header-logo header-logo

05 January 2018 / Michael L Nash
Issue: 7775 / Categories: Features , Brexit , Constitutional law
printer mail-detail

Goodbye, hello: an Irish option?

Michael L Nash explores Ireland’s departure from, & possible return to, the Commonwealth

Crises always create opportunities, and the Irish question at the moment, having reached a critical phase, presents just such an opportunity. As Brexit signals one exit, so it may herald another entrance, or re-entrance, of Southern Ireland to the Commonwealth, rising phoenix-like from the ashes of distrust and dispute.

Common history

Membership of any organisation always presents advantages and possibly some disadvantages, as the referendum on membership of the EU shows only too clearly. Membership of the Commonwealth presented just the very same faces to the emerging Irish state between 1920 and 1950, and having been granted Dominion status, it eventually left the Commonwealth under partly unexplained circumstances in 1949.

The Government of Ireland Act 1920 effectively divided Ireland into two, and the Articles of Agreement for the creation of the Irish Free State in 1921 were not to apply to Northern Ireland, but this was never meant to be permanent. It seemed to be the solution

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Carey Olsen—Patrick Ormond

Carey Olsen—Patrick Ormond

Partner joinscorporate and finance practice in British Virgin Islands

Dawson Cornwell—Naomi Angell

Dawson Cornwell—Naomi Angell

Firm strengthens children department with adoption and surrogacy expert

Penningtons Manches Cooper—Graham Green

Penningtons Manches Cooper—Graham Green

Media and technology expert joins employment team as partner in Cambridge

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
back-to-top-scroll