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Michael D Higgins insists he is President of Ireland, refuses to commemorate partition

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Comments

  • Registered Users, Registered Users 2 Posts: 8,917 ✭✭✭GM228


    But the Constitution does not just aspire to unity, the cavaet is that must be the democratic expression of the majority of people, on that point they concluded the Constitution compels the Government to hold a referendum to allow unity if the people in NI vote for such, that is how they show the aspiration of the people here:-

    Our conclusion is that the Irish government would be required under Irish constitutional law to hold a unification referendum in the South if a referendum in the North was passed.

    And even if such a challenge is successful we still need a referendum to actually amend the Constitution, from the final report:-

    The 1998 Agreement provides that unification cannot happen without consent  both north and south. Consent in Northern Ireland can be given only through a referendum. The form of consent in the South is not specified, but our conclusion is that a referendum would be needed. That is principally because constitutional amendment or replacement would be required to allow a united Ireland to respect the continuing obligations in the 1998 Agreement on identity, citizenship, and rigorous impartiality.

    I can't see any Court challenge finding any other way, the Constitution specifically states the consent of people to a united Ireland must be "democratically expressed" both North and South, it is clear, how else do you show the democratic wish of people without a vote? You don't.

    It can't be said a democratic will can be shown by any means other than a vote, anyone who attempts to make that argument is simply arguing for the sake of arguing.



  • Registered Users, Registered Users 2 Posts: 16,404 ✭✭✭✭markodaly


    The only will we know of for sure is that of the GFA, which accepts partition and that NI is part of the UK.



  • Registered Users, Registered Users 2 Posts: 16,404 ✭✭✭✭markodaly


    The GFA says nothing about the Irish state choosing or not choosing to accept that the will of the people in NI want to be part of the UK

    Why are you taking the extreme view of Republican SF? Do you not denounce dissidents?



  • Registered Users, Registered Users 2 Posts: 16,404 ✭✭✭✭markodaly


    A referendum is 100% required even looking at it from a practical point of view. We DO NOT want to repeat what the UK did in terms of Brexit. Vote for something wishy-washy and sort out the details later.



  • Registered Users, Registered Users 2 Posts: 8,917 ✭✭✭GM228


    It notes the form of consent is not specified in the GFA, but, it is in the Constitution, via a democratic majority, the Constitution requires the majority to be shown by a democratic way under Article 3 - a vote.



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  • Registered Users, Registered Users 2 Posts: 16,404 ✭✭✭✭markodaly




  • Registered Users, Registered Users 2 Posts: 74,075 ✭✭✭✭FrancieBrady


    No, you mean by 'projecting'.

    You are projecting in the absence of any text.



  • Registered Users, Registered Users 2 Posts: 30,991 ✭✭✭✭blanch152


    The State as an institution, or the State as the will of the people, either interpretation for me. The State has accepted partition.

    Of course, individuals are free to dissent from that and state that they do not accept partition, after all we are a democracy, but that doesn't change what is the meaning of the GFA and/or the revised Constitution.



  • Registered Users, Registered Users 2 Posts: 30,991 ✭✭✭✭blanch152


    Challenged by whom and where?

    It would be a very foolish person who would challenge that.



  • Registered Users, Registered Users 2 Posts: 74,075 ✭✭✭✭FrancieBrady


    I never made any comment on the wisdom of challenging it. I point towards other constitutional challenges in that regard.



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  • Registered Users, Registered Users 2 Posts: 16,404 ✭✭✭✭markodaly


    Projecting that NI is part of the United Kingdom?

    # Looks out window and sees British Army stationed in Northern Ireland.....

    Yeap, Northern Ireland is still part of the United Kingdom.



  • Registered Users, Registered Users 2 Posts: 74,075 ✭✭✭✭FrancieBrady


    And still we await text to show that the State has accepted partition.

    What we have plenty of, is supposition and projection.



  • Registered Users, Registered Users 2 Posts: 74,075 ✭✭✭✭FrancieBrady


    Projecting that we as a state or people have 'accepted' partition.

    Looks out window...sees nothing to affirm that.



  • Registered Users, Registered Users 2 Posts: 1,702 ✭✭✭ittakestwo


    It is only up to the people of Ireland whether a UI can happen under the GFA.... ie Irish people. People in Britain or their politicians they elect have no say and can't stop should Irish people North and South vote to unite



  • Registered Users, Registered Users 2 Posts: 2,770 ✭✭✭mikethecop


    thats fairly delusional now francie you may as well deny the nose on your face


    fact is we are a lot better off in the south with out the mess that the north is . and the fact that your sf is making it worse does not inspire confidence in any change going forward



  • Registered Users, Registered Users 2 Posts: 74,075 ✭✭✭✭FrancieBrady


    The delusion is the absolute ridiculousness of the notion that we can separate ourselves from the rest of our island.

    Turning a blind eye is simply no longer acceptable to Irish people. Even Fine Gael have recognised this and are beginning the process of becoming UIers as a political party, even though some of them are trenchant partitionists.



  • Registered Users, Registered Users 2 Posts: 4,425 ✭✭✭maestroamado


    You look at the posts you directly replied to...



  • Registered Users, Registered Users 2 Posts: 1,702 ✭✭✭ittakestwo


    Partition factually had happened. What is the piont in not accepting something that factually had happened 70 years before .

    The GFA also agrees on how partition will end. One important thing about the GFA is that the mistakes of 1921 can't be repeated. Ie no more gerrymandering of Ireland again. I would have no doubt if the majority of the North voted for a United ireland there would be a call to invent a new "Northern Ireland " which consists of Antrim and Down which will have a unionist majority. But this can't happen under the GFA. Once a UI is voted for Northern Ireland will cease to exist. That is what was agreed.



  • Registered Users, Registered Users 2 Posts: 30,991 ✭✭✭✭blanch152


    The GFA doesn't agree on how partition will end, the GFA sets out that partition is here to stay and accepted by the people of Ireland unless the people of Northern Ireland decide otherwise. In other words it sets out how partition might end at some undefined point in the future, in a way that has nothing to do with us.



  • Registered Users, Registered Users 2 Posts: 30,991 ✭✭✭✭blanch152


    Sorry, are you trying to suggest that some nitwit would go into the High Court and try and argue that we don't need to hold a referendum on unity down here?............actually on second thoughts, we are in John and Gemma territory here so there are more that a couple of republicans with similar delusional ideas.



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  • Registered Users, Registered Users 2 Posts: 74,075 ✭✭✭✭FrancieBrady


    Wrong again.

    It will end at a very defined point - when a majority vote for it. Only one set of people angling to change that or stop it with super majorities, denial of any talk of preparing for a border poll or presenting a plan for unity etc.

    And the GFA does agree on how partition will end - when the two sovereign government respond to their committments below:

    (iv) affirm that, if in the future, the people of the island of Ireland exercise their right of self-determination on the basis set out in sections (i) and (ii) above to bring about a united Ireland, it will be a binding obligation on both Governments to introduce and support in their respective Parliaments legislation to give effect to that wish;



  • Registered Users, Registered Users 2 Posts: 30,991 ✭✭✭✭blanch152


    It is not a very defined point, it is a hypotethical future event.

    I mean even look at your last paragraph, you start by saying "how partition will end" but then when you quote something, you start with the word "if", which makes the previous phrase another lie.



  • Registered Users, Registered Users 2 Posts: 74,075 ✭✭✭✭FrancieBrady


    You can apply 'if' to continuance of the Union too.

    You stated something that was wholly wrong again.

    Unity will happen at a defined point - when there is a majority for it.

    And the way of ending it has also been agreed - by both governments 'presenting and supporting' legislation to give effect to it.



  • Registered Users, Registered Users 2 Posts: 74,075 ✭✭✭✭FrancieBrady


    😁 The former DPP in the north is a 'republican with similar delusional ideas'? Okie doke.

    You cannot even accept that somebody might make a constitutional challenge. Look around you at how many there have been and over what. People test these things all the time.

    And I never said it was something I would support or endorse, I want a referendum precisely because of people like you.



  • Registered Users, Registered Users 2 Posts: 30,991 ✭✭✭✭blanch152


    I don't deny that partition might end, that is provided for in the GFA, I am 100% clear on that. However, it is a remote possibility.

    Nevertheless, whether the GFA requires a majority in the North, a vote in the Stormont Assembly, or five men in a pub in Belfast deciding it, none of those mechanisms change the fact that we in the South, through the GFA have accepted partition.



  • Registered Users, Registered Users 2 Posts: 74,075 ✭✭✭✭FrancieBrady


    Your personal acceptance of partition is the same as your view of the possibility of a Ui - your personal opinion and projection.

    You have failed quite dramatically to back it up with anything factual or credible.

    Mark highlighted the difficulty you two have by bolding every word in the GFA text but the critical ones.

    You have to omit, to project, so to speak.



  • Registered Users, Registered Users 2 Posts: 30,991 ✭✭✭✭blanch152


    Let's be clear. The acceptance of partition is like a trainline from Dublin to Cork. It is travelling from Dublin to Cork and everyone accepts that it will continue to do so. Of course, it is possible that with a huge amount of upheaval, the trainline might be moved to that it travels to Monaghan instead. But when you are considering taking a train, you don't talk about taking a train if it travels to Cork or Monaghan, you talk about taking a train to Cork because it is accepted that is where the train is going.

    Similarly, we accept that partition is there. Sure people can speculate about removing partition or building a trainline to Monaghan, and there is a process so that either could theoretically happen, but that doesn't take away from the fact that we have accepted that there is a trainline to Cork or that we have accepted partition.



  • Registered Users, Registered Users 2 Posts: 74,075 ✭✭✭✭FrancieBrady


    Didn't read past the first line there.

    You are now 'trying too hard' as they say.

    Find me anywhere where we have officially accepted partition, I'm not interested in how you justify it to yourself.

    Finding that we 'accept the wishes of the majority' in a part of Ireland, is not evidence by the way.



  • Registered Users, Registered Users 2 Posts: 1,702 ✭✭✭ittakestwo



    Yes the GFA does deal how partition will end. By the GFA Both the north and south of Ireland have to agree on it. One agreeing with out the other is not enough.


    Only the people of Ireland have a say. People of Britain don't have a say. Do you at least acknowledge that from the GFA?

    The GFA did not create partition it had factually happened 70 years beforehand. The GFA has two important parts regarding the endof partition. Only people of Ireland get to decide on it and should they decide there can be no more gerrymandering to create a new Norther Ireland boundary plugged out of somebodies hole like 1921.

    Post edited by ittakestwo on


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  • Registered Users, Registered Users 2 Posts: 5,189 ✭✭✭Brucie Bonus


    We accept many thing we don't agree with. Doesn't mean we don't wish to change them.



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