Can a Hard Border Break the Good Friday Agreement?

The Good Friday Agreement (GFA), also known as the Belfast Agreement, is a landmark peace deal that brought an end to over three decades of conflict in Northern Ireland. One of its key tenets is the non-establishment of a physical border on the island of Ireland, a principle that has been the subject of much debate in recent years as the UK prepares to leave the European Union. This article explores whether the creation of a hard border between Northern Ireland and the Republic of Ireland would indeed break the GFA.

Understanding the Good Friday Agreement

The GFA, signed in 1998, is a complex and multi-faceted agreement that aims to ensure peace and stability in Northern Ireland, while also addressing the constitutional status of the region. One of its key provisions is the commitment to not introduce a physical border on the island of Ireland. This is significant as Northern Ireland remains part of the United Kingdom (UK), a fact that is reaffirmed in the agreement.

Can a Hard Border Breach the GFA?

There is a common misconception that the GFA prohibits any form of border control between Northern Ireland and the Republic of Ireland. However, this interpretation is flawed. The GFA does not explicitly discuss the nature of customs controls at the border. Instead, it emphasizes the desire to maintain a practical and non-physical approach to border management.

It is important to note that the GFA confirms that Northern Ireland's place as part of the UK is irrefutable. Therefore, any measures discussed in the agreement between Northern Ireland and the Republic of Ireland should apply equally if implemented between Northern Ireland and the Irish Sea. Certain areas, such as the environment, transport, health, tourism, and education, are considered "areas of cooperation" where policies are to be coordinated.

Interpreting the GFA's Provisions

The GFA is clear that Northern Ireland's status as part of the UK is based on the wishes of the majority of its people. The agreement states that while a majority of people in Ireland wish for a united Ireland, Northern Ireland's current status is a reflection of the wishes of its residents and should not be changed without their consent.

Historical Context: EU and Northern Ireland Protocol

The Northern Ireland Protocol, introduced as part of the Brexit agreement, aims to prevent a hard border within the island of Ireland. However, it has faced criticism and legal challenges. In January 2021, the EU issued a legal order requiring Ireland to erect a hard border. Although this order was later rescinded, it highlights the tensions surrounding the interpretation of the GFA.

The EU invoked Article 16 of the Northern Ireland Protocol, which it was entitled to do but in the process broke the requirements set out in Annex 7, covering notification, consultation, and timescales. It was the EU, not Ireland, that broke the Northern Ireland Protocol as it is not a party to the agreement.

Conclusion

While the GFA does not explicitly prohibit a visible North-South customs border, the agreement is silent on the specifics of such border controls. The key issue is creating a situation where the border is needed due to customs or other regulatory measures. The GFA does not prohibit this, but it also does not mandate it. The agreement's focus is on preserving the status quo and preventing a hard border.

Therefore, the creation of a hard border between Northern Ireland and the Republic of Ireland would not inherently break the GFA. However, it is essential to follow the principles and cooperative spirit established in the agreement to ensure a peaceful and stable future for the region.