My Lords, I support the amendment in the name of the noble Lord, Lord Lexden. On Second Reading, he said that it was a terminological
point but it is rather more than that, as he has demonstrated today. It is actually a substantive point of some significance. I will draw attention to the fact that the loose use of the phrase “the Government of Ireland” has a bad history. The noble Lord said in his remarks on the Anglo-Irish agreement of 1985, accurately, that in the British text it is defined as an agreement between the Republic of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland, but there were two texts of this agreement. In the Irish text, the agreement was defined as between the Government of Ireland and the Government of Great Britain.
The consequences of that are really severe for something vital to the whole peace process: the protection, preservation and respect for the principle of consent. When the McGimpsey brothers challenged the agreement of 1985 in Dublin’s Supreme Court, that Supreme Court ruled that it was an agreement between something called the Government of Ireland and the Government of Great Britain, and that any apparent remarks in the agreement of 1985 acknowledging the right of the people of Northern Ireland to determine the status of Northern Ireland were therefore of no substance because it was not clear what Northern Ireland was. It could conceivably have been the case that it was part of the Government of Ireland. This is fairly obviously a spurious argument; none the less, it was so used and accepted by the Irish Supreme Court. It therefore diluted what Her Majesty’s Government thought that they had achieved in 1985: an acknowledgement of the right of the people of Northern Ireland to determine their own future, which exists in the British version of the documentation.
Given the rather difficult history of the loose use of the phrase “Government of Ireland” it seems very surprising that it now not only appears in Irish government documents, which is to some degree understandable, but is starting to appear in the documents of the United Kingdom Government. This is surely a step too far. It has a dangerous prehistory and we need to be very careful about it. I believe that the Irish Government today fully support the principle of consent and that one of the great achievements of the agreement of 1998 was the fact that that support became absolutely explicit through a referendum of the Irish people, passed by a large majority. But having achieved this remarkable development, and therefore the possibility on which the whole peace process rests, we should not be playing around in any of our internal documents by using this loose language, which has such a troubled prehistory.
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