scholarly journals Facilitating Cross-Border Criminal Justice Cooperation Between the UK and Ireland After Brexit: ‘Keeping the Lights On’ to Ensure the Safety of the Common Travel Area

2020 ◽  
pp. 002201832097752
Author(s):  
Gemma Davies

Much of the cooperation on criminal justice matters between the United Kingdom and the Republic of Ireland is based on EU level instruments. While there has been consideration of the broader impact of Brexit on the Good Friday Agreement and consensus on the need to avoid a return to a hard border between Ireland and Northern Ireland, more detailed consideration has not been given to the effect that Brexit may have on continued criminal justice cooperation across the border. This article highlights the combined risks that Brexit presents for Northern Ireland in the form of increased criminality at a time when the loss of EU police cooperation mechanisms may result in a reduction of operational capacity and the removal of the legal architecture underpinning informal cooperation. Part 1 seeks to highlight the historical context of UK-Irish cooperation in policing matters. Part 2 explores the risk that post Brexit the Irish border may become a focus for criminal activity. The risks relating to increased immigration crime, smuggling of commodities and potential rise in terrorist activities are explored. Part 3 considers how the risks of increased criminal threats are exacerbated by the loss of EU criminal justice cooperation mechanisms and how this will affect UK-Irish cooperation specifically. Consideration is particularly given to the loss of information sharing systems. Part 4 considers how loss of EU level cooperation mechanisms could be mitigated. The viability of bilateral agreements between the UK and Ireland is considered alongside ways which police cooperation can be formalised to compensate for the potential loss of EU criminal justice information sharing systems. Nordic police cooperation is considered as a potential blueprint for the UK and Ireland.

Significance The agenda was clear: planning for Brexit and the negotiations that will surround it. The extensive economic links between Ireland and the United Kingdom in terms of trade and the movement of people as well as the border between the Republic and Northern Ireland mean that Brexit will have significant economic, social and political implications for Ireland. Impacts Brexit could undermine police cooperation along the Irish border. EU funding for peace and reconciliation, provided through the UK government, may be problematic after Brexit. UK controls on EU immigration could increase flows to Ireland.


2017 ◽  
Vol 52 (3) ◽  
pp. 377-398 ◽  
Author(s):  
John Coakley

This article explores the value of a specific model of norm replacement in accounting for the circumstances leading to Ireland’s Good Friday agreement (1998), which formally and finally settled the long-running territorial dispute between Ireland and the United Kingdom (UK). Drawing on the theoretical literature, it identifies three phases in this process. First, from the creation of the Irish Free State in 1922 until the civil unrest in Northern Ireland peaked in 1972 the irredentist norm was substantially unchallenged. It was embedded in the 1937 constitution, which defined the national territory as extending over the whole island of Ireland – including Northern Ireland, a part of the UK. The second phase, from about 1972 to 1998, was one of norm competition. The irredentist norm was severely challenged by new political realities in Northern Ireland, and was potentially destabilising for the state itself. It was increasingly challenged by an alternative ‘consent’ norm, one embracing in effect the geopolitical status quo. The third phase, from 1998 onwards, was one of consolidation of the new norm, now written into the Irish constitution to replace the wording of 1937. The article suggests that this model plays a valuable role in accounting for the changing status of the Irish border, but also that the Irish experience has implications for the broad shape of the model.


2020 ◽  
pp. 002201832097753
Author(s):  
Gemma Davies ◽  
Paul Arnell

The Republic of Ireland and the United Kingdom have a long, close and difficult history. The most recent phase of which dates from 1998 and the conclusion of the Good Friday Agreement. Since 1921, however, there has been unique practice between Ireland and the UK as regards the transfer of accused and convicted persons from one to the other. Indeed, there has been a special and close relationship between the two in that regard; albeit one not without difficulties. In recent times EU Justice and Home Affairs measures and the Good Friday Agreement have supplemented and strengthened the relationship. These include, since January 2004, the European Arrest Warrant (EAW). The EAW has been particularly important in streamlining the extradition process between the Ireland and the UK. This phase of history and co-operation is coming to an end. The UK’s membership of the EU has now ceased, and a transition period during which the UK remains part of the EAW will end on 31st December 2020. The extradition relationship between the two is therefore facing a considerable challenge. There are several options open to Ireland, the UK and the EU as a replacement. Time, political will and the interests of third states, however, may well stand in the way of the conclusion of an agreement that optimally serves the interests of all parties and criminal justice. This paper considers the origins of extradition between the UK and Ireland and the alternative methods of extradition open to the UK and Ireland after Brexit. Consideration is given to the likely operation of a Norway-Iceland style agreement and whether such an agreement will be in place by the end of the transition and, if it was, whether its terms are likely to be sufficient for the needs of Ireland and the UK. The possibility of a bilateral arrangement on extradition between Ireland and the UK is also explored. Underlying the discussion is the critical point that the future extradition relationship must retain its ‘special’ characteristics, and therefore maintain the trust and good will that has developed over the years and given rise to an effective extradition relationship between the two countries. In other words, the lessons of history must be remembered.


2021 ◽  
pp. 1-15
Author(s):  
Paula Devine ◽  
Grace Kelly ◽  
Martina McAuley

Within the United Kingdom (UK), many of the arguments driving devolution and Brexit focused on equality. This article assesses how notions of equality have been shaped over the past two decades. Using a chronology of theoretical, political and public interpretations of equality between 1998 and 2018, the article highlights the shifting positions of Northern Ireland (NI) and the rest of the UK. NI once led the way in relation to equality legislation, and equality was the cornerstone of the Good Friday/Belfast peace agreement. However, the Equality Act 2010 in Great Britain meant that NI was left behind. The nature of future UK/EU relationships and how these might influence the direction and extent of the equality debate in the UK is unclear. While this article focuses on the UK, the questions that it raises have global application, due to the international influences on equality discourse and legislation.


Author(s):  
Thomas Hennessey

This chapter compares and contrasts the 1973 and 1998 Agreements that, on the face of it, are remarkably similar: both involve power-sharing and an institutional link between Northern Ireland and the Republic of Ireland. The phrase ‘Sunningdale for slow learners’, attributed to Seamus Mallon, masks a misunderstanding of the fundamental differences between the two Agreements. The former Agreement looked to establish a Council of Ireland with executive powers that had the potential to evolve into an embryonic all-Ireland government; the latter Agreement established a consultative North-South Ministerial Council with no executive powers that could not evolve into a united Ireland by incremental moves. This was the key to Unionist acceptance of the Good Friday Agreement (GFA) in comparison to Unionist rejection of the Sunningdale Agreement. In constitutional terms the GFA was a Unionist settlement that secured Northern Ireland’s position within the United Kingdom, recognised British sovereignty in Northern Ireland and established that a united Ireland could only be achieved on the basis of the principle of consent. In contrast the Sunningdale Agreement was, in constitutional terms, a Nationalist settlement that did not recognise Northern Ireland was part of the UK and attempted to bypass the principle of consent by establishing powerful North-South bodies. The chapter argues that the only thing the two Agreements has in common was a power-sharing element for the government of Northern Ireland.


2021 ◽  
pp. 002088172110019
Author(s):  
Katy Hayward

The 1998 Good Friday (Belfast) Agreement that cemented the peace process formalized Northern Ireland’s position as a region integrally connected to both Great Britain and the Republic of Ireland. The multilevel governance and cross-border cooperation this entailed was enabled by common UK and Irish membership of the European Union. The UK’s decision to leave the EU posed risks to this settlement. In response, they engaged in a quest for ‘flexible and imaginative solutions’ to this conundrum. The unique arrangements established through the Protocol on Ireland/Northern Ireland in the UK–EU Withdrawal Agreement (2019) mark an innovative and ambitious development for the EU. First, it de facto includes a region of a non-member state within its internal market for goods and, second, it delegates the enforcement of its rules to that non-member state. The Protocol represents a significant departure for the EU in terms of its typical engagement with external actors. Most significantly, it will not only represent a ‘live’ concern for the EU but a unique type of responsibility.


Author(s):  
O.V. Okhoshin

The article is devoted to the analysis of the interaction of the UK government with the leading regional parties of Northern Ireland to address issues of border regulation and prevention of the negative consequences of Brexit. The aim of the article is to comprehend the official line of T. May’s conservative cabinets to maintain a transparent border between Northern Ireland and the Republic of Ireland established by the Belfast Agreement of 1998, as well as to overcome the political crisis within the Northern Ireland Assembly, which has continued since January 2017. During the negotiation process between London and Brussels interests of Euroskeptics and Eurooptimists clashed in the UK Parliament and Government, which directly influenced the political processes in the regions of the United Kingdom. Disagreements between the DUP and Sinn Fein created additional socio-economic tensions in Northern Ireland, which made the Brexit negotiation process difficult.


Significance The differing perspectives of unionists and nationalists on the creation of Northern Ireland as a political entity within the United Kingdom, together with Brexit and tensions over the Northern Ireland Protocol (NIP), have brought the contentious issue of Irish reunification onto the political agenda in Northern Ireland and the Irish Republic. Impacts Scottish independence would likely increase momentum for a referendum on Irish unity. Successful implementation of the NIP, giving firms access to EU and UK markets, may support arguments for maintaining the status quo. If the UK government abandons the NIP, the adverse trade impact on Northern Irish firms could increase support for unification.


Author(s):  
Trish Walsh ◽  
George Wilson ◽  
Erna O’Connor

Social work has been viewed as one of the most nation-specific of the professions, ‘being closely tied up with national traditions, mentalities and institutions’ (Kornbeck, 2004, p 146). In addition, the political imperatives of national governments, austerity measures and managerialism drive approaches to service delivery which may supersede social work’s professional priorities. This militates against an automatic or easy transfer of professional knowledge from one country to another. In spite of this, there has been an enduring interest in developing international forms of social work that transcend national borders (Gray and Fook, 2004; Lyons et al, 2012). In this chapter, we present a case study of social worker mobility as it has evolved from the establishment of the first national social work registration body in the Republic of Ireland in 1997 with a particular focus on data from 2004-13 capturing the years leading up to, and in the aftermath of, the global financial crisis of 2008. We contrast this with the situation in Northern Ireland (NI), part of the UK and a separate and distinct political and legal entity with its own policies and practices. We draw on statistical and descriptive data provided by Irish social work registration bodies (NSWQB 1997-2011; CORU established in 2011 and NISCC, the Northern Ireland Social Care Council established in 2001) to illustrate (i) how sensitive contemporary mobility patterns are to changing economic and political factors; (ii) how rapidly patterns of mobility change and (iii) how much more mired in complexity European social work mobility is likely to be if the European project itself fractures, as is possible following the Brexit referendum vote in the UK.


2009 ◽  
Vol 6 (2) ◽  
pp. 36-38 ◽  
Author(s):  
Zahid Latif

Ireland is the third largest island in Europe and the twentieth largest island in the world, with an area of 86 576 km2; it has a total population of slightly under 6 million. It lies to the north-west of continental Europe and to the west of Great Britain. The Republic of Ireland covers five-sixths of the island; Northern Ireland, which is part of the United Kingdom, is in the north-east. Twenty-six of the 32 counties are in the Republic of Ireland, which has a population of 4.2 million, and its capital is Dublin. The other six counties are in Northern Ireland, which has a population of 1.75 million, and its capital is Belfast. In 1973 both parts of Ireland joined the European Economic Community. This article looks at psychiatry in the Republic of Ireland.


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