Brexit's Violation Of The Good Friday Agreement's Core Principles

The Good Friday Agreement, also known as the Belfast Agreement, was signed in 1998 to end 30 years of violent conflict in Northern Ireland known as the Troubles. The agreement established a power-sharing administration and created institutions for cross-border cooperation and improved relations between the British and Irish governments. It also set up a new government for Northern Ireland, representing both nationalists and unionists. After Brexit, Northern Ireland became the only part of the UK with a land border with an EU country, raising concerns about a potential hard border and its impact on the Good Friday Agreement. While the agreement does not explicitly rule out a hard border, it mentions removing security installations and normalising security arrangements. The UK and EU agreed on the Northern Ireland Protocol to avoid checks on the Irish border, but this has been criticised by unionist parties as undermining the agreement by separating Northern Ireland from the rest of the UK. The DUP has refused to participate in power-sharing until these concerns are addressed. The UK and EU signed the Windsor Framework in February 2023 to alter the protocol and reduce checks on goods arriving in Northern Ireland from Great Britain. The DUP has yet to decide whether to back the deal and return to power-sharing. While some argue that Brexit violates the Good Friday Agreement, others, such as John McGarry and Brendan O'Leary, claim that the Withdrawal Agreement does not violate the agreement's consent provisions.

The UK's Withdrawal Agreement violates the Good Friday Agreement's consent principle

The Good Friday Agreement (GFA) is a pair of agreements signed on 10 April 1998, which ended most of the violence of the Troubles, an ethno-nationalist conflict in Northern Ireland. The GFA restored self-government to Northern Ireland on the basis of "power sharing" and included acceptance of the principle of consent.

The UK's Withdrawal Agreement, contrary to the claims of the DUP, does not violate the GFA when it comes to consent. The Withdrawal Agreement does not modify the sovereign status of Northern Ireland. The consent principle included in the GFA requires that whether Northern Ireland reunifies with Ireland or remains in the UK is decided by a majority of its people. This is the consent-to-sovereignty principle, and a simple majority suffices.

The Withdrawal Agreement's 'frontstop' arrangements do not alter the sovereign status of Northern Ireland. The functions concerned – customs, EU single market regulation, and VAT – are not Northern Ireland Assembly or Executive functions under the GFA or the NI (1998) Act. Therefore, these functions are not subject to cross-community consent procedures.

The UK and Irish governments have decided, through the Withdrawal Agreement, to allow the Northern Ireland Assembly to opt out of the envisaged changes after four years, with a delayed effect of a further two years. This gives no veto to unionists or nationalists. Instead, it gives a pivotal role to the 'others', who do not register as either unionist or nationalist in the Assembly.

In conclusion, the UK's Withdrawal Agreement does not violate the GFA's consent principle. The Withdrawal Agreement's proposals regarding Northern Ireland are reasonable and balanced.

Brexit undermines the Good Friday Agreement's commitment to cooperation between communities

The Good Friday Agreement (GFA) is a pair of agreements signed on 10 April 1998 that ended most of the violence of the Troubles, an ethno-nationalist conflict in Northern Ireland. The GFA is made up of the Multi-Party Agreement between most of Northern Ireland's political parties and the British-Irish Agreement between the British and Irish governments. The GFA restored self-government to Northern Ireland on the basis of "power sharing" and included a commitment to civil and political rights, police reform, and paramilitary disarmament.

Brexit undermines the GFA's commitment to cooperation between communities in several ways. Firstly, it has changed the trading relationship between Britain and Northern Ireland, with unionist objections to all versions of the Protocol on Ireland/Northern Ireland. Unionist politicians such as Lord Trimble have claimed that the Protocol has "subverted the main safeguards within the Belfast Agreement".

Secondly, Brexit has disrupted the "delicate balance" created by the GFA and the St Andrews Agreement, as noted by Paul Givan in his statement of resignation as First Minister. The UK government's approach to Brexit has caused damage to the "three strands" of the GFA: North/South Ministerial Councils, east-west trade, and Stormont institutions.

Thirdly, Brexit has led to concerns about the potential for a hard border between Northern Ireland and the Irish Republic, which would be the only land border between the UK and the EU. While the GFA does not explicitly commit to never hardening the border, it does state that the development of a peaceful environment should mean a normalisation of security arrangements, including the removal of security installations. A hard border could be seen as re-emphasising the context and causes of the conflict, creating tensions and challenges around people's identities.

Finally, Brexit has undermined the spirit of the GFA, which is widely understood to be a spirit of non-violence, consent, and partnership. The assumption behind the GFA was one of closer integration, and the increasing openness of the border has been seen as a consequence of the GFA. Any restriction or friction at the border could be interpreted as a sign that the peace process is moving backwards and that the GFA is being undone.

Brexit threatens the Good Friday Agreement's commitment to normal security arrangements

The Good Friday Agreement, also known as the Belfast Agreement, was signed on 10 April 1998 and brought an end to 30 years of violent conflict in Northern Ireland, known as the Troubles. The agreement is based on the idea of cooperation between communities and set up a new government for Northern Ireland, representing both nationalists and unionists.

The agreement also committed the British government to the "normalisation of security arrangements" in Northern Ireland. This included the reduction in the number and role of its armed forces in Northern Ireland and the removal of security installations. The agreement states that:

> "the development of a peaceful environment... can and should mean a normalisation of security arrangements and practices."

Brexit, however, has complicated Northern Ireland's border arrangements and security situation. The region now has a land border with an EU country, the Republic of Ireland, which requires checks on goods transported between the UK and the EU's markets. This has led to concerns about a potential return to border checkpoints, which could threaten the cross-border cooperation established by the Good Friday Agreement.

The UK government's Brexit deal, negotiated by former Prime Minister Boris Johnson, included the Northern Ireland Protocol, which created a new border in the Irish Sea. Goods are checked when they arrive in Northern Ireland from the rest of the UK, while Northern Ireland continues to follow many EU single-market regulations. This has been strongly opposed by unionist parties, including the Democratic Unionist Party (DUP), which argue that it undermines the Good Friday Agreement by separating Northern Ireland from the rest of the UK.

The DUP boycotted the Northern Ireland Executive for nearly three years in protest against the protocol, causing the collapse of the devolved government. Although a new deal, the Windsor Framework, was agreed upon in 2023 to reduce border checks and address unionist concerns, the situation remains unresolved. The DUP has continued to oppose the protocol, arguing that it does not go far enough to protect Northern Ireland's place within the UK.

Brexit has, therefore, threatened the Good Friday Agreement's commitment to normal security arrangements by creating new border controls and inflaming tensions between unionist and nationalist communities in Northern Ireland. The dispute over the Northern Ireland Protocol has highlighted the ongoing challenges of maintaining the fragile peace and cooperation established by the agreement.

Brexit violates the Good Friday Agreement's commitment to human rights and equality

The Good Friday Agreement (GFA) is a pair of agreements signed on 10 April 1998 that ended most of the violence of the Troubles, an ethno-nationalist conflict in Northern Ireland. The GFA affirmed a commitment to "the mutual respect, the civil rights and the religious liberties of everyone in the community". It also recognised "the importance of respect, understanding and tolerance in relation to linguistic diversity", especially in relation to the Irish language, Ulster Scots, and the languages of Northern Ireland's other ethnic minorities.

The UK's membership of the EU facilitated the freedoms across the islands that people quickly took for granted. The EU's single market, coupled with the peace process, permitted the gradual dismantling of customs posts and checkpoints along the border. The ECHR is directly referenced in the text of the GFA, guaranteeing people in Northern Ireland protections under its terms.

Brexit has placed the constitutional question back on the table. It has brought back old polarisation, including questions about the region's constitutional future. A border down the Irish Sea would be seen by many as a fragmentation of the UK, while any new border across the island would be seen as a reversal of the gains of peace under the GFA.

The retained EU law bill, if passed unamended, will automatically scrap thousands of safety standards, environmental protections and rights that parliament voted to implement while the UK was an EU member. This could have an even worse impact in Northern Ireland, the only part of the UK to share a land border with the EU and remain within its single market.

Brexit, therefore, violates the GFA's commitment to human rights and equality by threatening to dilute the UK's adherence to the ECHR and by endangering the peace process.

Brexit violates the Good Friday Agreement's commitment to power-sharing

The Good Friday Agreement, also known as the Belfast Agreement, was signed on April 10, 1998, and brought an end to the Troubles, a 30-year sectarian conflict in Northern Ireland. The agreement was made up of two parts: the Multi-Party Agreement, signed by most of Northern Ireland's political parties, and the British-Irish Agreement, signed by the British and Irish governments.

One of the key elements of the Good Friday Agreement was the restoration of self-government to Northern Ireland on the basis of "power-sharing". This meant that the state's top jobs would be equally divided between Catholic nationalists and Protestant unionists by law. As a result, any changes to the law would have to be agreed upon by both parties.

Brexit has threatened this power-sharing agreement in several ways. Firstly, it has reopened debates around the border between Northern Ireland and the Republic of Ireland. As part of the Good Friday Agreement, the UK and Irish governments agreed to demilitarise the border and remove military checkpoints, taking advantage of their shared membership in the EU's customs union. This led to the virtual dissolution of the border, with an estimated 105 million crossings every year. Brexit, however, has complicated this arrangement, as the UK is leaving the EU's customs union. This has led to concerns about the re-establishment of a hard border, which could have negative practical and psychological effects.

Secondly, Brexit has polarised attitudes in Northern Ireland, bringing back old divisions and questions about the region's constitutional future. While a majority in Northern Ireland voted to remain in the EU, the DUP, a unionist party, supported Brexit. This has created tensions with nationalist parties, who staunchly oppose leaving the EU. The collapse of the power-sharing executive in 2017, due to disagreements between the DUP and Sinn Féin over a green energy program, can be partly attributed to these tensions.

Finally, Brexit has had a negative impact on the economy and society of Northern Ireland. Agriculture, which comprises 35% of the region's exports, has been particularly affected, with potential disruptions to supply chains and labour. There have also been concerns about access to healthcare, specialist medical services, and mutual recognition of professional qualifications.

In conclusion, Brexit has violated the Good Friday Agreement's commitment to power-sharing by creating divisions between unionist and nationalist parties in Northern Ireland, threatening the fragile peace established by the agreement and impacting the region's economy and society.

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