Northern Ireland: A Constitution Under Strain

Northern Ireland's complex constitutional history has left it with a fragile system of governance that is struggling to meet the challenges of today. That's the key message from a new paper reviewing the UK constitution by Queen's University Belfast's Dr Lisa Claire Whitten.?

Dr Whitten argues that Northern Ireland has gone through four distinct constitutional epochs since partition in 1921, each shaped by the turbulent political situation. From 1920 to 1972, there was an era of unchallenged unionist rule. The Troubles brought direct rule from 1972 to 1998. The Good Friday Agreement then established fragile devolved institutions, which have often collapsed. Brexit has now created further disruptions.??

This turbulent history has bequeathed major constitutional challenges that are undermining effective governance - but which could be alleviated with modest reforms focused on stability and representation rather than the traditional nationalist-unionist debate.

The Unsteady Path to Devolution

Dr Whitten outlines how Northern Ireland enjoyed extensive self-government as an integral part of the UK from 1920 to 1972. The unionist Ulster Unionist Party dominated the original Parliament of Northern Ireland, wielding power akin to that of Westminster over Scotland today.

Yet sweeping powers brought abuse, with gerrymandering and discrimination against the nationalist minority. When the Troubles broke out in 1968, Westminster abolished Stormont in 1972. Despite attempts to restore power-sharing during the Sunningdale Agreement, direct rule continued for over two decades.

The 1998 Good Friday Agreement finally established a stuttering system of devolution. Dr Whitten argues the institutions have been suspended four times when the mandatory cross-community executive collapsed. Devolution has only operated smoothly 60% of the time.

Brexit Disrupts a Fragile Balance?

Most recently, Brexit has thrust Northern Ireland into the centre of UK-EU tensions. Dr Whitten contends the Protocol was negotiated with minimal understanding of Northern Ireland's fragile governance.

When the DUP refused to form an executive in protest in 2022, Northern Ireland faced an unprecedented situation. UK ministers introduced emergency laws allowing civil servants to make major decisions.

Dr Whitten warns this is just the latest example of 'temporary' Northern Ireland solutions becoming semi-permanent - at a real cost to democratic legitimacy.

Stability Demands New Thinking

Dr Whitten argues stability in Northern Ireland has always taken priority over effective governance. But modest reforms could strengthen representation and boost stability ahead of any future border poll.

She highlights five key problems:

First, the growth in non-aligned parties makes the rules tying executive formation to unionist and nationalist consent outdated.

Second, there is a major 'implementation gap' between political agreements and actual policy progress.

Third, both the Protocol and current governance arrangements undermine democratic accountability when devolution collapses.?

Fourth, Northern Ireland's novel position vis-à-vis the EU and UK has increased complexity.

Finally, there remains constitutional 'illiteracy' and a lack of understanding of Northern Ireland's uniqueness at the UK level.

Steps Towards A More Effective Constitution?

To address these challenges, Dr Whitten proposes several reforms:

- Updating Assembly rules to allow executive formation with consent of three groups: unionist, nationalist and non-aligned.

- Introducing time limits on negotiating a Programme for Government, with budgetary consequences for failure.

- Allowing a 'shadow' Assembly to vote on civil service decisions during collapse.

- Requiring impact assessments showing how new laws affect Strands 2 and 3 of the Good Friday Agreement.

- Expanding the Cabinet Manual to properly cover devolution issues.

- Formalising cooperation between the Northern Ireland Civil Service and Whitehall.

Dr Whitten contends such incremental changes could bolster Northern Ireland’s stability and governance at a critical juncture. But they require policymakers across the UK to recognise and accommodate Northern Ireland’s distinctiveness within the country’s uncodified constitution.

You can read the full report here: Constitutional Change in Northern Ireland