Brexit and Northern Ireland: The Constitutional, Conflict Transformation, Human Rights and Equality Consequences

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RESEARCH CONTEXTN. Ireland is the region of the UK most at risk from Brexit. Like Scotland, a majority voted to remain in the EU. This project is a collaboration between the Law Schools in Queen's University Belfast and Ulster University and the region's principal human rights organisation, the Committee on the Administration of Justice. It is designed to disentangle the legal elements of Brexit with regard to N. Ireland and to communicate the related policy and practice implications in user-friendly formats. The audiences to be addressed include parliamentarians and policymakers in NI, Britain, EU and the ROI, as well as wider civil society. We will focus on two broad and closely inter-connected areas (i) issues related to the constitutional position of N. Ireland and the process of conflict transformation and (ii) questions related to the protection of human rights and equality. One practical lesson gleaned from previous work is that policy development risks irrelevance if prepared in a vacuum that does not take account of legislative realities. To address that need, Greenberg (parliamentary draftsperson consultant) will provide practical legislative advice on all outputs, including discussions on identifying delivery opportunities and obstacles and where necessary, specific legislative provisions. The EU has provided practical, financial and political support as well as essential legal protections for post-conflict N. Ireland. The constitutional arrangements in the Good Friday Agreement assumed common EU membership. Brexit risks arousing tensions around the land border and citizenship that have been moderated by EU membership. More generally, many view departure from the EU as having energised a culture of intolerance and disrespect, seen in the language of 'taking back control' (focused on immigration), and calls to repeal the Human Rights Act. The collapse of the N. Ireland Assembly in Jan 2017 renders the need for user-friendly non-partisan legal and policy advice on complex matters related to N. Ireland and Brexit all the more compelling. AIM & OBJECTIVESThe aim is to provide clear legally informed policy advice with regard to six key challenges. The objectives are:1. To analyse the impact of Brexit on (a) the constitutional position of N. Ireland and the process of conflict transformation and (b) human rights and equality. 2. To review the legal, academic and policy literature.3. To interview legal, political and policy actors in Belfast, London, Dublin and Brussels. 4. To hold 20-30 bilateral meetings across civil society. 5. To co-ordinate 6 town hall meetings.6. To write 6 reports (20p max, with 3p executive brief), detailing the legal, political and legislative implications of Brexit and:- the peace process- North-south relations- border controls and free movement in and between N. Ireland, the Republic and Britain- xenophobia and racism - socio-economic rights (especially employment rights)- wider human rights and equality issues7. To develop an ambitious media strategy8. To develop an online and social media presence9. To share the research at four public events in Belfast, Dublin, London and Brussels10. To produce at least two scholarly outputs POTENTIAL APPLICATION AND BENEFITSThe project will identify the constitutional, legal, human rights and equality aspects of Brexit for N. Ireland, the relevant obligations and the options for going forward. It will provide user-friendly advice on legal and legislative challenges and thus help inform the choices to be made. It will provide clarity on the underpinning assumptions of the Good Friday Agreement with particular reference to equality and human rights. The website will host reports, blogs, and thus provide an essential resource for civil society and policymakers. These insights will be shared through online, print and social media, complemented by conferences in Belfast, London, Dublin and Brussels.