. If my grandparents were alive, they would, like me, recognise the unique privilege I have in being with Senators today.

I believe that my personal history has some resonance with the committee's deliberations. My grandparents were born before the birth of an independent Irish Republic and had family on both sides of the constitutional debate as it unfolded during their lifetimes. While Scotland is another country, the entire island of Ireland and Scotland share a unique familial relationship which few other nations do. I am mindful of the words of the President of Ireland when he addressed the Scottish Parliament on 29 June 2016. The President said:

You might even say that, given our shared and complex history, it has often been difficult to say where ends and where begins, or the other way around. Fundamentally, we are all intermixed migrants, whose shared existence owes more to the transience of our migrations than to the sedentary experience of possessions or property.

That overlapping history and connection may have relevance for the deliberations of the committee, as I said. We hope to share some of our experiences about the almost three-year period of the most recent Scottish independence referendum between 2012 and 2014. From my perspective, there are three main learning points. First, there should be no shortcuts to democracy when it comes to constitutional change. Central to us in the pro-independence position was, and continues to be, international recognition, which cascades from a range of points. There must be recognition of a valid process. If the parties involved do not consider the process valid, no other states will. Such a situation would have devalued the entire process for those being asked to participate.

Further to that is the agreed process and the requirements for frankness and transparency. The philosophy of the pro-independence campaign from 2012 to 2014 was one of relentless positivity and an inclusive, outward-looking philosophy which sought to change the views of citizens on the question of where Scottish sovereignty is held. I look back to the campaign for a yes vote on the question of equality in marriage which led to a change to the Constitution of the Republic. In some ways, it mirrored a positive message. It is about openness and transparency, engagement and deliberation.

Profound change in the existing structure means that there will inevitably be difficult questions which require answers. Indeed, the interplay of the aftermath of the Brexit referendum in the UK is a case in point as rash promises made in the heat of a very short campaign proved to be entirely undeliverable, poisoning the well both at home and abroad. That has meant a reassessment of how to approach seemingly intractable issues. It could be argued that this lack of deliberation and community-led engagement has been at the core of the UK's constitutional, political, social and economic crisis since the Brexit referendum. Community deliberation was a core element of the Scottish referendum debate. Events were held by faith groups, environmental organisations, trade unions and local community organisations, such as community councils. Associational autonomy enables deliberation and discussion away from the limitations of ingrained party political and Government structures, which we politicians may not like to hear. In the independence referendum, small and medium-sized community organisations were at the forefront of the debate, challenging both sides on their positions.

The difference in lengths between the Scottish independence and Brexit campaigns, nearly three years and less than 12 months, respectively, was seen by many as contributing to the tangible differences in the way the substantive issues were treated in both campaigns. The Scottish constitutional conversation has been ongoing since 2016 in the aftermath of the Brexit result. Therefore, the second independence referendum campaign and its considerations have been ongoing for a considerable amount of time, not only since the recent submission made by the Scottish Government to the Supreme Court of the UK to enable another referendum.

The Brexit campaign of less than 12 months gave little opportunity for deliberation and reduced the debate to mere sound bites, which, for some, became easily manipulated to fit certain positions, notably via the use of big data. There was no real community engagement or leadership. There were few public meetings and a challenging media process. What is marked on the Brexit results is the clear split across the United Kingdom of Great Britain and Northern Ireland, as Scotland and Northern Ireland both voted heavily to remain while England and Wales voted to leave. This continues, as Senators will appreciate, to influence the political and economic relationships across these islands. Therefore, the short and stunted Brexit campaign has had a profound impact on the political life of these islands. If there is a learning process, I am of the opinion that the three pillars of the Scottish debate were not replicated in the Brexit referendum. Indeed, the Brexit process is from a playbook of failed positions, which I think many on these islands know only too well. From what we have seen in recent weeks in the UK, it continues to have grave social and economic consequences for the UK and Northern Ireland.

Frankness and transparency are important, particularly in respect of complicated constitutional issues, to build trust with citizens. There is a requirement for a robust and historic civil society as an integral pillar of democratic life to enable deliberation. A long and open-ended deliberation or, as I like to say, a conversation, can be good for solidifying a coherent national debate. I look forward to hearing from the rest of the speakers and engaging with the questions from Members of Seanad Éireann.

I thank Mr. Docherty-Hughes. He referred to frankness, transparency, civil society engagement and deliberation, and conversation, which is a part of what we are doing here today. I call Mr. Richard Thomson MP.

Mr. Richard Thomson

It is a great privilege to be able to address the Seanad on this issue. I will not cover the same ground that Mr. Docherty-Hughes has covered. I will limit my contribution to a couple of additional points. However, I endorse everything my colleague said in his presentation.

I am speaking from the perspective of having been involved in two recent referendums, namely, the Scottish independence referendum of 2014 and the Brexit referendum of 2016. I very much hope to be a participant in another Scottish independence referendum in the not-too-distant future. Particularly when a referendum involves a major constitutional change with international ramifications, there is real importance to its internal legitimacy with the country's polity, whether citizens support the proposition or not, and its external legitimacy, which relates to the soundness of the process and the means by which it is conducted. The clarity of the proposition and the process are key to legitimacy.

To contrast the 2014 Scottish independence referendum with the 2016 Brexit referendum, the Scottish Government produced a document of almost 600 pages on Scotland's future. It did not meet favour with everyone, as one would expect, but nevertheless no reasonable objective observer could say it was not obvious what the parameters for a future independence negotiation would look like and what the Scottish Government hoped a future Scottish state would look like and the relations it would go on to have with the rest of the world. I would contrast that with the official campaign materials for the Brexit referendum, which effectively amounted to a couple of sides of A4 paper and not much else. There is no comparison between the two processes in terms of the length of time for engagement or the quality of the information provided.

Politicians must ensure clarity of process. The public are generally more interested in what it means for them. There was certainly clarity of process in 2014. The Edinburgh Agreement between the Westminster and Scottish Governments established that the Scottish Government had the power to go ahead with a referendum. Having agreement between all sides on the ground rules is extremely important.

I am happy to draw my remarks to a close because I know we are under some time pressure. I am happy to participate as fully as possible in the question-and-answer session to follow.

Mr. Thomson might have to slip away because he has a flight to catch. We do not want him to get caught between traffic and Dublin Airport's fantastic security system.

Mr. Raymond McCord

I thank everyone for inviting me to come down here and speak. It is great that someone from the unionist community is getting the opportunity to speak here. At the minute, there is no leadership in the unionist community. There seems to be more debate in Dublin than in Belfast. The unionist politicians fail my family and the community.

Regarding the referendum, I would like to think the people from Northern Ireland and the Republic of Ireland have learned a lesson from Brexit. The lies that were told during the Brexit campaign from both camps did not help. People in Northern Ireland voted to remain, as I did. Again, unionist politicians decided to go with what the rest of the UK said. The troubles we are having at the minute and the issues regarding the elections in Belfast are a failure not just of the unionist party but of politicians over in London. Again, the word "failure" keeps coming up.

As somebody from the unionist community, I have no fear of a referendum as long as it is done properly. Until now, the talks that have taken place in Belfast regarding what we would term a border poll have been totally wrong. One community being represented at debates will not help people, the vote or the referendum. All it will do is inflame the old orange and green argument, which is part and parcel of the problem in Ireland. I want what is best for my grandchildren in the future, not what certain politicians from both communities want. I cannot just point the finger at the likes of the Democratic Unionist Party, DUP. The referendum has to be done in a fair way. I took a court case for a border poll to Dublin courts and also in Belfast. I wanted criteria set so that none or both of the two biggest parties in Northern Ireland, Sinn Féin and the DUP, can use a united Ireland poll – or not having one – as a big stick at elections to make it an orange and green issue. It should not be an orange and green issue; it should be a people’s issue. That would be something rare in Northern Ireland politics.

When I see what is happening in Belfast in talks related to a united Ireland and what happened at the Waterfront Hall, I see a total lack of respect for the unionist community, with unionists not being called to speak and give their opinions. We have come down to Dublin today and we are welcomed. The welcome has been great, as are the people here and the time and effort put into this for my solicitor and I to come down. It is completely different. I want to see that happen in Belfast long before there is even talk about a referendum. I want to see the parties or organisers invite people from the unionist community so they are not frightened of speaking and telling the truth. That is what is happening in Belfast. There is a fear among political parties in Northern Ireland of unionists speaking and calling this out for what it is.

Unionists look at what happened over the years in Northern Ireland. I have said many times that nationalist people were discriminated against. I worked in a shipyard and I saw what happened. Will there be discrimination in reverse? Is it the case that people in political parties will say the Brits do not want unionists, so they have no choice and will do what we say? That will not work. Many issues need to get ironed out in a referendum. Will unionists ask people in Dublin whether the police force down here will be 50:50? That was a big thing in Northern Ireland and I was glad to see it changing.

The police in Northern Ireland did not only discriminate against Catholic people. It discriminated against Protestant unionists. The case of my son and other people from the unionist community are classic examples of that. I hope the Dublin Government and the people talking about a referendum learn from that.

I will welcome a referendum but long before it happens, there needs to be discussions with people from the unionist community. I ask the Senate to ensure it is ordinary unionist people who get to speak. Unionist politicians have shown they do not represent us. I do not want to see people who would be seen wearing suits in the daytime and balaclavas at night within our community. I ask the Senate to invite more people from the unionist community who are not afraid to speak out. This forum sends a message to people from the unionist people that they are welcome.

I will make a criticism of the Senate, and it is a good criticism. I do not see unionists sitting in the Irish Senate and I would like to see that. That is needed before we even start talking about having a referendum.

I call Mr. Paul Farrell who was the solicitor in the case Mr. McCord referred to in relation to taking the Secretary of State for Northern Ireland to court. Mr. Farrell might outline that.

Mr. Paul F. Farrell

Like everyone here, I am honoured to be able to speak to the committee and make comments, not only in support of Mr. McCord but also more generally in relation to any future referendum on the reunification of the island, or otherwise. All the speakers have consistently said that time is important. It is important to take our time over the issue and address whatever concerns the unionist population in the North may have before any transition into an all-Ireland system of government.

Mr. McCord made a very good point on trust in institutions. He is a prime example of someone who comes very eager and willing to engage with anyone, whether that be from the Westminster side or the Dáil, or even the assembly if its Members would engage with him. It is important that people like Mr. McCord from the unionist tradition have that opportunity to feel they are part of the process.

I note there are people form Ireland's Future here, including Professor Harvey and Senator Black, and I know it is doing good work to encourage those from what would not have been seen as a republican or nationalist tradition to engage in the debate. I will move on to where that debate should be engaged, particularly from Mr. McCord’s point of view. We have endured a horrible 25 years of trying to get answers and justice in relation to the murder of Mr. McCord’s son, who was also called Raymond. We were first out of the blocks, so to speak, to confirm that there was collusion in his case. That was done via Operation Ballast, the Office of the Police Ombudsman for Northern Ireland’s report under the stewardship of the Police Ombudsman. We know there was collusion. I would have expected an outreach from the unionist community to address that collusion and to sympathise with Mr. McCord. That was not forthcoming. If that is the mindset, it is a difficult mindset that we will all have to challenge. There are things in a referendum that might lead to new structures and new institutions in an agreed Ireland but this must be done within the context of a rights-based government. We all must come to this with equal human or civil rights.

I do not have much more to say. I am not a man with political nous or anything close to it.

However, I support everything that Mr. McCord said. I agree that there has to be time taken but, to underscore my point, time must be taken to persuade those who may have difficulty in coming to terms with a new agreed Ireland that it is not a bogeyman and it can protect people such as Mr. McCord and his son from the horrors they have endured.

That is all I have to say. I appreciate the time the committee gave me.

I thank Mr. Farrell. I call Professor Colin Harvey.

Professor Colin Harvey

Gabhaim buíochas leis an Chathaoirleach. I am absolutely delighted, and pleased and honoured, to be here. This is an historic moment. It is an historic process that the committee is engaged in.

I have made my written submission, which the committee can read. I will not reiterate that. In that written submission, in my professorial capacity, I have listed some of the work that I have been doing in the school of law at Queen's, at least a professor in the school of law at Queen's at this stage on a Thursday evening.

All I want to do in addressing the theme of the session this afternoon is to raise and try to answer three questions. I very much appreciated listening to all the previous speakers as well and look forward to the discussion.

I want to ask why, what and where - three questions. Unlike me, I will try to answer them.

The why question is, "Why are we here in this session talking about this subject?" We are doing it because of something of foundational and fundamental significance - the Good Friday Agreement that we will mark the 25th anniversary of next year. We really need to reaffirm the significance of that agreement here today.

What that agreement does is, in some ways, complex but, in many others, quite simple. It rests the constitutional status of Northern Ireland on consent. The agreement rests the future of this island, not on a political party, not on an institution, but with the people of this island and popular consent.

When we are thinking about the criteria for a referendum, the purpose is of fundamental significance. That essentially means, in terms of the agreement, and being conscious of having five minutes, that the people of the island of Ireland have a right of self-determination subject to the principle of consent in Northern Ireland. Essentially, what we are talking about is concurrent consent on the island of Ireland in referendums, in my view, North and South.

Aspects of the process are clear and other aspects of the process that require more debate, discussion and clarity. The initiator or trigger of the process, which attracts a lot of attention and I suspect is a focus for some of this discussion today, rests on the Secretary of State, the UK Government and the Westminster Parliament. As everyone here will be aware, there has been litigation. There has been much discussion about what that, in fact, requires. There is a duty but also a discretion in terms of what might appear likely to the Secretary of State and the discretionary component of that. As the litigation has made clear, there is considerable flexibility given to the Secretary of State but there are also constraints tied to the agreement. While, as many members will be aware, I have written a number of letters to the Secretary of State seeking more clarity and certainty in terms of the "what it means", I would like to bring us back to how I started, which is that, while we should demand more focus and attention from the Westminster Government on this issue, the future of this island will be determined by the people of this island and the conversation needs to be led from Ireland.

The focus of my opening statement is the need for planning and preparation. "Where next?", is the final question. We should keep on, and I will keep on, writing letters. It does no harm to keep bringing this up in London, too, where it is often neglected but we need to bring this back to this island. We need to plan and prepare. The civic initiatives that are operational and all the wonderful work that the committee has heard from needs to continue. The shared island unit needs to become much more ambitious and embrace the full meaning of what it means to talk about a shared island. The Oireachtas, for example, needs to continue with its work. This cannot be a one-off event. The committee has important work to continue to do and I hope this continues. We need all-island civic initiatives as well to continue and people have, quite rightly, talked about an all-island citizens' assembly or more than one to carry this work forward. All the various academic work needs to continue too. It needs to continue for this purpose because the agreement does rest the future on people. We should focus today on the criteria and what that means, but our primary focus today must be on proper planning and preparing and get it right so that political and civic society work together on this island to essentially prepare a proposition.

I will end on a personal note. At its core, this is quite simple. I live in Belfast but I am from Derry. I have travelled down here to Dublin. I have travelled from outside the EU to inside the EU and I will travel back to Belfast this evening, out of the EU. This now becomes a return option for the people of Northern Ireland to the EU. That changes the dynamic but the Good Friday Agreement gives me a choice. Every day I hear about the principle of consent. I want to exercise the choice I have. I want to be asked the constitutional question and when I am asked, I want to know in a detailed, planned and thought-through way the consequences of my answer.

I thank the committee, once again, for the invitation to be here today. I look forward to the questions and, hopefully, some answers.

I thank Professor Harvey for his work on this important issue. It has come at no small personal cost to himself in terms of the opposition that he faces. We all are aware of that.

Before I bring in the next speaker, I welcome to the Distinguished Visitors' Gallery two people who brought great pride and joy to Ireland in totally different fields: Rob Kearney, who has graced many a field around the world and brought great joy and pride to Ireland wearing the jersey of Ireland; and Diarmuid Gavin, who has been involved in many projects down through the years and has brought great joy to many people in the world of landscape artistry and gardening. Mr. Gavin and myself worked on a project together where, in 2016, we came up with the concept of gardens of remembrance and reflection named after the seven signatories. Diarmuid designed all the seven different types of gardens, which had three elements in common - a flagpole for the national flag, a replica of the 1916 Proclamation and seven trees for the seven signatories. It has not been replicated anywhere in the world. Three hundred and sixty-five gardens were installed in one year to commemorate all the men and women who served in the 1916 Rising and were part of our greatest generation. Having done so much for Ireland and brought so much joy to so many people, I am delighted that both of them are here today. I thank them for being present

We will now go on to the next contributor, who is the other Mr. Paul Farrell.

Mr. Paul J. Farrell

I thank you, a Chathaoirligh, very much, indeed. It is an honour to be here.

I have long had this thought in my mind and when I saw the advertisement to put in submissions to this distinguished committee, I decided to put an A4 page together to represent the concept that I had in my mind. It is a great privilege to come and spell it out. I do not propose to spend all of the five minutes. To me, this concept has to be looked at as just that - a concept.

There is so much to be discussed before we arrive at this point and before we look at what it is we are talking about physically. The proposal is that we should consider, within a combined structure, that if there is going to be a government in some form, it is a government for the whole island, that we should be prepared to locate that seat of government outside of what is now the Republic, the South or the Twenty-six Counties - I could list all the options I am supposed to use for that - and that we should look at saying it should be in Ulster within what is now Northern Ireland. This fits into two parts of my thinking. I do not believe this is nonsensical from a Dublin point of view. I am looking at a number of civil servants working for the Ministers and the Attorney General, that is to say, the seat of government. There is a comparison with the Netherlands, where the capital is Amsterdam but the seat of government is The Hague. That component here could be somewhere in Northern Ireland, representing the entire island but taking away from Dublin a population or a number of positions roughly equal to the expansion of Dublin in a two-year period. It would be that order of magnitude.

Dublin is expanding at a rate that there is a constant pressure for housing and transport, so this would be a very small gesture. One would take the offices that are in Dublin, including this one, and start afresh. There would be great opportunities for landscape gardening, Chairman, and for wonderful environmental spaces properly developed for the demands of climate change and so forth. This should simply be put into the document as a concept and a proposition to meet much of what is being said on either side of me here today with regard to how open we are and how we would have a proper approach to what a united Ireland would look like. I will not flog the details around measurements and all of that. I have given a little thought to that but it is completely out of place here. That is the proposal I put before the members and I would love the committee to consider it.

I am conscious of Mr. Richard Thomson's time because he has to be on an aeroplane. I will allow people to fire questions quickly, and then we will give him an opportunity to answer first. I will call as many as I can before Mr. Thomson has to leave.

I thank all of our guests. It has been a really fascinating process today. It has been very informative. It was very exciting to hear everything that was said today. I will try to keep it short. I will come to the Scottish National Party first. I warmly welcome everyone but I am really delighted to see them represented here today. Will the witnesses speak a little more about the White Paper that was produced ahead of the referendum? It was a phenomenal document and much work went into that. What role did it play in the campaign? What lessons can we learn from it when we are looking to plan and prepare for possible potential constitutional change? Do the witnesses believe the Irish Government should be working to produce a similar document? That is my first question.

I warmly welcome Mr. Raymond McCord. It is lovely to see him again. I always love to see Mr. McCord here in Leinster House. I also welcome Mr. Paul J. Farrell and Mr. Paul F. Farrell. We had some unionist voices in here a couple of weeks ago. Those representatives gave powerful presentations and it was really wonderful to hear their voices. Some of it was very moving and I was very emotional. They mentioned some of the issues that were raised in the submissions today such as the secularisation of our education system and protecting unionist culture and traditions. What kinds of measures would the witnesses like to see adopted around all of that? Mr. McCord also wrote in his submission about the damage that paramilitarism continues to inflict on communities in the North. How does Mr. McCord believe this could be tackled on the island of Ireland?

Professor Colin Harvey said there is scope for co-operation between the human rights commissions on both sides of the Border to focus on human rights challenges in both jurisdictions, and to ensure any constitutional change is grounded in the principles of human rights. Will Professor Harvey speak about some of these challenges and how they can be addressed? Will he also speak a little more on the importance of planning and preparing?

Mr. Paul J. Farrell referred to offices moving. I would love to go to Belfast. I would love our office to be moved to Belfast and I would love to live there for a while.

I offer a very warm welcome to our guests. I thank them for their very helpful contributions and very individual approaches. I wish to ask a few questions. I belong to a body of people who greatly aspire to a united Ireland but who believe that a referendum should not be held until we are at the point where it would be much more than a 51:49 situation, where there would be very strong support for a united Ireland, and where there would be a consensual situation. Otherwise, it is the view of people like me that it would create a situation that would flip the nationalist objection to the existing State. We do not want that. Perhaps one of panel would like to take up this point and comment on that.

I was interested in some of the propositions that Professor Harvey made. I certainly agree about expanding the shared island unit. Will Professor Harvey elaborate on other ways that we could prepare? The professor made a very good point. It is about building relationships and bringing people together.

Finally, I come to the Scottish National Party representatives who are all very welcome. I will ask them to do a little bit of crystal ball gazing around where they see their independence is at now. When do they believe Scotland might hold another referendum? What do recent opinion polls suggest, and what data are they collecting in terms of the future?

I will not elaborate beyond that other than to ask for a reaction to my proposal. I sincerely believe that we should be planning and we should be bringing people together. I might not totally go with the interesting proposition about Belfast but it is creative and is different and we want to be creative. It will have to be a creative solution ultimately, and it will have to give expression to all of the traditions on the island and all the groupings. I would be interested in the witnesses' reaction to my broader proposition that we should wait until we have statistics and data to suggest that there would be a very strong majority for a united Ireland, and that we should not move before that.

I will be as quick as I can but there is a lot to take in. I thank all our guests very much for their contributions. I also want to make the point that Senator Black made about this committee and these institutions being really keen to hear unionist voices, and to hear more unionist voices. If there is anything we can do in that regard, we will. It is important. I agree that we all want clarity around those steps, and what the mechanisms and criteria are for this question, in parallel with the learning and the preparation.

I wish to ask a question of our colleagues from the Scottish National Party. I thank them for making the journey today. I am very conscious of not wanting to keep Mr. Thomson from missing his fight. Reference was made to the broader civic society, community and trade union mobilisation around the independence campaign in Scotland. I would like to get the witnesses' views on, and perhaps expand on, the issue of government preparation. It touches on the White Paper, and now in the context of the next referendum. How important was the Scottish Government influence, practice and work in the independence campaign?

My last question is for Professor Colin Harvey. I am very conscious of what Professor Harvey has had to endure over the past couple of months and years for simply engaging in his academic profession. It is very important to remind ourselves of Professor Harvey's leadership in academia.

We must also recognise Professor Harvey's scholarly publications on complex constitutional issues and the way he has simplified them for people who want to take this debate forward. His contribution has significantly advanced that debate. I thank and recognise Professor Harvey and Mr. Mark Bassett for their support for the Good Friday Agreement in their latest publication. That is important to say because I am conscious of what Professor Harvey is enduring today. All he is doing is adhering to and seeking to give effect to the Good Friday Agreement. That should not be contentious or controversial and he should not be targeted off the back of that. My question for Professor Harvey is on the importance of a citizens' assembly and giving a home to this debate. What practical role can the Irish Government play in this debate going forward?

No matter who it was but I thought it significant that Rob Kearney came into the House and sat in the Distinguished Visitors Gallery because in representing Ireland in rugby he is representing all of Ireland. There is no better manifestation of Ireland working at its best that when it works as one. I was conscious of that during this important debate.

I thank the witnesses for being here. Each of their contributions has been hugely valuable and quite different but there is a spectrum of issues to think about. I agree with Mr. McCord that we need to hear from ordinary unionist people. It is significant that he is here and that we heard from other unionist voices in recent weeks. I ask Mr. McCord to tell us how important it is to think about legacy and people's rights to truth and justice in all of this.

My next question is for everyone. The impact of big data on the Brexit campaign was mentioned. We have different electoral laws but when it comes to communications, how would a referendum on the same island but in two different jurisdictions and with two different sets of electoral laws be managed? That will be complicated and we need to think about it. We also need to think about how fundraising is done and how it would be paid for and influenced.

I agree with Professor Harvey that this forum cannot be a one-off event, and it is not. This issue is firmly on the agenda, including in the Joint Committee on the Implementation of the Good Friday Agreement, which is a good home for it because the committee is attended by British Members of Parliament, Deputies and Senators and, given the nature of the Good Friday Agreement, it engages across the islands on different issues. The committee will do a report on that and we are only moving in one direction.

How likely is it that we will be able to come up with one proposition to sell to people? I am thinking back to the New Ireland Forum and its outputs. Could we look at that process before we get to the point of having a citizens' assembly? We could produce three ideas on how to do this and then let the citizens get involved, while concurrently engaging in the wider conversation among community and civic groups because that is essential.

I refer to the representatives of the SNP and their experience. It sounds like they feel Brexit was a stunt and that the referendum was based on a paper-thin argument that had not been interrogated. It was stated that Brexit should be interrogated, that communities and civil society should be involved and that the process should be long and open-ended. On that point, we here have started on a bad footing because there is an emphasis by some parties on a border poll instead of talking about constitutional change being the priority. I am going back over the last couple of years and that has hurt this process because a border poll can be seen as a stunt, as opposed to the bigger question and the legitimate and necessary conversation around constitutional change and our constitutional future. I ask the witnesses for their opinions on that because calling for a border poll here and now flies in the face of a long and open-ended debate.

The Chair will be glad to hear that many of the questions I had intended asking have already been asked. I thank Mr. Docherty-Hughes, Mr. Thomson, Mr. McCord, Mr. Paul F. Farrell, Professor Harvey and Mr. Paul J. Farrell for attending. This committee was set up to listen and that is what we are doing today.

I will make some quick points and they go back to what Mr. McCord said about community and inclusion. The fact that he is here today is brilliant and I welcome him. Mr. Docherty-Hughes said that community was at the heart of the Scottish referendum. This was touched on by colleagues. Maybe all the witnesses can come back in to say how important that is. What we have heard in recent weeks is how important inclusion and community will be. We are hearing that again today and that is of vital importance.

The other issue I will raise is the 600-page document versus the document of a couple of sides of A4 paper. My colleagues referred to that already and we might expand on it a bit. Who puts that together? Is it community or political? Where does it come from and where did it come from in Scotland? That is important. Senators Black and Ó Donnghaile touched on it as well.

I ask the witnesses to expand on those two questions. We are delighted to have them. This is all about inclusion and they are all welcome.

I will bring in Mr. Thomson so he can leave

Mr. Richard Thomson

I will canter through this. I can go on a bit so if I do, it will be my fault if I miss my flight. Senator Black asked about the role of the White Paper, which was pivotal when it was launched. It is telling that there was no equivalent document on the UK side of the argument to say what it would mean if people voted "No". We were told about a lot of the things that would happen if we voted "Yes". For example, we were told we would have significant economic difficulties and we would be out of the European Union. Thank goodness, none of that happened. The White Paper was huge and it provided answers and a forum and basis for discussion. If it had a shortcoming, I would argue that it was in danger at times of being overly prescriptive in policy terms, whereas it might have been better being stripped back to what the arrangements for the state would be. What is then done with those arrangements is entirely down to the realms of politics. In that sense, it changes nothing except it gives the power to change everything. That would be an argument from the Scottish perspective rather than the Irish one. If the White Paper was in danger of misfiring anywhere, it was on that point because it could have pushed some people away in some aspects. As a document that was produced to answer the questions it could answer and to signpost, it played an important role. This comes back to what I said about the clarity of proposition.

On when to hold a referendum, the short answer is that for any proposition, the right time is when you think you might win. However, for a significant constitutional process with international ramifications, you would want it to be at the end of a thorough process involving as many stakeholders as possible, one in which there has been dialogue, listening, understanding and accommodation before the question is then tested in a binary format.

On Scotland's independence referendum, I hope one will be held in autumn of next year. Members might have seen that the proposition is in the United Kingdom's Supreme Court because, unlike in 2014, there has been no agreement to date between the United Kingdom Government and the Scottish Government about whether the Scottish Parliament has the powers to legislate. There are 8,000 pages of submissions but to boil it down to its essence, one either believes the power to do that is reserved in Westminster, in which case a referendum cannot be held, or, alternatively, because the referendum is not self-executing and does not of itself change the UK constitution, it is within the Scottish Parliament's power. That is a simplistic and boiled down version of the argument. When the referendum happens will depend to a great extent on what the outcome of that judicial process is. Polls are nip and tuck; they go up and down but, broadly speaking, the gap has narrowed since 2014. That is largely attributable to Brexit and its consequences. It is still eeksy-peeksy, as we might say in Scotland.

Senator Ó Donnghaile asked about the importance of the Scottish Government's role in civil society. Its role was huge and it produced the White Paper, which enabled a range of discussions to then take place. It was the work of the civil servants involved in preparing that document that allowed the concept to emerge from the abstract.

To that extent, it was very important. There were many people on the opposite side of the argument who, with remarkable speed and skill, dismissed it within minutes of the document being published, but it endured well beyond that. Questions were also levied about how fair it was that one side of the argument should have access to the levers of the state to produce this. From my perspective, I thought the UK Government, particularly the Treasury department, was not slow about producing alternative documents to boost its own case. Again, I think that comes down to clarity of proposition and clarity of process about how one would wish that to happen.

The Scottish Government also tried to foster a national conversation. It was not successful in getting political parties other than perhaps the Scottish Greens and some of the parties on the left to join that. I thought that was regrettable because it would have provided a level playing field. There was no doubt about the fairness and impartiality of the civil servants who would have been fostering that. These discussions were very important.

I have spoken about the proposition. It might have been better if it was minimalist. In terms of big data and the clarity of process agreed between the governments, it is very important to make sure there is an equal playing field in terms of spending data and how things like that might work.

In terms of community discussion, and Mr. Docherty-Hughes will have different stories from his neck of the woods in Scotland, I remember packed village and town hall discussions, which one would not normally get in an election. I remember Nicola Sturgeon coming to Inverurie, which is a town at the heart of my constituency, and the place was absolutely packed, with more than 300 people there. In the end, we tried to get people who were voting “Yes” to leave to allow people who had not made up their minds yet to come in and hear what we had to say. The public meetings and that sort of level of engagement were unparalleled, in my experience. We certainly did not see anything like that for the Brexit referendum.

I will finish with a story about a lady in Inverurie who I canvassed during the referendum. When I knocked on her door, she looked me up and down and I thought, “What is coming here?” I gave her my spiel and asked her could I ask some questions. We had a sliding scale of 1 to 10 and I asked her what she thought about independence, with 1 being “never in a month of Sundays” and 10 being “sign me up now”. She did not really answer me. She said, “Well, if you had asked me two weeks ago, I would probably have been a 2 or a 3, but if you ask me now, I would probably be about a 6 or a 7.” I thought that was very interesting and asked her what prompted that. She said her son was still very much against it but that, in the past week, she had been in a friend's house to share a bottle of wine and they started talking about the referendum, as everyone does. She said that over the course of that evening, with that discussion, her friend had started to change her mind. This was not a professional politician or even an amateur politician; it was just a discussion. You could sense it going through the streets and communities. No doubt it happened the other way as well, but it was almost like people giving each other permission to feel a particular way about something, in the sense that if somebody like you can support this, perhaps somebody like me can do so as well. Quite often, it was discussions that the politicians were not directly involved in that were crucial in helping people to make up their minds. Nonetheless, without that clarity of process and clarity of proposition, and the effort to disseminate information in as impartial a way as possible, as well as all the normal campaigning that went on around that, I do not think we would have had nearly as satisfactory a process as we did.

My party is often told to respect the outcome of the referendum, and of course we have done so because Scotland is not independent. However, even on a split that was narrow, it was as decisive as it needed to be and all parties were able to emerge at the end of that process respecting the outcome and getting on with all that the public expected them to do afterwards. I do not think we could have done that if we did not have such a clear process and a commitment to sharing as much information as possible and to having that open dialogue. Irrespective of the proposition or irrespective of where that discussion is taking place, these are key elements that anybody should aspire to try to replicate as far as possible. We did not get everything right by any stretch of the imagination, but I think we got quite a lot of things right and that is reflected in the state of our politics currently.

I know Mr. Thomson has to leave, so I thank him for joining us today. I call Senator Michael McDowell.

I welcome our guests and I wish Mr. Thomson bon voyage. It is 24 years since I and Paul Farrell served together on a committee that reformed Irish company law, and it actually succeeded and was a very worthwhile proposition.

The points I want to make are as follows. There is a really serious issue as to the clarity of proposition. The Brexit referendum shows clearly that if you ask people to vote for Irish unity as a concept, or for the UK to leave Europe simply as a concept, you are asking people to buy a pig in a poke. Therefore, the proposition must be understood by everybody as to what exactly is on the table. Senator Currie has made the point and I think it is one that needs to be clearly understood.

We had a forum on a new Ireland, or whatever it was, and it looked at a confederal solution, a unitary state, a federal state and whatever else. It looked at all of those three models, but when it comes to a referendum, one of those models is going to have to be on the table. One cannot have all three on the table and just a general licence to think of what unity means after the event. That is why the conversation and the work Professor Harvey has mentioned needs to be done, especially on the side of those who want to have a referendum on this issue. The unionist people in Northern Ireland and unionist politicians, as I see them, do not want to have a process which has only one end, and that is the end of their political aspiration. Those who are not unionists have to come up with a package which can attract a majority in Northern Ireland - a good majority - and it has to be a good package. That is why I believe strongly we must decide what kind of model we are talking about. There is no point talking about one of three models or asking people vaguely to select between three pigs in a poke. They are entitled to know precisely what they are being asked to vote for in a referendum.

I strongly believe a unitary state is not going to happen in the next 20 years. I believe the unionist people in Northern Ireland - when I say the unionist people, I am talking about people with a British identity - if any of them do support Irish unity, will most confidently support a confederal model where the two bits of Ireland carry on to some extent as they are and share their common membership of the European Union.

I put it to Paul Farrell that, if there were a confederal Ireland, there could be a confederal seat of government of a limited kind. We do not have to rebuild Dublin in Armagh or something like that. There could be a Canberra, a Washington DC or a Swiss arrangement, where the seat of government or the confederal institution would be a smaller thing, and I would be quite happy to have it located north of what is now the Border.

I welcome our guests and thank them for their time. First and foremost, I believe three things need to happen as we move through this process. First, on a point to Raymond McCord, we need a truth commission that will involve the security forces and the former terrorists on both sides. We need open and honest discussion and debate, and we need to know what happened in the area of collusion. I gave a speech to the UDR some years ago about collusion and its involvement in collusion. We need to have that open conversation.

The next thing is that moving towards a referendum for a united Ireland is too crude a question. Senator Currie made the point about this push for a border poll. It is something I would have serious difficulty with because I do not think we are ready for anything like that.

Leading on from what Senator McDowell has said, I want to put a bit of a mad notion on the table, like his own mad notion, and see what response we get here. I would favour two referendums. The first referendum would empower both sides of the Border to put together a structured team which would analyse the major issues that would confront both jurisdictions as we move from where we are.

For example, a very simple one is how we replicate the NHS. That may very well be the single issue that would bring down a Border poll or referendum on some sort of united Ireland. The team must be given time to explore all of the issues in order that it can then bring to the people the type of referendum Senator McDowell has just spoken about, namely, one that has dealt with all of the issues, in order that we are putting a serious proposal before people on both sides of the Border, rather than the notion of a crude 51:49 approach, as outlined by Senator O'Reilly, which simply will not work.

I will leave it at that. I thank the Cathaoirleach very much for letting me in. I should have congratulated him on putting this together. It is an excellent forum.

I thank Senator Craughwell. I thank the participants and all the Senators who have come here over the sessions that we have had. I invite Mr. Farrell to speak.

Mr. Paul J. Farrell

To pick up on Senator McDowell's point about a confederal solution, which would certainly suit better in terms of scale, but I do not want to over-emphasise the scale. It is not that big. All of the government would easily fit into a square kilometre, with plenty of green spaces for landscape. It is not that big.

Second - this is the only other point I am going to make - I never mentioned Belfast. I deliberately never mentioned Belfast. I said "in Northern Ireland" and asked what is Northern Ireland, and I can see lots of opportunities as to where that might be. In some way, I reference in my note the train line between Dublin and Belfast, as that could be a vital component of it because it is going to be feeding into the two communities. If it is not confederal, we are looking at two civil service structures that have 20,000 people in each of them. We do not know what is going to happen. That is ten steps ahead of where we are now. The whole point of my note was to put it into the document, so at some point somebody would turn around and say let us look at that.

Mr. Raymond McCord

First, I would like to address what Senator Black was talking about, which is communities and cultures. There needs to be respect. People will not respect each other's community if the politicians do not do it. Many people from within the community criticised me coming down here today. The attitude among the sectarian side within unionism is that I am coming down here to promote a united Ireland, which I am not. I am only discussing a united Ireland. I want to know what is going to be best. What I see is the total disrespect of the two big parties towards each community. The people look at their politicians to hear what they are saying. For me, everything should be non-sectarian. I suggested at one of the events in Belfast that we make sectarianism a crime and that we should not be afraid to prosecute political people for it. We want to move forward. I agree that it will be a long time, if ever, before there is a united Ireland. If people want to put up a case for a united Ireland, I feel it has to be a place where people within the unionist community are allowed to keep their culture. I am not in the Orange Order. My father was in the Orange Order and in the flag institution for the apprentice boys. I had no interest in it. There are a lot of people who have great interest in it. It is part of their life. Let me turn it around and say that if we cannot be united in Belfast how can we be united with Northern Ireland. People do not want to see people from the unionist tradition in their community or walking down the street. I can see why. The tone is that they are not welcome in this community because it is a nationalist community. I agree with them. On top of that, the erosion of the unionist community by political people in Northern Ireland is continual. People within unionism feel that they want to remove as much unionist and British culture as possible. I am 100% confident in saying that if there were a united Ireland, at the minute, unionist people would say "No".

We are talking about building structures and organising a truth commission. My opinion is that a truth commission will not work. This is not South Africa in any way whatsoever. This is about two communities. In South Africa, it was a majority who were discriminated against. In Northern Ireland, people from the nationalist community were discriminated against for years, along with Protestants too. There was bad housing. When I lived in York Street in the docks area, our houses were the exact same as those on the streets on the other side of the road from us in the New Lodge Road. People had their eyes wiped - vote for us or it is a united Ireland.

With respect, there is too much emphasis being put on the academics. The majority of people are not academics. They are working class people who did not go to university, but they know what is right and what is wrong. We had events at Queen's University and Senator Daly and Senator Currie attended them. Some 99% of the people who speak at them are ordinary working-class individuals, and they are successful. One of the problems I see in Northern Ireland in getting people together and dealing with the legacy of the Troubles is academics telling us what is best for us. It used to be politicians telling us what was best and now we get academics who are putting out papers that are being commissioned. I met Professor Harvey before.

I agree with Mr. McCord.

Mr. Raymond McCord

I am not getting at Professor Harvey. We met before. They put papers out, which ordinary working-class people have no interest in. We do not need a big document comprising 40 or 50 pages to know that murder is wrong or that we should respect each other. We know there should be equality. We know what the truth is. We do not need a truth commission. I know that the people who murdered my son were working for the state. I do not need a truth commission to tell me that. I do not need the murderers to come forward to tell me that. We know that, but it looks good for some academics. This has long been a real bugbear for victims: being told the way forward by people who are not victims and those who do not live in the same way. In Belfast in particular, you go from a Protestant area into a Catholic area and back into a Protestant area. Perhaps a good suggestion would be for all Protestant men to marry Catholic women and vice versa in order that we would all get together that way. Senator Currie might agree with that.

Professor Colin Harvey

We could trial it.

We might bring in one of the academics in a moment. I am anxious to hear from Mr. McCord's solicitor, Mr. Farrell as well.

Mr. Raymond McCord

A lot could be done through the Seanad. It is not happening in Belfast. It is about point scoring for political parties, it is not about doing right for victims and the people. I would love to see more people from unionism coming into the Seanad. For me, on a personal level, I would love to come down and address the Seanad with a friend from the nationalist community.

We did this in Derry. We had an integrated school. It is the same with conflict issues and the way forward. I will not exclude all academics but I will exclude most of their ideas.

All right.

Mr. Paul F. Farrell

On the proposed or prospective border poll that may arise at some stage in the future, and it is probably inevitable that it will arise at some stage in the future, I meant to say something briefly on Mr. McCord's case. This was taken a number of years ago regarding the circumstances that the Secretary of State would regard as compelling enough to trigger a border poll. What that case really exposed was how the mechanism for calling for a border poll is focused solely in the office of the British Secretary of State for Northern Ireland. Now, 25 years later, we are living in a post-Brexit world and there certainly does seem to be a zeitgeist rising about a unity referendum.

The question that now arises as a result of the circumstances is that the focus is completely on what circumstances may be considered as triggering a border poll. I am well aware that it is not within the mechanics of the Good Friday Agreement and there may be political consideration but is it something the southern Government should consider discussing with Westminster, with particular reference to the Northern Ireland Office and Secretary of State, as to what those conditions are or may be? Recently we had an example where the shadow Secretary of State made a public declaration that he thought that circumstances may have been met as a result of elections. We need to know whether they are met and what are the conditions.

I understand the reference to majority by 1% is difficult and problematic. This is what the Good Friday Agreement provides for. If it is going to be restricted from a majority of 1% to a situation where the Secretary of State will have to be satisfied there would be no widespread civil disorder let us get it out on the table now. Until this is clarified we will be confused as to whether it is 1% or whether it is consideration of widespread civil disorder. If this is a reason the Secretary of State could withhold a border poll we could be held to ransom forever because there could always be the threat of widespread civil disorder in Northern Ireland. The conversation has moved forward and it does need to be redefined.

I call Professor Harvey. I am sure he did not take any offence from anything Mr. McCord said.

Professor Colin Harvey

Perhaps I should start by defending academics.

You are okay. I do not think there is any need.

Professor Colin Harvey

My colleagues are trying to help inform public debate and ensure there is proper civic deliberation and bring evidence to bear on this. I take on board the comments that have been made. I will respond to some of the questions that have been raised by Senators. They are excellent questions and we can tell how much detail they have been engaging in this through the questions themselves. The theme of my answers on the need for preparation and planning has been underlined by every one of the questions raised.

Senator Black asked about human rights and equality. There is a joint committee on the island of Ireland of the Northern Ireland Human Rights Commission and the Irish Human Rights and Equality Commission. I am not sure how much public awareness there is that it is even there in the here and now. It struck me that people are already speaking about a new constitution for a new Ireland. For me as a human rights professor, the director of the Human Rights Centre at Queens and somebody who has worked in human rights, human rights and equality need to be at the heart of this. Civic society groups working for human rights and equality need to be at the table. They need to be engaged in the conversation in the here and now. There is a joint committee of the two commissions. They should be thinking about this now and not waiting. They should be doing the preparatory work now. Senator Black also asked about planning. The Oireachtas needs a dedicated committee or sub-committee, whatever we want to call it and whatever language we want to use, regarding planning. This needs to happen now as part of the overall package of measures of planning.

Senator O'Reilly raised the question of 50% plus 1%. The rules have already been made and it is crystal clear. Very few people go into a referendum wanting to win a referendum by a certain amount. I want to flip it back over and think about it as follows. The constitutional status of Northern Ireland rests on consent. It worries me when people speak about super majorities when consent is an underlying constitutional principle of the agreement. We cannot go on forever and not ask people the constitutional question when it appears likely that consent is absent. This is not raised often enough. We cannot, to come back to my earlier point, keep denying people this fundamental choice.

Senator O'Reilly spoke about the shared island unit and building in further preparation. I want to mention two institutions. These are the shared island unit and the British-Irish intergovernmental Conference. I use shared island language myself. People may not want to look at my Twitter account but I use the language of human rights and equality and shared island. I do this deliberately because a new and united Ireland would be a different way of sharing the island in the future. We share the island now in the way that we do. The shared island unit needs to become much more ambitious and grasp the reality of the constitutional framework. The British-Irish Intergovernmental Conference needs to be framed by British-Irish intergovernmental co-operation. This issue should be on the agenda of the next meeting of the British-Irish Intergovernmental Conference. Both Governments should be sketching out the parameters now because the lack of certainty and clarity is destabilising. We have reached a point now where there is so much momentum around this conversation that the lack of intergovernmental clarity is a problem. We know enough now. It is foolish to keep speculating in the abstract as to what might persuade a Secretary of State to do this. We know enough here and now to do the planning and preparation. We should start now. We should not be waiting around any further.

Senator Ó Donnghaile spoke about an all-island citizens' assembly. I absolutely agree. One way to involve people is to have a series of all-island civic initiatives framed in a way that encourages participation and engagement. I started by saying the right belonged to the people of the island of Ireland. In my view this needs to frame the entire process before, during and after. People on the island need to be involved. I am not naive. I realise the challenges of structuring something to get people to participate and be involved. Political unionists of all varieties need to be involved in this and warmly welcomed and invited to participate. I absolutely agree.

Senator Currie asked outstanding questions about very challenging aspects of this. One was on the electoral law North and South. It is a very interesting question. What is voter eligibility in Northern Ireland? The Secretary of State is supposed to be adopting this test. We do not even know who is going to vote in the referendum in Northern Ireland. Can the rules in the south of Ireland on voting in referendums stay the way they are in advance of this? It needs to be fair and planned. Members know the academic research that has already taken place on the mechanics and detail of the referendum process. A University College London working group has been looking at all of this to try to flesh it out. It reiterates the need for planning and getting this right. My view is that the referendum needs to happen at the same time on the island. I know there is a debate about this but my view is that people on the island of Ireland need to vote on the same day on the same essential basis in the referendum. It would further add complications if they were staggered or happen at different times.

An excellent question was asked on the proposition. At some point in the future an Irish Government will have to put a proposal on the table. The question of getting to this will involve a wide and deep civic and political coalition of actors. As we know, all political parties agree on all issues at all the time. It will be a challenge. It will require epic skilful management to work to a point at which a proposition that can garner widespread support is on the table. I want to raise another point. It needs to be proposed by people who can deliver it. It will have to be an Irish Government that can deliver the proposition in the longer term. In this regard, there is a tendency to see some of these constitutional issues as big epic one-off events but a new united Ireland will be an ongoing process.

You want to put the framework in place whether it is to amend the Constitution, develop a new constitution or hold constitutional conventions after people have voted in order to allow this to evolve. A new united Ireland, and the sort of new united Ireland that I want to see in terms of equality and human rights, will not happen overnight, it will develop over time, but the structures have to be there to enable, facilitate and allow that to happen over time.

Senator Wall mentioned the question of community involvement. For some years now, I have been reiterating the importance of civic engagement and it echoes the point that Mr. McCord was making. I could go away tonight and we could lock the doors and write a new constitution for Ireland tonight. It is not that hard. But it would not be right to do that because we need to involve people. People need to be at the heart of this conversation because people are at the heart of the Good Friday Agreement. It needs to involve communities and civic dialogue the length and breadth of this island. It is difficult at times and I know from the Northern Ireland context there is nervousness in civic society about entering this space; community and voluntary sector nervousness. I would say to get involved, to join in. The best way to shape this debate is to participate and engage, not to be afraid and to step into this space. But that is where leadership is required, including from the Irish Government, to allow people to do that.

Senator McDowell spoke of the clarity of the proposition. That is absolutely right. The theme of my presentation has been the need for planning and preparation in order to ensure that when I am asked the question that I know the consequences of my answer. I have a sort-of idea of what way I might go but I would like to know in a lot of detail about what that means. But we need to get on with it. We cannot sit around speculating about the Secretary of State in London. We know enough now to get prepared and ready.

Senator Craughwell raised questions around referendums and the number of referendums, and whether you say “referendums” or “referenda”. There is a really live debate as to what happens before the referendum and what happens afterwards, for example, the suggestion that you might have a constitutional convention after the referendum so perhaps people who did not participate, felt uncomfortable participating or were focused on advocating the pro-union side before the referendum may feel more comfortable joining after a referendum has taken place and there is a vote for change. There is a real live debate as to how you manage all that but underpinning all of that is the need for participation, engagement and involvement of all communities on this island.

Mr. Martin Docherty-Hughes

I will work my way back. Senator McDowell talked about the idea that there would not be a referendum within 20 years. I might be the fly in the ointment, just to be that person. If someone had said to me in 2007 that the SNP would form a government – a minority government – in the Scottish Parliament I would have found that difficult, but we did that. Then, in a parliament that was set up to be fundamentally proportional, to enable no one party to get an overall majority, in the following election in 2010 or 2011, we got a majority. That pushed forward the issue of a referendum and the St. Andrews Agreement in 2012, leading up to the referendum. I have been through three general elections since 2015. If someone had said to me in 2015 we would have another referendum in the next year I would have told them they were talking nonsense. Brexit changed everything. It might work back to some of the issues that Mr. McCord raised. It is comparing apples with oranges: they are both fruit but they are very different scenarios. Scotland has its own ancient historic legal system, a separate education system and a whole range of differences even around the union of the Crowns. The monarchy in Scotland is seen in a very different fashion than across the rest of the UK. It goes back to the issue which changed a lot of minds in Scotland, notably in constituencies like mine, which in some ways will mirror constituencies in Northern Ireland, both unionist and nationalist-republican, namely that of class. It is the issue of poverty, inequality and disengagement by the State. It is a challenge on all political parties to rise to the issues that people face on an everyday level. That was also part of the process during the last independence referendum for us. It was about the opportunities, at least from my position, of what independence within the European Union – that goes back to Brexit again – could offer in terms of getting rid of inequality and ensuring there is a more sustainable future that is carbon neutral etc. These are real tangible issues for working class communities. I wanted to link that up.

I think Senator Curry spoke about big data and differing systems of registration and also political moneys. You not only have two systems between the Republic and Northern Ireland but Northern Ireland is also different with regard to the rest of the UK. There were questions during the Brexit referendum about the leave campaign raising money through Northern Ireland because of its different electoral registration and financial campaign fundraising, notably using something called a Scottish limited partnership which is in the onus of the Westminster Parliament. That created a lot of issues there as well. It is a very good question that politicians here will need to consider.

Senator Black asked whether the Irish Government needs to come up with a proposal on a poll or referendum on reunification. The onus is also on the Government of the United Kingdom because if the UK does not think that the unionist community of Northern Ireland is worth investing that time in then that is another conundrum for the unionist community. It is problematic. I think Mr. McCord articulated that. There will be people in Scotland who recognise that, who come from similar backgrounds, who vote for me but who also vote for independence who recognise the complexity of their brothers and sisters in Northern Ireland. The onus is not only on the Government here in Dublin but also on the UK Government to say that it has an investment in the people of Northern Ireland if they want to make that proposition. As my colleague, Mr. Thompson, mentioned, it did not do that in 2014. At least from my perspective, in the two years leading up to the 2014 referendum, it really failed to deliver what the union could be. It came out with things like it would mean leaving the EU and Scotland’s economy would be in tatters. Well, here we are; I have seen four prime ministers, inflation in the UK is going through the roof and we are no longer in the EU. Those are big issues that those here will need to face. Scotland cannot replicate what Ireland will need to replicate. It will need to bring about its own position.

Senator Wall asked about creating engagement. The Scottish Government came up with a White Paper, as Mr. Thompson mentioned, that enabled really deep conversations around inequality, access to support and what it meant to have an independent state which was far more accountable and also one where it was possible to question the state in a far more accountable fashion. It is for both the UK and Irish Governments to come up with propositions and leadership that enables civic Ireland, and I mean the whole island of Ireland, to have an engagement and deliberation that is away from politicians, in the pub, in the Orange Hall or in the Hibernians. That needs to be a deliberation sometimes away from us as politicians. We might not like the answers but at the end of the day it is the citizens of what those here might hope is a future Ireland making that decision. It is the exact same for me. I face that challenge every time we have a debate about independence in Scotland. I feel very fortunate. I come from a constituency which mirrors many communities in Northern Ireland in terms of class. They are working class communities. It is seen as a very left-of-centre constituency. We had that deliberation. We are not stupid. We are working class. We have a brain. We are articulate, determined and we are resilient.

If you diminish that, and here I am thinking of some of the issues Mr. McCord noted, you diminish the idea of what you think the proposition should be. The people, both in the Republic and in the North, would probably reject it if you did not include them and allow them to take leadership of it. That is a challenge to all politicians and government structures.

I thank Mr. Docherty-Hughes and his colleague, Mr. Thomson, for their insight. The purpose of this public consultation committee is to listen to people, including those who have different points of view but also different experiences and those who have insight into the complex issues we are trying to tease through. I thank members of the committee for their questions and their presence. The committee will be putting together a report that will be sent all the people who participated in this.

The select committee adjourned at 6.21 p.m. sine die.
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