Mark Durkan Profile picture
Aug 20, 2019 9 tweets 2 min read Read on X
•GFA was not just "agreement between two traditions in NI" but a democratic covenant between two traditions in Ireland, unquestionably endorsed by referendum and directly reflected in the Irish constitution.
•Backstop to uphold its precepts & purposes is not anti-democratic. 1/
The specious line that GFA neither depends on or requires a particular customs or regulatory regime ignores fact that removal of customs border etc not only predated Agreement but ceasefires. Single market & CU prospect was plank in JH's case in Hume-Adams even in '87-8. 2/
EU taken as given in GFA w refs in 3 Strands & joint membership valued in British-Irish Agreement. Hume wanted it more explicit but accepted anti-EU stances of some (Eg SF, DUP, some UUP) might affect referendum case. In later negs on N-S bodies UUP wanted EU-related remits.3/
Pan-UKism ignores NI different per GFA eg constitutional status, citizenship, devo terms, cross-border institutions etc.
•Only part of UK that could rejoin EU without Art 49 negotiation.
•Par 17 Strand 2 has NSMC channel for agreed NI views to be represented at EU meetings.4/
•Backstop is not EU control but EU concession favoured by key NI sectors & clearly supported by a democratic majority.
•Next stage insurance not a fixed end state. Its need confirmed by many UK tergiversations on Brexit shape, GFA/border, other pledges eg free movement.5/
"Alternative arrangements" should not just be putative technological solutions. "Flexible & creative.." could include using underused bandwidth in GFA Strand 2 (& 3) for sectors. Aim should be 360° degree protection against borderism stemming from future UK or EU impositions.6/
If UK Brexit approach could not be relied upon with backstop it had agreed & which was designed for their red lines how could they be trusted without the backstop given the impulsive imperatives of new Brexiter red lines and dissolvable promises? 7/
As insurance the backstop guards against detriment to existing flows and cooperation in island space. It does not guarantee development of future options within prospectus of GFA. Those who value backstop will also want new understandings & undertakings to succeed it via GFA.8/
Pursuing alternative arrangements will not just be about technical or diplomatic issues but political choices. Backstop & need to better it would provide balance of insurance, interests & incentives needed to creatively explore GFA processes as channels for agreed alignment.9/

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More from @markdurkan

Feb 3, 2022
It was the DUP, ERG et al who drove Brexit as a consent-free mystery tour.

That ended up with the Protocol because they refused to listen to anyone else's concerns about Brexit or easing its impact.

Bit rich for Jeffrey to now complain about Unionists not being listened to. 1/
Sir Jeffrey, DUP, ERG, L Trimble et al insisted Brexit did not need democratic consent of people in NI or any degree of cross-community support.

They cheered when UK Supreme Court said Brexit against NI democratic wish did not breach "consent" principle of GFA. 2/
They further insisted that Brexit negotiation terms were a matter for the UK government alone.
They argued that no devolved consent was needed in NI, S or W for negotiating principles or outcomes.
Even if such principles or outcomes trespassed on devolved powers! 3/
Read 8 tweets
Feb 16, 2021
Some politicians & commentators now back to specious refrain from their Backstop opposition that Protocol breaks GFA.
Points made = Lord Trimble says so; consent; constitutional status.
Arguments contradict own previous lines & ignore Protocol as result of own Brexit stances. 1/
Same L Trimble:
•denied Brexit implications for GFA saying GFA was "purely political & constitutional" not about economics or trade which Brexit is about.
•said NI consent not needed for Brexit &
•devolved consent not needed for terms or outcome of UK-EU negotiations 2/
L Trimble line of GFA not about trade/economics/EU ignored motives & mechanisms of partnership/cooperation in 3 Strands inc EU matters, N-S body remits etc.
Brexists hailed slanted view as gospel but now flip logic to argue trade factors = constitutional status ergo "consent" 3/
Read 13 tweets
May 22, 2020
22 years ago today people of all traditions voted for #GFA.
It stands because it was uniquely validated North & South (h/t John Hume).
DUP opposed it.

Still, like rest of us, they & followers were guaranteed rights under GFA.

But the DUP do not have rights over it. 1/
Agitated against #GFA even after its validation but DUP now self-ordain as arbiters of GFA precepts.
Using twisted lines to conflate/confuse discrete "consent" provisions in GFA re Brexit, backstop & protocol.
Now arrogating over "birthright" tenet on citizenship choice. 2/
Dual referendum 22 May 98 amended Arts 2 & 3 of Irish Constitution to reflect GFA on citizenship & consent.
GFA didn't make Irish citizens in North British for time-being.
Nor does it make British citizens Irish-in-waiting.
"Consent" does not impose on citizenship choice. 3/
Read 12 tweets
Oct 21, 2019
DUP current lines re Brexit, consent, democracy & GFA need more than pinch of truthful salt added.

•DUP opposed GFA (even after referendum consent).
•DUP pushed "Leave" rubbishing all concerns re GFA impacts.
•DUP insist Brexit to be imposed on NI against public choice. 1/.
•DUP opposed all calls for parliamentary oversight of Brexit negotiations
•DUP rejected case for devolved consent on Brexit terms even if devolved powers (Scotland/Wales) affected
•DUP blasted Miller decision by SupCourt but cheered rulings on Brexit not engaging consent 2/
•DUP insisted withdrawal terms were for government not parliament or devolved bodies.
•DUP rejected civic dialogue invitation by Irish Government open to all parties & sectors North & South on without prejudice basis
•DUP opposed amendments to Brexit Bills to protect GFA 3/
Read 11 tweets
Oct 5, 2019
1) Frustating when issues of "consent" and especially "parallel consent" under GFA are being misrepresented by some & misinterpreted by others including "experts" & some journalists.
It is *not* true that the principle of parallel consent applies to all decisions under the GFA.
2) "Parallel consent" is one of two measures of cross-community support in the Assembly.
The Agreement specified certain decisions which require cross-community support. Namely:
elections of speaker & FM&dFM (jointly), standing orders, programme of government & budgets. ImageImage
3) Either measure of cross-community support could carry those designated decisions except for the joint election First & deputy First Minister.
It uniquely required "parallel consent".
Joint & equal office elected by parallel consent key in final crucial Strand1 negotiations. Image
Read 18 tweets
Jan 28, 2019
Anti-backstoppers putting big weight on par 50 Dec'17 EU-UK Report. NB It applies to any *new* regulatory divergence in future. Terms actually covered in Juncker-Tusk letter of 14 Jan ie EU won't *impose* new regs & (unlike detractors) truly respect terms of Strands 1 & 2. /1
Anti-backstoppers claiming par 50 needs consent for backstop itself.
Not so!
Brazen given Brexiters' previous lines cheering UKSC ruling neither Brexit nor its treaty terms are subject to NI consent.
Existing ambit of Strands 1 & 2 protected by backstop, jeopardised without. /2
False arguments re "top-down imposition by EU" via Bew et al = bunkum. Misdirection distracts from attempt to ensure that future "UK-wide" measures can override & undermine existing areas of N-S cooperation, harmonisation etc & encroach envelope of Strand 1 devolved powers. /3
Read 10 tweets

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