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SINN FÉIN WANTS a referendum on a United Ireland, after 56% of voters in the North opted to remain in the European Union yesterday, despite the eventual Leave victory.
Party leader Gerry Adams said this morning there was a “democratic imperative” to hold the referendum, but went further than that during a press conference in Belfast, claiming Taoiseach Enda Kenny had a “constitutional imperative to promote Irish unity”.
Does he?
(Remember, if you hear a big claim you’re not sure about, email factcheck@thejournal.ie)
Claim: There is a constitutional imperative on the Taoiseach to promote Irish unity – Gerry Adams
Verdict: FALSE
What was said
At a press conference this morning, the Taoiseach told reporters:
There are much more serious issues [than a referendum on reunification] to deal with in the immediate term, and that’s where our focus is.
When this was put to Gerry Adams this afternoon, at a press conference in Stormont, he responded:
There’s a constitutional imperative on the Taoiseach to promote Irish unity. That’s part of his office.
You can watch his comments here – the relevant section starts at 8.11.
There is nothing in the Irish Constitution that explicitly says the Taoiseach is required or obliged to promote the cause of a United Ireland, or that this is one of the functions or duties of the office of Taoiseach.
David Kenny, an expert in the Irish constitution and assistant professor of law at Trinity College Dublin, told us:
The idea that it’s part of the Taoiseach’s office…there’s no part of the Constitution referring to the Taoiseach that suggests that.
(You can read the Constitution in full, here).
But is there anything in there to imply or suggest, albeit not in the exact terms used by Gerry Adams, that our head of government has a “constitutional imperative” to work towards a United Ireland?
We asked Sinn Féin for evidence and a source to support the claim, and a spokesperson for Adams told us:
In keeping with Article 3.1 of Constitution, passed by referendum as part of the Good Friday Agreement, the State declares its aspiration to see a united Ireland, it being ‘the firm will of the Irish nation, in harmony and friendship, to unite all the people who share the territory of the island of Ireland…’.
The Taoiseach, as head of State, should act as a persuader for Irish unity, and work to see the express aspiration of unity achieved.
(A brief aside: Ireland’s head of state is the president. The Taoiseach is the head of government).
Articles 3.1 and 3.2 were added to the Constitution in 1998, replacing the old Article 3 after the 19th Amendment referendum which essentially ratified the Good Friday Agreement.
The original 1939 Constitution contained these two articles:
Kenny explained:
The original text of the Constitution contained what the courts described as a “claim of right” over the entire territory of the island of Ireland.
You could say that, on some level, because it was a claim of right, the Constitution supposed that the government should be actively endeavouring to pursue that.
However, Articles 2 and 3 were removed in 1998, and replaced with what Kenny called “an aspirational provision”.
Article 3.1, for example, declares the “firm will” of the Irish people to bring about a United Ireland.
What you could say, that would potentially be accurate, is that the Constitution affirms that it is an aspiration of the people of Ireland to do this [reunify].
However, he added:
The idea that that puts a duty on anyone to behave in any particular way, that would, let’s say, be contrary to their judgment …I would definitely reject that.
Dr Eoin Daly, a law lecturer at NUI Galway and constitutional expert, told TheJournal.ie:
At most [Article 3] expresses a vague, watered-down aspiration towards political unification with Northern Ireland, and it can’t really be interpreted as placing any specific legal or constitutional ‘duties’ on anybody to do anything in particular to bring Irish unification about.
It might be a political duty, but it is not a ‘constitutional’ one in any meaningful sense.
What do the courts say?
In 1990, two Unionist activists and brothers, Christopher and Michael McGimpsey, had a case heard in the Supreme Court, arguing that the 1985 Anglo-Irish Agreement violated sections of the Irish Constitution, including Articles 2 and 3.
In his decision, Chief Justice Thomas Finlay stated (among many other findings), that Articles 2 and 3 meant that:
The re-integration of the national territory is a constitutional imperative.
This finding would appear to offer some support for the idea that a constitutional imperative towards a United Ireland exists, even if it does not specifically apply to the Taoiseach.
However, it was an interpretation of Articles 2 and 3 as they stood at the time, eight years before they were replaced.
“It’s not a plausible claim after the Belfast Agreement,” David Kenny explained.
Whatever you might have said under McGimpsey is not applicable to the current text.
Firstly, there is nothing in the text of the Constitution that explicitly states what Gerry Adams claimed this afternoon – that the Taoiseach is obliged by the Constitution, and the duties of his office, to pursue a United Ireland.
Secondly, there is nothing in Articles 2 or 3 which could reasonably be interpreted as placing the head of government under that obligation, according to the constitutional experts consulted by TheJournal.ie.
Thirdly, a 1990 Supreme Court decision which found a “constitutional imperative” did exist no longer stands, because the articles it was interpreting have since changed.
Sinn Féin, and potentially many others, may argue the Taoiseach has a moral, political, or patriotic imperative to work towards a United Ireland.
But the claim that he is under a constitutional obligation to do this, or that it’s part of the duties of his office, is wrong.
We rate this claim FALSE.
Send your FactCheck requests to factcheck@thejournal.ie
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Not good really. Surprised at TCD. Just academic backclapping. They would do better to give free education to academically bright people who cannot afford it…. even one person.
@Paul A Whelan: Couldn’t agree with you more Paul.
@Paul A Whelan: they do a form of this already http://www.thejournal.ie/trinity-access-programme-graduate-2827733-Dec2016/
@Jen M: Dont say that it spoils their narrative. Thr truth comes second to a good old class rant
Why?
@neilo: None available the boys are partying in them or I mean they are homeless shelters.
@neilo: I only asked a simple question, why? Do you have the answer neilo?
@neilo: not like you to apologise, that’s a first.
@Benking23: new profile already restricted? Poor pet
The Clinton Foundation is shrouded in controversy, even our own ‘he who cannot be named’ is a major donor to this ‘charity’. Her husband was impeached, the first US president to be so since Andrew Johnson in 1868 (Nixon resigned during impeachment proceedings against him in 1974). They are a toxic duo and I cannot fathom why she was rewarded by Trinners.
@Frank Cauldhame: if only it had been investigated
@Dave O Keeffe: Investigated properly by someone with no connections to the parties involved, I totally agree.
@Niall Quinlan: you’d think the new administration would have been right on top of that given the campaign promise to do so
Really annoys me when she’s trying to take credit for Trump reversing his decision on the immigration issue when it was obvious it was a scare tactic by him to deter immigrants entering the USA. Hillary is just another incompetent failed politician who should not be given a public platform to speak.
@Adrian: Imprisoning 2500 kids after separating them from their parents is a scare tactic?
Your moral compass is wrecked lad
@Pearse Mc Mullen: you really need to try to understand news stories better. Don’t believe the political spin on the first break of a story.
@Adrian: o didn’t see her trying to take credit. When did she do that?
@Adrian: her and her husband made a significant contribution to achieving peace on this island. I think that entitles her to speak in trinners or anywhere else.
@Adrian: I seem to also recall her banging on about nobody questioning the outcome of the election during her campaign, whatever ppl say about how she won the public vote they both knew well how the presidency is decided just like most Americans should. Now all she can do is rile up more folks about Trump, She is a warmonger and a hypocrite and America’s Tony Blair. These kinds of ppl are not democrats.
@Adrian: Ageeed !!! Herself and the WARMONGER HUSBAND who is beyond redemption
First ang sang, now Hilary, why?
We must really love our warmongers.
@saitek: Trinity Leftest? Hillary Clinton is further to the right than Theresa May ffs.
Why? Is this a consolation prize for losing to Trump or just yet another veiled Trump protest? Either way – thought Trinity would be above that.
Clinton an out and out warmonger. Had she been elected there would be no one making a comment here. Most of the world would be obliterated by now.
@Dave Doyle: Voted in favour of invading Iraq. All you need to know….
@Daniel Donovan: in her election speeches, she wanted to go to war with most of the middle east.
@Dave Doyle: yeah right
Rumour has it that the people who organised the protest have already “committed suicide” after a short depression ;). Such is the usual fate of anyone in the way of the Clintons….
@D_Murph: ah yeah, suicide jokes, you stay classy kid.
@Dave O Keeffe: it’s not a joke. There’s a long list of people who conveniently killed themselves before they had a chance to testify against them in the past. Look it up.
@D_Murph: so the organiser of the protest really is dead? No, you were making a joke about suicide based on a conspiracy theory. You were called out on it and are now you claim you meant it to be taken as fact. Stay classy
@D_Murph: think about it for a moment. The President absolutely despises her and got elected chanting “lock her up..lock her up”. Do you not think if there was a scintilla of truth in what you said that he would have been all over this and had the AG put her on trial for it. The only “proof” for it can be found only in the darkest corners of the internet.
@Dave O Keeffe: Let me reiterate. I have no intention of mocking suicide victims. Just Hillary.
Also, oooh, I’m so scared of you “calling me out” like the big man you think you are. Behind your keyboard or phone etc that is lol.
Now run along and find something else to be offended by…..
@Diaspora’d: I’m sure he would but it’s not like others wouldn’t have tried either. It’s not what you know but what you can prove that works in cases like this. Too much smoke to have no fire though.
@D_Murph That’s the point there is no evidence or proof. The Republicans appointed a special federal investigator Ken Starr to investigate the Clintons for the whitewater and the Vince Foster suicide. It went on for nearly 4 years and didn’t come up with any proof on that matter however it did end up getting Bill for perjury about Monica Lewinsky, who by the way didn’t conveniently disappear.
@Diaspora’d: They covered their tracks well when it mattered and the one who gave him a BJ got through. Priorities….
@D_Murph: ..and the Lewinsky affair, probably the most embarrassing lasting legacy of his Presidency wasn’t a priority? I don’t buy your logic.
@D_Murph: dies someone not understand the difference between being called out and having their bs called out? Poor little snowflake.
@Dave O Keeffe: Are you still here? Still don’t realise I don’t give a shite what you think, do you? BTW, it’s “does”, not “dies”, lol. My opinion still stands no matter how many spastics like you think otherwise.
@D_Murph: well, at least now you’ve changed from declaring facts to staring opinion. The personal insults are a lovely touch though I must admit. They show who you really are
@Dave O Keeffe: you started it with the snowflake comment but I guess you’re too thick to understand that it works both ways.
@D_Murph: you’re so fragile. It’s hilarious. “You started it” what are you? 5?
@Dave O Keeffe: You’re so stupid, it’s hilarious.
I made a comment on here and you repeatedly made insulting comments trying to rubbish my post. I tried to explain it to you in a civil manner and you persisted with more of the same and when I eventually insulted you back, (not before it was due either), you try to make me look like I’m the childish one? Hahahaha unreal!!
Furthermore, you have repeatedly said that you have analysed the kind of person I am etc and it’s clear that you don’t like me but it’s 2 days since I originally posted and here you are still unable to drag yourself away from this conversation with me. You seriously need to get a life!
I didn`t realise she was that small, Little Poison Dwarf..
@Pearse Mc Mullen: fake account
What’s even more nauseating is Mary Robinson’s sycophantic fawning.
She head hunts gaddafi to death which leads to the complete destabilizing of Middle East.that area has always needed a dictator to control the area from saddam Hussein to gaddafi,now that both of them are gone it’s a complete war land with innocent people slaughtered and millions of people getting on boats that are ending up in Europe,what a disaster she has been and a disgrace trinity are honouring her
Ahhh give her a break….. She’s a lot saner than what’s in the Whitehouse at the moment….
@Sean Leonard: Is she though?
@Sean Leonard: She was adamant about a war with Russia just in case you forgot.
@Sean Leonard: wouldn’t agree with you on that. She’s a whole lot of crazy.
@Jackie Carvill Caruana: nuts! watch her clip about Ghadaffi “we came we saw he died” followed by a witch like cackle! D fact is dat Libya is 100 times worse than when Ghadaffi was in power because of her actions, and I truly would doubt it plays on her conscience as she I don’t think she has 1!
@Vote4Pedro: “watch her clip about Ghadaffi…” And Trump admin officials have cited this “Libya model” in respect of other countries, what’s your point?
@Thomas McGuire: why is everything a comparison. Can’t she just be a terrible human being on her own. Why is everything “they did it first” and “they are worse”. Can’t people and policies just be judged by their own merit or lack thereof.
@Vote4Pedro:
Because of her there are currently open African slave markets in Libya, where Children, Women, & Men are sold to the highest bidder, nice job Trinity.
@Thomas McGuire: the Libya model which Bolton was referring to was in fact a reference to the way Gaddafi gave up his nuclear ambitions for investment and access to western markets. It was not a reference to the eventual bombing and murder of Gaddafi. It was Trump who conflated the two issues.
@Thomas McGuire: I’m sorry but how is this thread anything to do with Trump. But while ur at it u acknowledge that the operation she implemented in Libya was the mother of all disasters?
@Sean Leonard: Someone who cackled “we came, we saw, he died” at the death of Gaddafi is more sane than Trump?
Why is the Republic of Ireland catering to this dreadful individual? She should be booted out, imo. Disgusted.
@Declan Carroll: Should we have booted her out during the peace process? Eaten bread is soon forgotten.
What contributions has she made exactly? A power hungry warmonger
It’s like Obama getting the Nobel peace prize based on promises. Educational institutions are so moronic when it comes to this kind of thing.
Does anybody in Trinity know how to use a search engine?!!
Crooked Hillary – the woman who laughed at getting a rap-ist of a twelve year old off jail time because otherwise it would be a miscarriage of justice…Some champion of women…
@Dumb as a Rock Mika: ya poor thing. Do a proper search on that famous laugh.
@Dumb as a Rock Mika: Very apt name. She was his lawyer and doing her job. It requires a higher moral understanding than you can handle it appears
@Mark Murphy: I’ve listened to the recording. I suggest you do too before you act as an apologist…Disgusting woman…
@Kal Ipers: Kal, my point relates to her been recorded laughing about the case, even though she implies she knew he was guilty.
You should read a point before you start questioning people’s morals, Kal…
@Kal Ipers: I’ll call you Half-Wit Kal from now on…
@Dumb as a Rock…..you really know how to live down to your name…idiot
how is it that people can loathe trump so much that such actions by this woman are brushed aside so easily. There’s a twisted obsession by alot of Irish people with the Clintons, wud i be rite in saying horny bill got an honorary doctorate from nui Galway recently? Both colleges should be investigated as to whether those making such decisions are mentally capable. Not a great example to be setting for impressionable students.
@Kal Ipers: Lawyering doesn’t require anything approaching moral understanding.
Fair dues to those hecklers
Ffs
An absolute disgrace!
Killary Clinton even worse than Trump
Ridiculas
@@mdmak33: love your spelling. Was it delibrate?
no wonder why trinity knocked out of 100, crooked hillary might as well collect all she can now, as she will be in an orange jumpsuit soon
@Karen Ryan: 1 can dream Karen
WTF are they thinking?
People talk about the northern Ireland peace process as if this somehow absolves the clintons of the massive harm they have created in the world. a few dozen lives saved in northern Ireland compared with hundreds of thousands of lives lost worldwide and counting and misery for decades to come. a bit like Joseph Stalin given forgiveness because he gave a beggar a sandwich.
Go on hillary ya good thing. Fair play to her I say anyhow.
@Mark Murphy: Get a life shes a war criminal
@Kevin Cashin: I wouldn’t pay attention to Moron Mike…he’s brainwashed, the poor chap…
@Mark Murphy: Obviously you’re a Troll.
Some have short memories. She and Bill were instrumental in the peace process in Northern Ireland. Up to then most AMerican pols took their lead from Britain.
@Brendan Walsh: Yawwwwn
@Brendan Walsh: very true, her and Bill did an awful lot to help the peace process along. Some of the tin foil hat kids here are to young for that bit of history.
@angryDuck: so the fact that they helped the peace process here in your eyes gives them a free pass on everything horrible they have done?
@angryDuck: Your use of the “tin foil hat” pejorative shows you have nothing approaching a cogent argument.
They wear colourful gowns for honorary degree ceremonies – more appealing than the suits and dark glasses of the personal bodyguards.
Time Hillary 2 go away her stupid book what happened blamed everyone but herself for her loss FBI didnt tell her to bleach bit her emails smash phones destroy laptops have a private server in her house with classified info which IG report says was hacked russians didnt tell anyone to vote TRUMP she list bcause she wasnt a good canidate was out of touch with people outside Washinton why not give this award to someone who deserves it She wont go down in history for bringing peace to NOKO hopefully TRUMP will
@Evelyn Boylan: FFS please use punctuation. You come across as illiterate and let the side down.
Well yeah, she’s an American politician. I’d consider them all warmongers. Most of the country seems fine with America going to war, they’ve been brainwashed into believing its necessary for their way of life. In reality its just good money for those in the right places.
Ireland has stopped to a new low awarding a war monger and the one who distroyed lybia , Iraq with lies . They should have awarded her for being the biggest lier and getting away with it award ..I’m ashamed to be Irish .
@Car O Line: I’m ashamed of all the Irish people hurling ignorant abuse at a visiting democrat who has always been a friend to our country and who worked so hard for peace here.
Jez, the comments section on the journal has gone full psyco tin foil hat bat sh! t crazy.
@angryDuck: There you go again with your name-calling. The dirty legacy of the Clintons is all well documented. No conspiracy theories needed. That you choose to ignore it speaks volumes as to the type of person you are.
@Tom Sullivan: When a person who invested a huge amount of time and effort into helping secure peace in our country comes to visit you hurl abuse at her. What type of person does that make you?
Good God. Another honorary degree for Hillary? What were they thinking?? This woman collects a degree and/or award approximately every other week. Events like this one are scheduled for her as routinely as appointments with her hairdresser. Ireland needs to realize that she is a silver-tongued crook. Her crimes go back over forty years. We in the United States are done with her, except insofar as she can be prosecuted. And that day will come.
@Fran Ponick: It’s funny that a right ring Trump supporter from America agrees with the loony left in Ireland. All populists spout the same spurious rubbish.
@Will J. Browne: I think you meant right WING … Also, please see https://rationalwiki.org/wiki/Populism for notable right- AND left-wing populists, including Daniel O’Connell. Finally, if you are not a populist, what are you? An elitist? Thanks for sharing!
@Will J. Browne: Oh, I forgot to mention. I’m not from America. I live there. I was born in Dublin a very long time ago. Had to leave because the “elitists” kept power, money, and anything useful (including jobs) for themselves and their minions. Their genius heirs recently invented Project Ireland 2040. Meanwhile, they starve homeless citizens (12,000+ and counting) while feeding and housing imported aliens. So yeah, I’m a populist.
@Fran Ponick: I’m not a populist. I’m a democrat like Hilary Clinton and unlike Donald Trump or whatever populist muckraker you’re getting your fake news and paranoid conspiracy theories from.
@Will J. Browne: Ad hominem, anyone? Sorry, doesn’t work with me, nor, I see, with others to whom you’ve responded. Shaming’s not a useful tool either (“What type of person does that make you?”). Interest fades in the face of insult; conversation dies before it starts. Bye.
@Fran Ponick: Is calling someone a “silver tongued crook” and slanderously accusating them of unspecified crimes not an ad hominem attack? You’re a typical populist: you attack the person, not the argument, but you cry foul if anyone calls you out on it.
She should be in prison instead of receiving fake degrees.
@Herr Wolf: It’s lucky for us we didn’t adopt your ignorant attitude during the peace process.
Is there any reporting in the Irish Times about the protests?
It shows how the hard left and the hard right have more in common with each other than they do with anyone else. They both hate anyone in the center.
Big thanks to the Journal.ie and Paul Hosford for having the courage to cover this story. Because the rest of Official Ireland – RTE, TCD, The Irish Times, and even Mary Robinson who keeps preaching about human rights – all seem to be extremely complicit in white washing the crimes of Hillary Clinton, Wall street warmongering puppet that she is.
Big thanks to the Journal.ie and Paul Hosford for having the courage to cover this story. Because the rest of Official Ireland – RTE, TCD, The Irish Times, and even Mary Robinson who keeps preaching about human rights – all seem to be extremely complicit in white washing the crimes of Hillary Clinton, Wall street warmongering puppet that she is.
The 5 remaining Clinton fanatics are having nervous breakdowns here today it’s quite refressjing p.s feel free to point out spelling errors lol
Nazis
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