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Reform of the NI Institutional Governance.

  • Jun 10
  • 4 min read

A managed change process is needed to reform, reconfigure and recalibrate the Belfast Agreement 1998 institutions of governance. Thereby, aimed at enabling NI resource allocation and public funding and NI revenue raising powers. These are required in order to progress the spirit and intention of the Belfast Agreement 1998. Together with the management of the NI economy on an all Ireland basis and in conjunction with the UK and EU. I. E. cooperation with the UK and shared EU membership Sovereignty. In essence, in the first instance to move to a NI DEVO-MAX.


In order to move to NI DEVO-MAX and full fiscal autonomy and immigration control powers. There are essential NI institutional and constitutional law reforms, required - going forward. In particular, as follows :


1. A strict separation of powers. I. E. Power Sharing Executive, A legislative assembly, An NI Judiciary underpinned, by an Northern Irish Bill of Rights and Freedoms. I. E. Incorporating the Belfast Agreement 1998 and the Northern Irish institutions supporting democracy.


2. An NI Bill of Rights and Freedoms. In particular, with a view to respective NI cultural preservation protections. I. E. Aimed at facilitating and enabling NI social cohesion and community integration: NI Citizens freedom of choice facilitating opt out rights: the development of a set of NI social economic imperative qualified rights. In particular, in relation to health, education, housing, employment, training and development, immigration and disability.


3.These Northern Irish institutional and constitutional law reforms are all essential to enable the NI Executive collective and ministerial responsibility, public sector resource allocation and NI revenue raising. Moreover, enabling and facilitating a separate two chamber NI legislative process and opposition. Thereby, restricting the committees system conflicts of interests. The second legislative chamber ( Senate) can be a NI peoples participation operated and selected, via the NI Jury system. I. E. Participation confined to one piece of NI legislation from inception to ratification.


4. The NI institutions supporting democracy, must a take on a more pro active role and participation in NI Conflict related transitional justice and NI legacy resolution processes. I. E. The Equality and Human Rights Commission. This is running in parallel but strictly separate from the Criminal law Justice system - PSNI, PPS, Courts System. In essence, in actively progressing ECHR 1950 human rights violations to the European Court of Human Rights. In particular, when domestic remedies are exhausted: and or frustrated, due to conflict of laws: and or without effect UK domestic remedies. To many NI British Subjects, have been left high and dry with conflicting and competing criminal law and evidence inconclusive outcomes. The first substantive component of Article 2 - the right life, should not be allowed to be separated and circumvented, by either an inequitable self made retrospective: and or dependent conditional or delayed or ineffective investigative processes. There can be no derogation from ECHR 1950 Articles 2, 3, and 7. Signatories to the ECHR 1950 under the equitable principles as a consequence must be estopped from renaging on these ECHR 1950 human rights compliance responsibilities: and or in compliance with current standards of fairness, both domestic and under international laws. This is to include a right to an effective remedy and legal aid financial support.


5. The Second Strand of the all Ireland institutions of Belfast Agreement 1998, also requires some significant reform. In particular, this component should be directly elected to and financed independently. It's composition, powers and functions should be defined by British / Irish joint authority statutory regulations. The implementation of the all Ireland / Cross border projects can be via, the NI RPA district council system. Empowered to enter into all Ireland / Cross border stakeholder partnerships. This reformed all Ireland institution will continue its work, regardless of any Stormont institutions suspensions and elections.


6. Strand three of the Belfast Agreement 1998 East West Relations. Clearly, the UK leaving of EU  has created difficulties in terms of trade and movement, maintaining an open NI Border. A free trade and movement EU derogation / dispensation as between the UK and a new all Ireland will needed.

I. E. Putting the private international law trading and movement border into the English Channel and North Sea. Notwithstanding, the Irish EU single market and free movement. The Lisbon Treaty 2009 also makes EU defence proposals. Ireland  can elect to opt out. However, in the light of the British / Irish Constitutional and public international law declaration of intent to withdraw from the island of Ireland, subject to the terms of the Belfast Agreement 1998: and or the provisional memorandums of understanding, as to HMG having "no selfish economic and Strategic interests" in the island of Ireland. In the event of an NI Border Poll in favour of some form of Irish unification and sovereign independence. The UK / EU defence arrangements, as between The UK and Government of Ireland, will involve the negotiation of a mutually agreed political and security architecture, in the new all Ireland dispensation. This will have consequences for Irish neutrality and the EU defence policy and the UK and the Government of Ireland.

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John A Coyle

Senior Consultant at

The Joannes Antonious Ilicis

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 john.coyle18@btinternet.com 

 

 

 

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About the Author John A Coyle   BA (Hons)(Econ)., BSc (Hons)., BSc (Hons) Psych., L.LM. Consultant Lawyer  PGDL, FCILEx, Law

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