Might the Irish/Irish border be the issue that derails #Brexit?  

This is a Brexit analysis piece I wrote for the weekly BEERG newsletter on Nov 9th, 2017

(FILES) File picture of  British Prime M

During the course of a debate on “Brexit and the Bar” held at the annual Bar conference in London earlier this week, senior British and Irish legal figures raised questions over the compatibility of Brexit with the 1998 Good Friday Agreement (also called the Belfast Agreement), warning that the landmark peace agreement may even have to be renegotiated if Britain leaves the customs union as a result of Brexit.

Paul McGarry, SC, chairman of the Bar Council of Ireland, said that the UK’s withdrawal from the European Union and likely exit from the customs union was “incompatible” with the provisions of the deal on issues such as citizenship and the free movement of people, saying:

“A hard Brexit presupposes no membership of the customs union and no membership of the single market. If you start off from that premise, you are automatically looking at some form of border and that’s incompatible with a whole variety of things, [including] the concept of citizenship for everyone born on the island in the Good Friday agreement… It’s incompatible with the common travel area, which is not part of the Good Friday agreement but predates the EU.”

Liam McCollum, QC, chairman of the Bar of Northern Ireland, echoed this analysis saying that Brexit. “[It] is as an insoluble an issue as you could possibly imagine,” and would “undermine the Good Friday agreement”. 

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What does Leo really know… or, how a leak saved his skin on #Brexit?

Today’s column was written for Broadsheet and appears there as “what does Leo really know?” 

telegraph
Daily Telegraph, November 9th, 2017

What did the President know and when did he know it?’ is possibly the most famous political question of the late 20th century. It was asked, in June/July 1973, by Senator Howard Baker during the US Senate’s Watergate Hearings.

Though we tend to forget it now, Baker framed the question in the hope of protecting his fellow Republican, President Nixon. But as the White House’s defence collapsed it came to sum up the depth and extent of Nixon’s personal involvement in the cover-up.

The Baker question popped back into my head last week watching the Taoiseach answering questions on the Irish policy on moving Brexit talks to phase two.

But, where Baker’s question highlighted how deeply Nixon was embroiled in the Watergate machinations, when it is applied to our own new Taoiseach it tends to expose how perilously unaware he often seems regarding what is happening in his own government.

So, what did our Taoiseach know last Wednesday about Ireland’s approach to moving UK/EU talks to phase two… well, according to the Taoiseach himself… not that much. Responding to parliamentary questions the Taoiseach said:

“I am now of the view that it is likely we will be able to say that sufficient progress has been made at the December meeting, allowing us to move on to discussions on transition and the future arrangements.”

Continue reading “What does Leo really know… or, how a leak saved his skin on #Brexit?”

What Britain wants from #Brexit: a new EU of just 2 – it and the #EU27

This is my Broadsheet.ie column from August 28th, 2017 – the original appears online here

Britain's SoS for Exiting the EU Davis and EU's chief Brexit negotiator Barnier talk to the media ahead of Brexit talks in BrusselsAt around 4pm (Irish time) today (Mon Aug 28), British and EU negotiators will meet again in Brussels for the latest round of Brexit talks. The first item on this week’s agenda, we are told, will be Britain’s exit bill, with the Brits expected to set out their thinking behind how they will for calculating how much is owed to the EU when Britain leaves. The teams with then go on, over the following days, to discuss the two other key issues which need to be resolved during this first phase of talks: citizens’ rights and ensuring the Northern Ireland peace process is not jeopardised.

While the EU (by which I mean “we”) set out its position on the British financial settlement back in May, British ministers have been extremely reluctant to attempt to put a figure on it. While some, like Boris Johnson have huffed and puffed about making the EU go whistle for it, the UK’s Brexit Minister, David Davis, has sufficient political nous to see that putting a realistic figure on the divorce settlement will just throw raw meat to the Tory right, who imagine they can use their debt as a bargaining chip for better terms for the future relationship.

Continue reading “What Britain wants from #Brexit: a new EU of just 2 – it and the #EU27”

The Tories road to #Brexit is paved with bad intentions

This is my Broadsheet.ie column from August 21, 2017. You can find the original online here

thank-you-samantha-bee-for-helping-us-americans-relate-to-the-brexit-mess

According to its Brexit position papers issued last week, the British Government is absolutely determined to avoid a hard Brexit and is hell bent on making sure that there will be no changes to how the border between the two parts of this island operates.

If only it were true.

It isn’t. As many others have already pointed out, you have barely to scratch the surface of the British government’s argument to quickly realise that its glistening yet imprecise language masks a dark and base core.

Last week’s papers were not about the massive machinery of the British government and civil service setting out its key positions on crucial realities arising from Brexit, but rather they were a crude and infantile political attempt to prepare a platform from where current British Ministers can accuse the EU27 of imposing borders and costs when the inevitable hard Brexit happens.

The former Tory Chancellor, George Osbourne called it right a few months back in a tweet when he predicted that the EU/UK Article 50 negotiations will end in failure in 2019 and that the UK will crash out of the EU with no deal and end up a transitional arrangement that resembles Norway’s.

Continue reading “The Tories road to #Brexit is paved with bad intentions”

A simple primer on Irish #Defence Policy

Here is another of my weekly Broadsheet columns. I am slowly catching up on reposting these columns here, I hope to have my site up to date over the coming week.

This one is from August 29th and offers a quick primer on understanding Irish Defence policy: www.broadsheet.ie/mission-creep-2/ 

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army

Though you may not have noticed it – there was, over the last few weeks, an attempt to start a public debate on Irish Defence policy. While the Irish Examiner, in particular, did its level best to get it going, the discussion soon fizzled out.

The reason why the debate never really got going may be due to the fact that we tend to only discuss defence policy in public in response to some significant event or, more frequently, to some outlandish and unfounded claim.

On the rare occasions that we have any debate on defence in Ireland, they tend to be either end of the extreme ranging from claims that we are abandoning neutrality, a claim made continuously since the 1970s, to questions as to why we even have a Defence Force.

Though there is a real and clear public pride in our Defence Forces, both at home and abroad, there is also a surprising paucity of knowledge about Defence policy.

With this in mind, I want to use this week’s Broadsheet.ie offering to put some basic facts about Irish Defence policy out there, in the vain hope that the next public debate on Defence may be based on fact and reality, not myth and assertion.

Let’s start with a few basics.

The Irish Defence Forces comprise the Army, Air Corps and Naval Service and should total 9,500 men and women. The current manpower figure as set out in a parliamentary reply to Fianna Fáil’s Lisa Chambers, is just under 9100.

There are approximately 460 Irish troops currently serving overseas on a range of UN led and mandated peace-keeping and humanitarian missions. These include: 60 naval service personnel on the humanitarian search and rescue operations in the Mediterranean; about 210 troops on the UNIFIL mission in Lebanon and approx 140 troops serving in the UNDOF mission on the Golan Heights in Syria.

Though these numbers are way down from the average of 800 plus personnel serving overseas less than a decade ago, it still represents a sizeable Irish contribution to international peace and security, which in turn contributes to our own national security.

We spend about €900 million per year on Defence, though the vast bulk (over 70%) is accounted for by wages and pensions. When it comes to value for money the Defence Forces lead the way. The reform and modernisation programme undertaken between 2001 and 2010 make it a model of how public sector reform can be done right. Productivity was increased, numbers were reduced and the savings were invested in vastly improved equipment and training.

Now let’s turn to the policy side. First and foremost, Ireland is militarily neutral. While this is usually defined as not being a member of a military alliance, it also means that we decide for ourselves how much we spend on defence and – most importantly – how, where and when we deploy our troops overseas on humanitarian and peace-keeping/peace enforcement operations.

This is done via the “Triple-Lock” mechanism of UN mandate, Cabinet and Dáil approval. Triggering this triple lock is required before 12 or more Defence Force personnel are deployed overseas under arms. This enshrines not only our military neutrality but our commitment to multilateralism and the UN.

We use the phrase UN mandated, which means that a UN resolution is required. Nowadays many UN mandated missions are not UN led, i.e. “blue helmet”, but rather led by regional organisations – such as the EU, The African Union, NATO etc – on behalf of the UN. This was the case in the 2008 EUFor Chad  mission, which was commanded by an Irishman, Gen. Pat Nash.

I was in the Dept. of Defence during the Chad/Central African Republic mission, which was established to deal with the crisis created in the region on foot of the Darfur famine. I saw how the Triple Lock was implemented smoothly and speedily. UN resolution 1778 was passed at the end of Sept 2007, Cabinet Approval was given in October, unanimous Dáil approval by the end of November and by December an initial deployment of Army Rangers and support elements were on the ground in Eastern Chad establishing the Irish Camp.

Any difficulties in deployment were not due to the Irish or the Triple Lock but rather to the frustrating slowness of other EU countries, particularly the non-neutral ones, to respond especially when it came to offering air and medical support to the mission.

Nothing I saw at those defence meetings in Brussels led me to think that an EU Army was a realistic possibility, leaving aside the fact that we have a veto (EU requires unanimity on common defence) on it and that the Irish Constitution (Art 29.4.9) precludes Irish membership of a common defence.

Speaking of air support brings me back to the Irish Examiner article mentioned at the outset. From my perspective this appears to be based on the inaccurate, if not sensationalised misreading, of an already inaccurate report.

I say inaccurate as the original material suggests that is not Ireland which has asked the RAF to protect our airspace from terrorist threats, but rather that it is the British who have asked for Irish permission to fly into our air space in the event of terrorist air attacks heading for Britain.

When viewed this way the story is not quite as sensational, nor is it the slam dunk argument for Ireland rushing out and purchasing a fleet of F-16s.

I am not absolutely opposed to our buying a few F-16s – though if we are going to go into the fighter aircraft market why not opt for some newer F-35s?

I am sure the Air Corps would be overjoyed to have them, though I suspect the Departments of Finance and Public Expenditure might baulk at the tripling or quadrupling of annual defence expenditure necessary to keep these fighters in the air 24/7, especially when we consider the real and actual threat assessments.

So, let us have a full debate on defence (and foreign) policy by all means, but let us ground it in fact and reality.

ENDS

Pro-EU sentiment across #Ireland should be fostered via all island Forum #brexitresult

puckoonThis is my Broadsheet “Mooney on Monday” from Monday piece from June 27th on how the Irish Government (and politicians) must act in response to the UK’s Brexit vote.  

There is a new (though not uncritical) pro-EU majority across the island that should be encouraged and fostered via a re-establishment of the Forum on Europe. There must not any a return of form of border across the island.

The original online version appears here: www.broadsheet.ie/return-of-the-hard-border/

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For as long as I can recall it has been a central tenet of Unionism that the status of Northern Ireland should not change without the political consent of the majority of the people living there.

Yet, that it precisely what is set to happen over the coming years, with senior members of the DUP cheering it on

Despite the fact that a clear majority – some 56% – of the people of Northern Ireland who voted, including large numbers from both traditions, stated that they wanted to remain in the EU, their wishes are about to be ignored. It seems that a majority in the North is only a majority when the DUP is a part of it.

Continue reading “Pro-EU sentiment across #Ireland should be fostered via all island Forum #brexitresult”

The Legend of #Enda of the wild Wesht…

The Legend of Enda of the Wild Whest…

Enda’s #armygate saga has had pundits of all hues falling over themselves to explain, or even excuse, how and why An Taoiseach went to a recent EPP gathering in Madrid and told a story about the Irish Defences Forces being on standby to protect ATMs back in 2012.

Some have seen this as just another example of the perils of letting Enda go off script. Others suggest it shows that his grip on the actualité is slipping, a bit like his story of the woman thanking him after the Budget.

In order to retain my punditry badge, let me weigh in with another possible explanation. I think Enda is suffering from Ransom Stoddard Syndrome.

Who is Ransom Stoddard, I hear you ask. He was the main character in the 1962 western: The Man Who Shot Liberty Valance. Stoddard, played by Jimmy Stewart, is the eponymous hero who shot the outlaw Liberty Valance – except, well…. he didn’t. (I hope this doesn’t spoil the plot for anyone hasn’t seen it.)

“No, sir. This is the West, sir. When the legend becomes fact, print the legend.”

Following a long political career, built in part on his reputation as the man who shot the criminal, Stoddard attempts to clarify events in an interview with a local newspaper. As the interview ends Stoddard asks the editor if the newspaper is going to use the real story, the editor replies: “No, sir. This is the West, sir. When the legend becomes fact, print the legend.”

For Enda the legend of Enda has become confused with fact. The Enda legend or, to use the political communications parlance, the Enda narrative, is that he and Fine Gael manfully pulled Ireland back from the brink. In Fine Gael’s mind they inherited a bankrupt and dysfunctional country and, with careful planning and skilful leadership, turned it around to become the fastest growing economy in Europe. Not only that, they also tell themselves (and others) that the recession would never have hit Ireland if only Fine Gael had been in office for the preceding decade.

It is this narrative Enda was sharing with his colleagues in the EPP. The problem is that the facts don’t back it up, so Fine Gael and Enda must construct its own facts, facts based on its legends.

As Noel Whelan points out in his column in the Irish Times: Kenny gaffe over army and ATMs part of pattern of deception this is not the first, second or third time Enda has uttered this story of Army, ATMs and the Central Bank. This story has been constructed not only to fit into a narrative of the past, it is structured so as to advance it.

Yes, as others have pointed out, it does highlight Enda’s recurring issues with going off script and ad-libbing, but it is about more than a Taoiseach who can’t be trusted out on his own and who can’t remember his lines. It is about a party in government that is all narrative and no facts.

11225395_10153631887578211_4150166261132217846_nLast week the Fine Gael placed a graphic on its Facebook page which purported to show that it alone had secured Ireland’s recovery and made Ireland the fastest growing economy in the EU. To even the most casual of viewers the graphic, especially ones who ignore the dodgy Y axis increments, shows that the bulk of the recovery had been secured before the 2011 election and that the economy had effectively flat lined for the first two years of Fine Gael and Labour’s time in office.

Try searching for the 2002 and 2007 Fine Gael manifestos on the party’s website – you won’t find them. Neither will you find the many statements from Fine Gael spokespeople urging more spending after every Budget. The reality that both campaign platforms, plus the party statements promised to spend more and tax less than the Fianna Fáil alternatives does not sit well with the new Fine Gael legend.

Where Fine Gael is all narrative and no facts – Fianna Fáil has the opposite problem, it is all facts and precious little narrative. Up to the appearance of Brian Cowen and Bertie Ahern before the Banking Inquiry Fianna Fáil spokespeople seemed singularly unwilling to talk about the years leading up to the 2011 election. It seemed that they, like Fine Gael, thought that talking about the period 2002 – 2011 could only damage the party – but as Cowen and Ahern showed, setting the record straight and speaking candidly about what actually happened does not undermine Fianna Fáil.

Cowen and Ahern’s able and informed testimony at the Banking Inquiry showed that the Governments they led were neither reckless nor directionless. Yes, they made mistakes, but as they proved by their command of the facts and the details they did have a plan and were, in the teeth of a global financial crisis, making the best decisions they could on the basis of the facts and information before them. Their assured solo appearances contrasted with Enda’s assisted one, where he did the general patter and handed over to Richard Bruton when the questions become difficult.

The big fallout from the Banking Inquiry is not damaging Fianna Fáil the way Fine Gael’s strategists planned it would. They were full sure that parading the old familiar Fianna Fáil faces before the committee to be questioned and pilloried would re-ignite the public anger and ire of the 2011 election. Why else delay the hearings until the final run up to the election.

But they were wrong. While Fianna Fáil is hardly soaring in the polls, its support has been creeping up painfully slowly, just while the support levels for Fine Gael’s preferred enemy: Sinn Féin, have been slipping steadily downwards.

Hence the need for Fine Gael and for Enda is up the ante on the faux narrative and hype up the legend of Enda of the West complete, to return to the western movie motif, with the good guy white hats they have fabricated for themselves.

The problem is that life and politics today is much more questioning and techni-coloured now than it was in the days of the black and white western – no matter how exciting the story sounds.

I wrote this piece for the Slugger O’Toole website