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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Northern Ireland’s political institutions: time for change?

The Commons Northern Ireland Affairs Committee has published a report on the effectiveness of the institutions established by the Belfast/Good Friday Agreement. Alan Whysall argues that it is a much-needed contribution to informed debate. Its proposals for institutional change are unlikely to be implemented as cast. But similar reforms may be essential to the survival of the Agreement settlement.

Politics in Northern Ireland has been deadlocked for almost two years, leaving the institutions established by the Belfast/Good Friday Agreement unable to function. The Assembly does not meet; ministers have not been appointed to form an Executive; government is carried on by civil servants with very limited powers, with occasional interventions from London; there is financial disarray.

The leader of the Democratic Unionist Party (DUP), Jeffrey Donaldson, whose veto has led to the deadlock, has appeared for some months to be edging towards lifting it, despite profound differences of view between DUP leadership figures. Matters seemed to be coming to a head last week following publication of a British government offer to the main political parties of a financial package if devolution resumes. But it is now clear there will be no DUP decision before Christmas – although the Secretary of State, while announcing an improved financial package, declared that talks on resuming devolution were over: the government’s final offer was on the table. 

Into this context, the Commons Northern Ireland Affairs Committee published a timely report on the functioning of – and possible reforms to – the Agreement institutions. Though the report passed largely unnoticed outside Northern Ireland, this is much more than geekery. Institutional reforms may be essential to ensuring stable and effective government in the future, whatever the result of the current negotiations. Change will not be easy, however: the DUP opposed the report’s recommendations, and Sinn Féin appears cool towards them (see below). So the consensus that has generally been sought for changes to the Agreement is by no means present.

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Perspectives on the Belfast/Good Friday Agreement: new evidence and insights

The Constitution Unit today publishes a new report examining diverse perspectives on the Belfast/Good Friday Agreement. Through interviews, focus groups, and documentary analysis, it reveals different understandings, preferences, hopes, and fears, in Northern Ireland and beyond. As efforts continue to restore Northern Ireland’s power-sharing institutions, authors Alan Renwick and Conor J. Kelly argue that only by listening to these many viewpoints can progress be made.

Recent months have seen numerous celebrations marking the 25th anniversary of the Belfast or Good Friday Agreement. After decades of violence, the Agreement brought peace and relative political stability to Northern Ireland. Emerging after years of effort by both the British and Irish governments, and actors in Northern Ireland, it was approved by large majorities in referendums in Northern Ireland and the Republic of Ireland. It is a unique and carefully constructed document, and it remains the cornerstone of consensual politics in Northern Ireland today.

Yet the Agreement also faces serious challenges. Some aspects have not functioned as imagined in 1998, or indeed been implemented at all. The main ‘Strand 1’ institutions established through the Agreement – the Northern Ireland Assembly and Executive – have repeatedly collapsed or been suspended. They last functioned in early 2022, and negotiations to restore them are ongoing as we write. Tensions generated by Brexit and the Protocol have created a period of fractious politics that has been deeply destructive of trust. As Alan Whysall has repeatedly warned on this blog, the situation is grave.

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The impact of Brexit on UK policy on Northern Ireland

Conor Kelly and Etain Tannam argue that Brexit reversed much of the progress of past decades in Northern Ireland by signifying a return by the UK government to a unilateral approach that prioritised traditional sovereignty in both its relations with the Irish government and with devolved governments. They conclude that Brexit has deeply destabilised the political settlement in Northern Ireland.

In the first 5 months of 2023, Northern Ireland was rarely far from our front pages as the Windsor Framework was negotiated between the UK government and European Commission in February, and the world’s media descended on Belfast for the Belfast/Good Friday Agreement’s 25th-anniversary celebrations in April. Yet, the Stormont institutions remain suspended, and the Democratic Unionist Party (DUP) has thus far refused to accept the Windsor Framework as the basis for returning to power-sharing.

To understand Brexit’s impact on the government’s policy, one must examine if joint UK-Irish EU membership between 1973 and 2016 impacted UK policy to Northern Ireland. We argue that while the Europeanisation of UK government policy towards Northern Ireland can be overstated, it had an indirect impact on the peace process by influencing the strategy of its key architect, former Social Democratic and Labour Party (SDLP) leader John Hume. In particular the EU’s model of  institutionalised cooperation and consensual policy-making has echoes in the 1998 Agreement. Thus, the process of de-Europeanisation since 2016 has had a severely negative effect on political stability within Northern Ireland and UK-Irish relations.

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Post-election negotiations in Northern Ireland must set the Belfast Agreement on a firmer footing and re-establish constructive politics

Alan Whysall, Honorary Senior Research Associate of the Constitution Unit, looks at the Northern Ireland Assembly elections held last week. He suggests that the foundations of the Belfast/Good Friday Agreement continue to weaken, and there is no sign of the government offering any response that might strengthen them; its proposals on the Northern Ireland Protocol risk making matters worse. Alan’s discussion paper on Northern Ireland’s political future: challenges after the Assembly elections was published last Friday, and is summarised in this blog, and discussed in this podcast.

The election results, though well forecast by polling, were reported in dramatic terms by media outside Northern Ireland, with coverage focusing on Sinn Féin displacing the Democratic Unionist Party (DUP) as the largest party.

They reflect the increasing polarisation of Northern Ireland politics, fuelled by unionist concerns over the Northern Ireland Protocol. So Traditional Unionist Voice, to the right of the DUP, tripled its vote. The DUP lost approaching a quarter of its vote – but probably, with its line that only it could ensure there was a unionist First Minister, scooped up some support from the Ulster Unionists, who fared poorly. In the event, the DUP won 25 seats, more than many predicted.

But the line about First Ministers was heard even more on the other side, resulting in more nationalist votes going to Sinn Féin. That made it the largest party in the Assembly with 27 seats. The nationalist SDLP lost out grievously; with eight members, it is too small to gain a ministerial position.

The other notable phenomenon in the election, though, was the rise of the centre ground, those identifying as neither unionist nor nationalist – which means now, almost exclusively, the Alliance party. Alliance more than doubled its Assembly seats to 17. It is now the third largest party, instead of fifth. The binary assumptions of the Agreement, that politics is essentially about unionist and nationalist blocs, may be increasingly unsustainable.

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