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Northern Ireland 2125?

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  • Registered Users, Registered Users 2 Posts: 3,880 ✭✭✭tinytobe


    One can be a citizen of a country, usually either by being born in a certain country or by ancestry, if say if father or mother have it. This would often be regardless if one holds a passport or not. So legally it would have to be renounced if one doesn't see the need for it anymore.

    Also under UK law if the child is born in the UK and at least one foreign parent is a permanent resident, or ILR as it is was called, the child can be registered as a British citizen.

    I would presume citizenship would also be a point of discussion for NI joining the ROI. I don't think anybody would be forced to renounce British citizenship and accept Irish citizenship to stay in what is now NI if NI would join the ROI.

    Currently there around 200.000 Brits living in the ROI. The free movement doesn't have anything to do with Brexit or the EU, it's a regulation from way back when and would also apply for Irish moving to the UK.



  • Registered Users, Registered Users 2 Posts: 81,317 ✭✭✭✭FrancieBrady


    British citizenship isn’t something an Irish government can give. That’s in the gift of the British, so if Unionists want that in a UI they will have to ask the British for. It.
    I’d advise them to get it in writing though and don’t be depending on promises from a visiting British PM. They have a sea border in the Irish Sea to remind them of that.



  • Registered Users, Registered Users 2, Paid Member Posts: 28,426 ✭✭✭✭Peregrinus


    I'm puzzled. I thought you liked the Good Friday Agreement.



  • Registered Users, Registered Users 2, Paid Member Posts: 28,426 ✭✭✭✭Peregrinus


    They've got it in writing. The Good Friday Agreement confirms the right of all the people of NI to identify as Irish, British or both, to have that identity accepted. It also confirms that both goverments accept their right to hold both Irish and British citizenship and that this right "would not be affected by any future change in the status of Northern Ireland". So even in a UI, all the people of NI will have the right, accepted by both governments, to hold both Irish and British citizenship.

    What, if anything, could go wrong? Well, two things occur to me.

    First, the GFA is an internationally binding treaty, freely entered into by the UK. But it's not that long since a Tory government proposed that the UK would violate treaties that it has tired of, or has regretted entering. They didn't go ahead on that occasion, but I don't think it's completely impossible that, after a united Ireland, a future Tory government might tire of this aspect of the GFA and simply ignore it. But, much as I loathe the Tories, I honestly don't think that's very likely.

    Secondly, the right is conferred on "the people of Northern Ireland". Who, exactly, are the people of Northern Ireland? The GFA doesn't define who is included in this group. Is it everyone born in NI? Everyone resident in NI? Everyone with historic or ancestral links to NI? Something else? And what if "Northern Ireland" ceases to exist? NI was established by the Government of Ireland Act 1920 s. 1(2) and, when that Act was repealed, was continued in existence by the Northern Ireland Act 1998 s. 1(2). It's currently defined as "the part of the United Kingdom in and comprising the counties of Antrim, Armagh, Down, Fermanagh, Londonderry and Tyrone, and the borough of Belfast". Obviously that definition won't work when there's a united Ireland; none of the places named will be in the UK, and in any event the NI Act 1998 will almost certainly be repealed in the context of unification. So, in this scenario, there's going to have to be new legislation in the UK defining what is meant by "Northern Ireland" or, more probably, defining what is meant by "the people of Northern Ireland". They could define the people of Northern Ireland as e.g. all those people born in that part of the former UK which constituted NI, or words to that effect. The effect of that would be that nobody born in Antrim, Armagh, etc after unification would be part of "the people of Northern Ireland" so far as UK law was concerned. "The people of Northern Ireland", enjoying the rights provided by the GFA, would be a closed and declining group that would disappear entirely in a century or so.

    Far-fetched? Maybe. But the UK has form here; millions of people have been deprived of UK citizenship in the context of decolonisation, including people born in territory that was part of the UK itself. (Francie, as we know, was born in territory that formerly was part of the UK, but that doesn not give him a right to British citizenship, and wouldn't even if he identified as British.) So, yeah, when a united Ireland comes, British people in Northern Ireland would do well to ensure that the rights afforded to them by the GFA are nailed down and confirmed as continuing under the new dispensation. And that's a reassurance they can only get from the UK government; there is nothing an Irish government can do to confer a continuing right to British citizenship on them.



  • Registered Users, Registered Users 2, Paid Member Posts: 28,426 ✭✭✭✭Peregrinus


    Nothing to stop anyone anywhere identifying as Irish or British, but that is not a birthright.

    It is a birthright for all the people of Northern Ireland. The GFA says so, in as many words.

    Section 1(1) of the British Nationality Act 1981 is clear and unambiguous . . . There is no ambiguity about the word shall, there is no choice of identity. They shall be a British citizen, whether they like it or not. 

    Again, you're confusing cititizenship and national identification. The GFA distinguishes between these two concepts, and explains the relationship between them. The British Nationality Act deals exclusively with citizenship; it has nothing to say about identity at all. It needs to conform to what the GFA says about citizenship.

    Under the GFA, all the people of NI have the right to both British and Irish citizenship. This is expressly a consequence that flows from their right to identify as Irish or British. The result of this is that,to comply with the GFA, UK citizenship law must provide UK citizenship to those of the people of NI who identify as British (and it must continue to do so despite any future change in the status of NI).

    The British Nationality Act goes further than required, by providing UK citizenship by default to everyone born in NI, whether or not they identify as British (unless they renounce UK citizenship). But that's OK; the GFA requires that the UK should at least provide UK citizenship to those who identify as British; it doesn't say that they should only provide UK citizenship to those who identify as British.

    Overall, it works like this:

    Born in the republic:

    • Identity
      • Bunreacht Art 2: It is your birthright to be part of the Irish nation.
    • Citizenship
      • Bunreacht Art 9: The right to Irish citizenship is determined by law.
      • Irish Nationality and Citizenship Act: You are entitled to be an Irish citizen on the basis of your birth on the island of Ireland. Anyone entitled to be an Irish citizen from is a citizen from birth if (a) they hold no other citizenship, or (b) they do anything that only an Irish citizen is entitled to do (or such a thing is done for them on their behalf)

    Born in NI

    • Identity
      • Bunreacht Art 2: It is your birthright to be part of the Irish nation.
      • GFA: It is your birthright to be identified, and accepted, as British or Irish or both
    • Citizenship
      • Bunreacht Art 9: The right to Irish citizenship is determined by law.
      • GFA: Confirms your right to hold both British and Irish citizenship. Right must be accepted by both governments. Right is unaffected by any future change in the status of NI
      • Irish Nationality and Citizenship Act: You are entitled to be an Irish citizen on the basis of your birth on the island of Ireland. Anyone entitled to be an Irish citizen from is a citizen from birth if (a) they hold no other citizenship, or (b) they do anything that only an Irish citizen is entitled to do (or such a thing is done for them on their behalf)
      • British Nationality Act: (As quoted above) confers British citizenship on most people born in the UK, which includes NI.

    Born in GB

    • Identity: SFAIK People born in GB don't have any explicit birthright in relation to national identity.
    • Citizenship
      • British Nationality Act: (As quoted above) confers British citizenship on most people born in the UK, which includes GB.


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  • Registered Users, Registered Users 2, Paid Member Posts: 12,424 ✭✭✭✭downcow


    Wrong Assumptions don’t turn fiction into fact.

    You were born in the Republic of Ireland – you’re Irish.

    I was born in Northern Ireland – part of the United Kingdom – so I’m British.

    If someone in France thinks otherwise, then they need a little education. 

    So on your logic, if someone in the USA says that a person born in Palestine is it is Israeli, then that makes them as Israeli?



  • Registered Users, Registered Users 2, Paid Member Posts: 12,424 ✭✭✭✭downcow


    I can’t remember which post. Maybe I quoted the wrong one. Someone posted nonsense that I had som different sort of Britishness that someone born in Stranraer - and they wrote a nonsense essay to try and back their dream



  • Registered Users, Registered Users 2, Paid Member Posts: 12,424 ✭✭✭✭downcow


    You’re making something very simple ridiculously complicated.

    Right now, NI is part of the UK. Under the British Nationality Act, anyone born here is a British citizen by law - simples!.

    The Good Friday Agreement didn’t create that; it just protects the option to remain British, if NI status ever changes.

    So my British citizenship is a legal fact, not a matter of “identity” or personal declaration, same as  someone born in Stranraer is British whether they “identify” as it or not - and same as Gerry Adams, unless he renounced it. 



  • Registered Users, Registered Users 2, Paid Member Posts: 12,424 ✭✭✭✭downcow


    The simple difference!

    If someone born in Northern Ireland never applies for any passport and doesn’t identify as Irish or British, and they attempts to renounce Irish/british citizenship - the position is simple:

    The Irish authorities will say “you’re not an Irish citizen, so there’s nothing to renounce,” because entitlement isn’t the same as holding it.

    The British authorities will process a renunciation, because you are British automatically by birth in NI under the British Nationality Act.


    That’s the difference between a right you could claim if you fancy the fluffy idea and a citizenship you already have.  Day and night and ni Irish don’t want to know.



  • Registered Users, Registered Users 2, Paid Member Posts: 28,426 ✭✭✭✭Peregrinus


    Well, as you know, there's an equal-but-opposite view sometimes expressed that people from NI (who identify as Irish) are not really Irish.

    NI is relatively unusual in having the right to national identity formally asserted at a legal/political level — I won't say that there's no other places in the world where this is done, but there aren't many (though the republic is one of them).

    The interesting thing is that, under the GFA, for the people of NI the only requirement for being British is simply identifying as British (and similarly for being Irish).

    As I say, in most other places the criteria for membership of the nation or a similar community are not formally stated. But sociologists and others who study and write about these things usually observe that two things are involved. To be, e.g., French you have to consider yourself French and other French people also have to consider you to be French.

    This second critirion does not feature in the GFA. It's often observed the people from GB don't consider people from NI to be British, or they consider them to be British only in a qualified sense, or their actions suggest that that is what they believe. And we can obviously point to events in the political world that lend some support to this perception. Not unnaturally, that creates a certain sense of insecurity in people from NI who identify as British. You might be offended if a person from, say, Dublin thinks you aren't as British as someone born in Stranraer. But if someone born in Stranraer thinks that, you'd be more than offended — you'd be worried.

    I think that insecurity helps to explain not only the performative Britishness that forms a part of unionist culture in NI, but also some of the more disastrous errors that the DUP make from time to time (like their Brexit position).

    (Could we make similar points about NI people who identify as Irish experiencing a certain insecurity? Yes, we could. But I think it's a bigger issue for NI people who identify as British; the UK runs NI and the potential harm that they can suffer if their Britishness is discounted or disrespected by the UK political establishment vastly exceeds the corresponding risk for NI people who identify as Irish.)

    I think one of the points of the GFA is to address that concern; it commits both governments to a position in which, in NI, Britishness or Irishness does not depend on acceptance by people in Britain or people in the Republic; self-identification is all that's required for complete Britishness or complete Irishness.



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  • Registered Users, Registered Users 2, Paid Member Posts: 12,424 ✭✭✭✭downcow


    one is ‘entitled to claim’ and the other ‘just is’.
    clearly, you have been led to believe something else by your leaders



  • Registered Users, Registered Users 2, Paid Member Posts: 12,424 ✭✭✭✭downcow


    you are so not getting it. I do not have to identify as British to be British. I am British - no processes required



  • Registered Users, Registered Users 2, Paid Member Posts: 28,426 ✭✭✭✭Peregrinus


    No. You're still confusing British citizenship, the legal status, with being British, the national indentity.

    Turn the question around. Suppose a future British government amended the law, in violation of the GFA, to revoke your British citizenship; would you thereby cease to be British?

    Suppose Donald Trump turns his attention from Greenland to the UK, invades the UK and annexes it to the US. Would you then consider yourself an American? If Hitler had invaded successfully in 1940 and ended up integrating the former UK into the Reich, would you think that would make you German?

    Etc, etc. The point is that a nation, a group of people sharing a common history, heritage, culture, language, land, etc is something different from a state, a political and legal structure of government. The two often parallel one another — the nation of France has the French Republic, for example — but not always. There was no Polish state between 1795 and 1918, for example; did the Polish nation cease to exist in 1795 and miraculously reappear in 1918? Nobody thought so at the time; nobody thinks so now. There was no Finnish state before 1918, but there was a Finnish nation — the whole reason for the creation of the Finnish state in 1918 was because there was a Finnish nation that wanted its own state, and was perceived to have a right to it.

    So, yeah, there is an important distinction between (a) a nation and its members, and (b) a state and its citizens. The two often align, and we might even think that they ought to align. But that's not even something we can think, unless we first of all think that the state and the nation are not the same thing.

    So, yeah, your British citizenship is a legal fact — all citizenships are legal facts. But your identity as a British person does not depend on, or stem from, your citizenship. The whole point of the GFA is that the relationship between the two things works the other way round. Because it is your birthright to identify as British if you wish to, therefore the British government must make citizenship available to you, regardless of the present or future status of Northern Ireland.



  • Registered Users, Registered Users 2, Paid Member Posts: 12,424 ✭✭✭✭downcow


    so if I read you correctly you are now claiming Northern Ireland is a nation!

    “The point is that a Nation, a group of people sharing a common history, heritage, culture, language, land, etc is something different from a State, a political and legal structure of government.”

    or have you a prescribed number of years that this needs to exist , to fit your narrative? If so, how many?

    Can you really not see what you are doing ?



  • Registered Users, Registered Users 2, Paid Member Posts: 28,426 ✭✭✭✭Peregrinus


    No, nobody is "entitled to claim" Irish citizenship.

    British citizenship law complicated. There are two or three different classes of citizenship (but things are getting better; at one time there were six!) plus a couple of other statuses that involve a link to the UK but that fall short of citizenship ("British Protected Person"; "British Subject"). And, for each of class of citizenship/status, the world is divided into two — people who have the status, and people who do not have it. If you don't have it, you may or may not be entitled to acquire it by registration or by naturalisation (which are different processes). Different rules apply to each class of citizenship/status to determine who can acquire it, and in what circumstances, and by what process.

    Irish citizenship law is a model of clarity and simplicity by comparison. There is a single, uniform Irish citizenship. Constitionally, all citizens are equal before the law, which rules out having multiple classes of citizenship, as in the UK. And there are no non-citizenship statuses similar to British Protected Person status or British Subject status. As regards Irish citizenship, the world is divided into two:

    • those who are entitled to Irish citizenship (NB not "entitled to claim"; they don't have to make any claim)
    • everyone else

    Everyone born in Ireland, north or south, is entitled to Irish citizenship. They are Irish citizens from birth if:

    • they have no other citizenship; or
    • they do any act that only an Irish citizen can do (apply for a passport, vote in a presidential election, avail themselves of Irish consular services, etc) or, if they are children, their parents do such an act on their behalf.

    The same rules apply, north and south.



  • Registered Users, Registered Users 2 Posts: 3,880 ✭✭✭tinytobe


    If NI leaves the UK then one born there would still be British if at least one parent is British. It'll be a similar legal situation if you were born outside of the UK say in Spain to at least one British parent.



  • Registered Users, Registered Users 2, Paid Member Posts: 12,424 ✭✭✭✭downcow


    this has got really silly.
    You are saying Mourne and Cornwall are nations and I am Irish.
    when it takes you essays to explain (confuse) it just emphasises that you are typing nonsense and continually contradicting yourself



  • Registered Users, Registered Users 2, Paid Member Posts: 28,426 ✭✭✭✭Peregrinus


    So if I read you correctly you are now claiming Northern Ireland is a nation!

    You're not reading me correctly. I'm saying that "Britain" is a nation.

    (I haven't said anything about whether Northern Ireland is a nation — the GFA doesn't say anything about that at all. But you can certainly argue that "Northern Irish" is a national identity, and that it's not inconsisent with "British" also being a national identity. After all, Scotland, England and Wales are nations, and "Scottish", "English" and "Welsh" are national identities, not inconstent with a British identity. So why, in principal, could the same not be true for Northern Ireland?)

    “The point is that a Nation, a group of people sharing a common history, heritage, culture, language, land, etc is something different from a State, a political and legal structure of government.”

    or have you a prescribed number of years that this needs to exist , to fit your narrative? If so, how many?

    No, I haven't prescribed a number of years. Why would you even think that?

    Mind you, since a nation is characterised by, among other things, a common history, heritage and culture, it's not something that can spring into existence overnight. The development of a nation is a process that takes time. But there's no prescribed time for the process.

    Can you really not see what you are doing ?

    I can. I'm just concerned that you can't.

    You are saying Mourne and Cornwall are nations and I am Irish

    I have said none of these things.

    when it takes you essays to explain (confuse) it just emphasises that you are typing nonsense and continually contradicting yourself

    I am puzzled as to how you can be confused by my posts when you don't appear to be even reading them. Instead of accusing me of saying things that I clearly haven't said, why don't you look at what I am saying and explain where and how you think it is wrong?



  • Registered Users, Registered Users 2 Posts: 81,317 ✭✭✭✭FrancieBrady


    Yeh, you do.

    See the French example above.

    You were born in 'Ireland', your nationality can be assumed to be Irish, you HAVE TO tell someone what your identify as.

    And I know you find that hard to cope with but that itself doesn't change the reality.

    That is just a consequence of invasion and colonisation. It is why, as well, the planters have to mark territory so fervently.

    Flegs, Parades, ever growing bonfires, footpaths in red white and blue because it's 'OUR Wee Country'



  • Registered Users, Registered Users 2 Posts: 81,317 ✭✭✭✭FrancieBrady


    Yes, but IMO I advise Unionists themselves to get any promises made about future citizenship by the British as a UI is formed, in writing.
    What I meant was the British gave the future citizenship gift in the GFA, not the Irish, they can't give citizenship of another country. Nor in a future UI can they force GB to honour promises GB made. That's between Unionists and GB.



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  • Registered Users, Registered Users 2, Paid Member Posts: 28,426 ✭✭✭✭Peregrinus


    Not necessarily. The UK has done a lot of decolonising over the past 70 years and, each time they do it, they pass separate legislation dealing with the citizenship of the people of the territory they are decolonising. They don't always adopt the same rules every time. If and when they leave NI they'll enact legislation dealing with the citizenship consequences of that too.

    In the context of NI any rules they might adopt should be consistent with the GFA, which doesn't say anything about having one parent who is a British citizen. Under the GFA, even after unification it will be the birthright of all "the people of Northern Ireland" to identify as British if they choose and to have that identity accepted and "accordingly . . . their right to hold both British and Irish citizenship is accepted by both Governments". So, at a minimum, even after unification UK legislation has to allow those of the people of NI who identify as British to hold British citizenship (even if neither of their parents is a British citizen).



  • Registered Users, Registered Users 2, Paid Member Posts: 28,426 ✭✭✭✭Peregrinus


    Yes. Ireland's commitment in the GFA in relation to citizenship is:

    • to give the people of NI a right to hold Irish citizenship ; and
    • to accept that the people of NI also have a right to hold British citizenship.

    Obviously, Ireland can't give the people of NI British citizenship; only the UK can do that. But Ireland does have to accept that they have a right to hold British citizenship. So if, hypothetically, at some point in the future Ireland were to pass legislation disallowing dual citizenship, they'd have to carve out an exception for the people of NI.

    And this would remain the position even after unification.

    (And matching obligations apply to the UK, obviously.)



  • Registered Users, Registered Users 2 Posts: 33,195 ✭✭✭✭blanch152


    The problem with your post in relation to Northern Ireland is your sequencing.

    The British Nationality Act confers citizenship (and nationality) at the moment of birth. All other options are exercised subsequently as a conscious act.



  • Registered Users, Registered Users 2 Posts: 81,317 ✭✭✭✭FrancieBrady


    But Ireland does have to accept that they have a right to hold British citizenship. 

    I don't think anyone promoting a UI has any issue with that in the slightest.

    Guts of a 100,000 British citizens happily here already. British citizens have freedom of movement already.
    They can live and work here and are doing it in bigger numbers the last time I checked.



  • Registered Users, Registered Users 2 Posts: 33,195 ✭✭✭✭blanch152


    If you are born in Northern Ireland, your citizenship and nationality by default are British at the moment of birth, you don't have to DO anything. No assumptions about anything are required, that is the law. Subsequently, you may assert your right to identify as anything the law allows you to identify as.



  • Registered Users, Registered Users 2 Posts: 81,317 ✭✭✭✭FrancieBrady


    And as I said @blanch152 if you wish to observe UK law, that is fine.

    I don't have to do that, I stated how I view people born on the island of Ireland (which is the same as most people in the world do including those subject to the British law you quote) and you immediately tried to dictate I do otherwise.

    If you now want to take a sledgehammer to the GFA and dictate nationalities and identity because you cannot cope with simple reality, work away.

    If downcow wants to be seen as British, he has to tell me he identifies that way first. The baby born next to him in county Down doesn't, he/she can be assumed to be Irish until you are told different.



  • Registered Users, Registered Users 2 Posts: 4,222 ✭✭✭Fionn1952


    But does the GFA apply post-Unification? I've always considered that it was an agreement that only applied up to the point where a border poll passes, at which point it would need to be replaced.

    If hypothetically NI no longer exists, how would obligations towards NI exist? I'd be interested in your take from a point of law given your background rather than ethical obligations, which I'd consider a separate point.



  • Registered Users, Registered Users 2 Posts: 33,195 ✭✭✭✭blanch152


    Yes, you don't have to observe British law, because you were not born in Northern Ireland.

    That doesn't take away from the FACT that the law is clear that when you are born in Northern Ireland, you are British by default at the moment of birth, and that you subsequently have to assert any other identity.

    So the baby born next to @downcow in Down is British until s/he tells you otherwise, that is the law. The default assumption is British until a different identity is asserted.

    You can view people whatever you like, but you can't rewrite the law.



  • Registered Users, Registered Users 2 Posts: 81,317 ✭✭✭✭FrancieBrady


    Yes, you don't have to observe British law, 

    Thank you.
    Now don't dictate to me on this subject again.

    British law applies to British subjects.



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  • Registered Users, Registered Users 2, Paid Member Posts: 28,426 ✭✭✭✭Peregrinus


    The right to identify as British or Irish is conferred at birth — that's literally what "birthright" means. The exercise of that right may happen later on, and on more than one occasion, but the right itself is conferred at birth and subsists indefinitely. There are no circumstances in which you can lose it.

    And it's separate from citizenship — even if you renounce your British citizenship, you still have the right to identify as British and to have that identity accepted. Conversely, you have the right to identify as Irish, and to have that identity accepted, even if you never do an act which invokes your entitlement to Irish citizenship.

    (One consequence of this is that, if a person from NI renounces their British citizenship, under the GFA they still have the right to identify as British and have that identity accepted. And, furthermore, they still have a right to hold British citizenship, so they can reverse their renunciation and resume British citizenship. If a person from GB renounces , they can only resume British citzenship on certain conditions — they have to be of good character, and they have to get the approval of the Home Secretary, etc. But I think enforcing those conditions against a person from NI would be a violation of the GFA.)

    (As for sequencing, it's explicit in the GFA that it's the right to identify as British that gives rise to the right to British citizenship, not the other way around.)



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