Devolution returns to Northern Ireland

Two years after the Democratic Unionist Party put the institutions of the 1998 Belfast/Good Friday Agreement into suspension by withdrawing from them, those institutions returned, and devolved government exists in Northern Ireland again, headed by a Sinn Féin First Minister. Negotiations between the UK government and DUP led to a deal, embodied in a white paper. Alan Whysall looks at the paper, and the prospects for the Agreement settlement.

How we got here

The history of the dispute has been set out on this blog and a recent Constitution Unit podcast. Briefly, a Protocol to the EU Withdrawal Agreement left Northern Ireland effectively within the EU single market for goods and customs arrangements. This avoided the necessity for a border within the island of Ireland, which would be acutely difficult in both political and practical terms; it gave Northern Ireland rights to trade freely in the EU as well as Great Britain. But potentially it inhibited trade with GB, the symbolism of which antagonised some unionists. Hardline pressure grew. The Democratic Unionist Party (DUP) responded by withdrawing from the institutions in February 2022, thereby shutting them down.

The Windsor Framework, agreed between the UK and EU in 2023, was intended to respond to the DUP’s demands – but it stayed out. Negotiations went on, in private, between the DUP and London, reportedly involving Julian Smith, who more or less uniquely among recent secretaries of state is widely respected in Northern Ireland. There was also a brief interparty discussion in December in which the government made an offer of relief for Northern Ireland’s desperate public finances. But deadlines came and went.

Finally, a week or so ago, DUP leader Jeffrey Donaldson presented the proposals emanating from the negotiations to various party groupings; and securing majorities, albeit not it appears large ones, announced acceptance.

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Church and state in European monarchies

At his coronation, Charles III will swear an oath to uphold the Protestant religion in a ceremony overseen by the Archbishop of Canterbury. However, while many European monarchs retain a link to their national church, the UK is alone in continuing to have a coronation ceremony. Frank Cranmer discusses how monarchies throughout Europe have attempted to reconcile their historical religious traditions with the reality of modern multi-faith societies.

In addition to the United Kingdom, there are 11 other monarchies across Europe, with varying constitutional arrangements when it comes to religion: Andorra, Belgium, Denmark, Liechtenstein, Luxembourg, Monaco, the Netherlands, Norway, Spain, Sweden – and, of course, Vatican City, where the Pope is head of state. In Andorra, the Bishop of Urgell and the President of France are co-Princes and its constitution gives special recognition to the Roman Catholic Church. Under the constitution of Liechtenstein, the Roman Catholic Church is the ‘National Church’, while the constitution of Monaco declares Roman Catholicism ‘the religion of the state’.

Under the terms of the Act of Settlement 1700, the monarch of the United Kingdom may not be a Roman Catholic, and the relationship between church and state means, in effect, that he or she must be a member of the Church of England as established by law. Uniquely in Europe, the British monarch is also the Supreme Governor of the Church: a title that goes back to the Act of Supremacy 1559, when the Protestant Elizabeth I succeeded the Catholic Mary. Henry VIII had declared himself the ‘Supreme Head in earth’ of the Church, but Elizabeth chose a less confrontational title.

The monarch also has a unique association with the Church of Scotland, appointing a Lord High Commissioner to the annual General Assembly of the Church who makes opening and closing addresses to the Assembly as the monarch’s representative and carries out a number of official functions while the Assembly is sitting. In 2002, Queen Elizabeth II attended in person rather than appointing a commissioner.

Scandinavia also preserves a Protestant succession. The Church of Sweden was disestablished on 1 January 2000. Furthermore, ties between church and state in Norway were somewhat loosened by an amendment to the constitution which came into effect on 1 January 2017, which removed the previous reference to an ‘official religion of the State’. However, both countries still require their monarch to be Lutheran. In Sweden, for example, under Article 4 of the Act of Succession 1810, ‘The King shall always profess the pure evangelical faith, as adopted and explained in the unaltered Confession of Augsburg and in the Resolution of the Uppsala Meeting of the year 1593’. Likewise in Denmark, Article 4 of the Constitution maintains the establishment of the Evangelical Lutheran Church and Article 6 requires that the monarch shall be a member of the Church.

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The monarch’s role as Defender of the Faith in an increasingly secular society

The role of the Church of England in the British state will be front and centre at the coronation of King Charles III, which takes place on Saturday. Catherine Pepinster argues that Charles and his mother, Elizabeth II, have reinvented the monarchy’s relationship to religion in twenty-first century Britain. Quite where that leaves the relationship between the monarchy and the more secular in society remains open to question.

Bit by bit, drip by drip, Buckingham Palace has gradually been revealing the details of the coronation of Charles III and Queen Camilla. There have been announcements about the crowns they will wear and the music that will be played, as well as commentaries from the press about the King not wanting a lavish ceremony and striving for both continuity and change on 6 May. Then in December 2022, Prime Minister Rishi Sunak described it as a unique moment that would ‘allow us to showcase the very best of Britain’.

Amid this chatter, there has been barely any coverage of what lies at the heart of the coronation – religion. Since the time of Henry VIII and his creation of the Church of England, religion and monarchy have been inextricably linked. The sovereign takes the title of Supreme Governor of the Church of England, which is the established church in this country. Long before that, church and monarch were intertwined, with both bestowing different forms of power – temporal, spiritual – upon the other. For more than a thousand years, the coronation of first the English, and later, the British monarch, has been a Christian service, with roots in Biblical ideas of kingship, focusing on notions of service and the importance of the monarch being blessed with wisdom. This is most memorably expressed in Handel’s spine-tingling Zadok the Priest, composed for the coronation of George II and performed at every coronation since. It is expected to be played again in May, including the lines from the Old Testament’s First Book of Kings: ‘Zadok the priest and Nathan the prophet anointed Solomon king’.

Note the reference to Solomon – a byword for wisdom – and note mention of anointing. Most people assume crowning is at the heart of a coronation, and it is certainly the most visually affecting moment. For constitutionalists, the most important aspect of the coronation is the oath-taking. This is when the monarch promises to govern according to laws and customs, honour the legal settlement of the Church of England and its rights and privileges, as well as uphold the Protestant religion. However, for the clerics, Christian believers, and monarchs, it is the anointing, when the sovereign is blessed and the grace of God is called down upon him, that is the key aspect of the ceremony.

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