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NOT ALLOWING CITIZENS from the Republic of Ireland to take up jobs in the Northern Ireland civil service was illegal, the Social Democratic and Labour Party (SDLP) warned in 2004.
During a review of the Good Friday Agreement over 20 years ago, the SDLP sought legal advice on the issue.
In a letter to then-Minister of Foreign Affairs Brian Cowen on 7 January 2004, SDLP MLA Sean Farren noted that he sought legal advice on the matter while he was Minister for Finance and Personnel.
At the time, a number of Irish people had been barred from applying for senior jobs in civil service departments due to their nationality.
The legal advice, from the NI civil service’s own legal advisors, “unambiguously concluded that the exclusion of southern nationals was illegal”, Farren wrote.
“Despite this, Irish nationals continue to be excluded by the direct rule administration.”
In the letter, he told Cowen: “The reality is that the civil service is operating an illegal “no Irish need apply” policy which runs contrary to the Good Friday Agreement.
“It is also a nonsense when Irish citizens such as myself and Brid Rodgers were able to serve as Ministers.”
Farren said he had raised the issue with numerous politicians – including then-British Prime Minister Tony Blair and then-Secretary of State for Northern Ireland Paul Murphy – “all to no avail”.
“We have merely been told that new legislation will reform the nationality laws. However, the British Government does not appear to be giving any priority whatsoever to doing-this.
In any event, Irish nationals should not have to wait. Their exclusion is illegal – and should be dropped straight away.
Farren asked Cowen if he could raise the matter at an upcoming meeting of the British Irish Intergovernmental Conference. The issue was indeed discussed at a BIIGC meeting in Farmleigh in Dublin on 22 January 2004.
A previously confidential memo discussing talking points ahead of the meeting notes: “The question of the admission of sole Irish citizens to public service posts in the Northern Ireland civil service has been an issue of concern for many years.”
The document also states that, since the Good Friday Agreement, the SDLP had been “pressing the British Government to introduce legislation in Westminster to allow Irish citizens to join the Northern Ireland Civil Service at senior grades”.
The file notes that legislation to deal with the issue “was blocked by the Conservatives and ran out of parliamentary time”.
The Bill was reintroduced but was “likely to again be blocked… by the Conservatives”.
The document states that recent statistics showed that, out of a total of 51 senior civil servants appointed in Northern Ireland from April 2000 to March 2003, 35 were of Protestant background and 13 were from the Catholic community, “representing an unbalanced ratio between the two communities (approx. 1 in 4)”.
“If eligibility was widened to include sole Irish citizens, this could help to redress the community imbalance,” the memo adds.
A ruling in the High Court in Belfast in November 1996 paved the way for citizens of the Republic to be eligible to apply for more jobs in the Northern Ireland civil service.
As reported by the Irish Times, Mr Justice Girvan found that the Civil Service Commission discriminated against three women and a man, all citizens of the Republic, by declaring them ineligible for appointment to posts in the public service on the grounds of their nationality.
The issue was addressed as part of the Good Friday Agreement, but incidents of people being excluded from certain roles were still reported in subsequent years. Eventually, the issue was resolved and sole Irish citizens were (and still are) allowed to apply for jobs in the North’s civil service.
In general, State Papers – official documents from Government departments and the President’s Office – are declassified and released to the public 30 years after the fact.
However, some records are released before or after that timeframe for various reasons. For example, records related to the peace process in Northern Ireland are now typically released after 20 years.
State Papers reference number: 2024/112/15
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A pity he doesn’t sort out the chaotic mess that’s CUH in his own backyard, instead of traveling to northern Ireland
@K O: As Minister of Foreign Affairs travel such as this is a requirement of the job. There may be things to whine about in relation to Micheal Martin but complaining that he is doing his job is a new one.
Cant make it up, these lads continually slate sinn fein.
Yet they are happy to sit with them concerning the north. You can’t have stormont restoration
Without them. Bet he doesnt shout down michelle when others are watching. It’s all hand shakes and smiles.
Yet people believe his rhetoric.
@Colette Byrne: It is valid to differ with SF regarding its iffy economic policies while working alongside it towards a peaceful united Ireland.
@Colette Byrne: SF are Nationalists much like UKIP and so on. I go with Einstein’s opinion on Nationalists.
Hope they don’t use the bike shed contractors for this 1….
@Padraig Devaney: what about the electrion voting machine’s?
Between purchase and storage cost the taxpayer €54 million,then they were sold for NINE EUROS PER UNIT .
He an international high flyer, opinions on everything and no solution.
FF has made persistent effort and input into stable relationships with all who live on the island of Ireland.
@thomas molloy: FF the party of great relationships for sure, literally jumped into bed with bankers and developers and took this country to the brink in 2006 and then denied we ever bailed out said banks?
@thomas molloy: Let’s hope that we will have intelligent comment and discussion on the matter at hand rather than immature electioneering bl bl bla
@thomas molloy: you’re joking Right ?
@jak: The minute you mention your rear end Martin you are losing the argument.
@jak: It’s what you are talking through.
@Tom Newell:
Shin Fein voted on that night with the goverkment to Bale out the Bankers
Only Labour vote no to the Bale out.
“With the return of the institutions in Northern Ireland, and a renewed commitment to partnership from the British government, this is hugely important occasion to reflect on how far we have come and to drive forward the important work ahead.”
How can this important work be turned into petty electioneering bitchingg by anyone.
@thomas molloy: Can’t the so called “opposition PR departments” not see that petty electioneering is loosing the votes big time.
@thomas molloy: Will he mention, you know, the thing that he and his party dare not mention? Because we’ve had over 100 years of FF and FG saying it’s not the right time? Because we don’t want to upset the unionists? It’s time we created a new Ireland for everyone.
@Anthony Curran: The crux of the matter is that ‘we’ means different things to different people. Your concept of ‘we’ may not be the same as someone else’s.
@thomas molloy: how can you support a man who stood over one of the biggest scandals in this country, organ retention.
They stole from man, woman, and child. He stands in the dail, shouting and making slurs at sinn fein constantly, and other members of his party.
Yet you are saying what a great leader he is. Mary lou is the leader of the very party he is now going to pick the boots of.
Twofaced comes to mind.
No, he is not electionteering at all.
@Colette Byrne: lick
@Colette Byrne: How can you promote a party that is the political wing of an organisation that within living memory blew men, women and children to smithereens. I suppose that is excusable because it was all for the “cause”.
@Vincent Alexander: Did your parents or grandparents vote for the civil war parties of FF and FG, parties who murdered men, women and children?
@thomas molloy: That ship sailed a while ago!
@Vincent Alexander: The British government shot innocent people on the streets (bloody Sunday), and colluded with killers to murder people suspected of crimes. Are you suggesting that nobody talks to the British government?
@Anthony Curran:
See good Friday agreement for details.
@H Woo: Is that what your bot manual says?
A shyster who couldn’t tell the truth, even if his life depended on it!
He will yeah
@Brian Hunt. I presume you are referring to the Tainiste. I worked with Hillary in the UK and found him to be basically sound!
@Padraig O’Brien: No, I meant Mehole. Don’t know much about Hillary, but his father Tony Benn was much in the news. Didn’t like his politics much but he came across as a man of decency and integrity!
@Brian Hunt:
The great socialist who used expert financel advice to minimise inheritance taxes on the transfer of his wealth to his children.
@H Woo: That’s not a hanging offence, you’d probably do the same for your children!
have your say