The Gazette 1971

FRAMEWORK

actual numbers chosen have no special validity, and could be enlarged if necessary to reflect wider opinion from both communities. This cross-fertilisation would enable the respective members of both Houses to speak with authority on the problems of their part of the country and of the solu- tions for Ireland as a whole. They would provide the type of liaison and co-operation so vital to end the partisan strife which is crippling the country, and they would be accountable to the community for their actions in both parliaments. The method of selection of existing Members of Parliament would be analagous to the prac- tice existing. in the Common Market at present in electing representatives of the Six to the European Parliament. The Executives The Governments of Northern Ireland and the Republic should continue to exert exclusive jurisdiction as at present, but each should have one member with the right to sit in both Governments. This goes much further than the exchange of diplomatic representatives. To be acceptable, the member of the Government from the North or South might be excluded from discussions at Cabinet level, except in areas which concerned the country as a whole. The increased power of the Executive and the fact that this body is the policy-making organ of each com- munity necessitates this personal participation ny one member of the alternative Government. Only in this way can goodwill and trust be built up, and close liaison maintained betweent he two Governments. At present the Government member from the North would be a Unionist, chosen by the subordinate Stormont Govern- ment while the Government member from the Republic would be a member of the Fianna Fáil Party. This member of the Government would be accorded the facility of appearing before both Houses of the Legis- lature of that other community, and might be chosen from among the Members of Parliament delegated to that body by the other Legislature. The Judiciaries At present there is not the same compelling argument for integration of the judicatures of North and South. The Southern judiciary has the power of judicial review of legislation on the ground of repugnancy to the funda- mental guarantees of individual freedom in Articles 40- 44 of the 1937 Constitution. Under the Government of Ireland Act, 1920, the Northern Courts can declare legislation contrary to that Act, to be ultra vires and void. By adopting a Bill of Rights which would bind the Stormont Parliament, it would be possible to extend the same power of review of legislation of that Parlia- ment to the Northern Courts. In this way, an individual could bring an action to assert a Constitutional right, or challenge legislation curtailing that right on the grounds that it is repugnant to such Bill of Rights. Other Structures Once some flexibility has been introduced into the formal organs of Government—the Legislature, the Executive and the Judiciary—it would stimulate the setting up of informal bodies to co-operate in economic and social spheres. Working committees could consider the problems of Ireland as a whole and work out legis- lative solutions, which could be proposed to both Parlia- ments at once. The North is fortunate in having adopted the device of an Ombudsman to redress grievances. At present this Parliamentary Commission is the same as that for

The Legislatures The Constitutional bodies which must be developed as a primary step are the Legislatures. I propose the reten- tion of both Parliaments, Stormont and the Oireachtas, but with a certain interchangeability of manpower, and the continued attendance of a proportion of M.P.s from the North at Westminster. Just as twelve M.P.s sit in Westminster as representatives of Northern Ireland, so certain representatives of Stormont ought to sit in the Oireachtas and vice versa. To make this cross-representation a valid represen- tation of the two communities, North and South, it would be necessary to introduce proportional represen- tation and multi-seat constituencies in Northern Ireland. When members have been elected to Stormont on this basis, a number, perhaps ten, should be constituted members of the Dáil, and five, members of the Seanad of the Republic. This representation should reflect the overall representation in Stormont, and at present would mean a majority of Unionists coming down to the Oireachtas as the Northern contingent. This is prefer- able to a special election of members to sit in the Oireachtas, where Unionists might be reluctant to go forward and the representation of other groups would be disproportionate. As a counterbalance to this, ten members of the Dáil and five members of the Seanad would be constituted members of the House of Commons and Senate of Northern Ireland. Again, this representation should reflect the weight of political opinion in the South. The I BusinessMachines I OfficeEquipment I AfterSalesService I kingdom KBI business syscans ltd. I 12 Washington St. 14 Castle St. 85 O'Connell St. I Cork Tralee Limerick • Tel. 21339/0 Tel. 2 1 7 52 Tel. 43654 • Telephone for Immediate Action

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