The Gazette 1971

FRAMEWORK

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

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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