Constitutionality of Article 1
Dukes asked whether the Taoiseach had obtained further legal advice on Article 1. The Taoiseach said he had not seen the previous Government’s advice and acknowledged that lawyers disagree on whether Article 1 conflicts with Articles 2 and 3 of the Constitution.
Might I ask the Taoiseach if, since taking office, he has sought any further advice on his stated reservations in relation to the constitutionality of Article 1 and, if so, what has been the content of that advice?
Comment on this
Before replying may I congratulate the Deputy on his elevation to the position of leadership of the Fine Gael Party. May I wish him many long, happy and constructive years in that post. The position in regard to this matter is fairly well known, or rather the respective positions, are fairly well understood. It is our view — a view shared by quite a number of people, lawyers and others — that Article 1 of the Anglo-Irish Accord cannot negative Articles 2 and 3 of the Irish Constitution in so far as they relate to the national territory. I know that the Deputy's party and the outgoing administration were of the view that there was no conflict between Article 1 of the accord and Articles 2 and 3 of the Constitution. These are the respective positions. They are both held with equal conviction, and there the matter must remain.
Comment on this
I thank the Taoiseach for his good wishes. I concur heartily with his wish that I may have many long, fruitful and constructive years as Leader of the Fine Gael Party. Where exactly that might be situated is another matter, but to come back to the question: is it not the case that the Taoiseach, since taking office, is in a position to have access to perhaps rather more advice on constitutional questions than he might have had when he occupied this position and, that being so, has he not sought such advice, and if he has, what has been the import of it?
Comment on this
The Deputy will know that the advice which was available to me when I occupied that position is still available to me. Nothing further can be said about the respective interpretations of the constitutional position. I am not aware of anything that the law officers may have advised the previous Government in this connection. I have had no access as yet to the particular advice the previous law officer gave to the Government about this matter. In any event, it is something about which constitutional lawyers can have differing opinions.
Comment on this
——that this is an aspect of the Agreement to which the Taoiseach will not any longer refer in public?
Comment on this
There is a body of legal opinion which agrees with me, that Article 1 of the Anglo-Irish Accord does not accord with Articles 2 and 3 of the Constitution, but I accept that there are other constitutional lawyers who do not see any conflict between Article 1 of the Anglo-Irish Agreement and Articles 2 and 3 of the Constitution. I accept that the previous administration have been advised to that effect.