[Sinn Fein]

2 April 1998

Fundamental British constitutional change is essential

Sinn Fein's senior Talks Negotiator Francie Molloy has called tonight in Cork for ``fundamental British constitutional change, including the repeal or amendment of the Act of Union''.

Councillor Molloy pointed out that: ``In recent times there has been a singular focus on proposals to change the Irish Constitution while ignoring key pieces of British Constitutional legislation which must be dealt with as part of any agreement. Fundamental constitutional change is required in relation to all relevant acts and legislation:

These acts represent an aggressive exercise of jurisdiction by the British government in a part of Ireland. In nature and effect they differ entirely from the legitimate, national democratic response to this interference in Irish affairs contained in the Irish constitution''.

Mr. Molloy said ``Presently Irish citizens in the north have no way of participating in the political life of the nation. Citizens who do not wish their representatives to take an Oath of Allegiance to the British Crown have no forum to which their representatives can go.

He also called for nationalists in the north to be able as of right to participate ``in Irish political institutions. Irish citizens in the north should have the right to elect TDs to Leinster House and these representatives should be entitled to participate in all areas of government.

The number of representatives that would have to be elected from the six counties according the constitutionally prescribed ration would be a minimum of 54 and a maximum of 80''.

The full Text of Councillor Molloy's speech:

In a recent article entitled ``A Bridge to the Future'' Sinn Fein President Gerry Adams MP said ``the minimum nationalists want to see is fundamental constitutional and political change in British jurisdiction.''

It is the British governments refusal to recognise Irish national rights which is at the heart of the political divisions in Ireland today. The primary political divisions in Ireland, north and south, and between north and south, result from partition and from the British claims to jurisdiction in Ireland.

The primary aim of Irish republicans is to remove the various unjust British constitutional claims and replace them with a new relationship, a new dispensation which brings the people of the island together in partnership and reconciliation.

For Ireland that must mean the right to independence. This is best summed up in the Proclamation of 1916 where it states: ``We declare the right of the people of Ireland to the ownership of Ireland and to the unfettered control of Irish destinies to be sovereign and indefeasible''.

Sinn Fein is an Irish republican party seeking to advance the broad nationalist objective of an end to British rule in Ireland and the establishment of a 32 county independent Ireland. In Sinn Fein's view the issue of sovereignty, especially British jurisdiction in Ireland, is the key matter which must be addressed in negotiations. The status quo in the north has failed. Partition has failed.

British policy, underpinned by inequality and injustice, has helped sustain division, denied democratic rights and prevented substantive change. The British government must accept its responsibility for this and therefore its responsibility for resolving the conflict.

Sinn Fein has shown our willingness to examine constitutional change and transitional arrangements which are capable of moving us towards the national democratic objective of a united Ireland. In recent times there has been a singular focus on proposals to change the Irish Constitution while ignoring key pieces of British Constitutional legislation which must be dealt with as part of any agreement. Fundamental constitutional change is required in relation to all relevant acts and legislation. The Union with Ireland Act 1800 (Act of Union) The Government of Ireland Act 1920 The N.I. Constitution Act 1973 and any other relevant British legislation

These acts represent an aggressive exercise of jurisdiction by the British government in a part of Ireland. In nature and effect they differ entirely from the legitimate, national democratic response to this interference in Irish affairs contained in the Irish constitution.

If the Irish constitution is to be changed then it must ensure that the definition of the Irish national territory is not diluted and the constitutional imperative remains. And furthermore Irish citizens rights must be strengthened.

Presently Irish citizens in the north have no way of participating in the political life of the nation. Citizens who do not wish their representatives to take an Oath of Allegiance to the British Crown have no forum to which their representatives can go.

An important development from a northern nationalist point of view would be the right of participation in Irish political institutions. Something which could be facilitated through minor amendments to the Irish constitution.

Irish citizens in the north should have the right to elect TDs to Leinster House and these representatives should be entitled to participate in all areas of government.

The number of representatives that would have to be elected from the six counties according the constitutionally prescribed ration would be a minimum of 54 and a maximum of 80. A system of PR elections is already being proposed and this could allow, again with some minor constitutional adjustments, for the representatives of all the people of Ireland to participate on a voluntary basis in the political institutions of the country.

Irish citizens in the north should also have the right to vote in Presidential elections and referenda.

To concede to the demands of British and Irish unionists would leave the British claim of jurisdiction over a part of Ireland unchallenged and would be an acceptance that the Irish nation and territory are limited to 26 counties. Sinn Fein believe that any proposals which bolster partition would mean repeating the failures of the past. There can be no internal settlement. There can be no partitionist arrangement.

For Irish nationalists and republicans the focus in the days ahead must be on securing changes to the British constitution in respect of Ireland. This is a key part of this phase of the peace process and of any agreement. This will obviously present difficulties for all of the participants but we believe that if the political will exists and if we engage honestly and in good faith we can negotiate an agreement. Fundamental constitutional and political change is essential.

Success in agreeing British constitutional changes will lay a solid foundation for the people of Ireland to transcend the divisions and strife of the past into a new and peaceful 21st century.

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