The Constitutional, Conflict Transformation, Human Rights and Equality Implications of Brexit for Northern Ireland, 2017-2019

DOI

The data collected for this project includes 20 semi-structured interviews completed by 2 members of the BrexitLawNI team. Interviews were conducted with people identified by the project team as having expertise on the areas included for the study. These interviews mainly focused on 6 key themes: the peace process, north-south relations, human rights and equality, socio-economic rights, the border and free movement, and racism and xenophobia. The data also included transcriptions of audio recordings of townhall meetings held by the project. At these meetings, representatives from the project discussed the work completed to date and asked for audience question, thoughts about the (potential) impacts of Brexit for Northern Ireland, and any opportunities that may be presented.Research Context: N. Ireland is the region of the UK most at risk from Brexit. Like Scotland, a majority voted to remain in the EU. This project is a collaboration between the Law Schools in Queen's University Belfast and Ulster University and the region's principal human rights organisation, the Committee on the Administration of Justice. It is designed to disentangle the legal elements of Brexit with regard to N. Ireland and to communicate the related policy and practice implications in user-friendly formats. The audiences to be addressed include parliamentarians and policymakers in NI, Britain, EU and the ROI, as well as wider civil society. We will focus on two broad and closely inter-connected areas (i) issues related to the constitutional position of N. Ireland and the process of conflict transformation and (ii) questions related to the protection of human rights and equality. One practical lesson gleaned from previous work is that policy development risks irrelevance if prepared in a vacuum that does not take account of legislative realities. To address that need, Greenberg (parliamentary draftsperson consultant) will provide practical legislative advice on all outputs, including discussions on identifying delivery opportunities and obstacles and where necessary, specific legislative provisions. The EU has provided practical, financial and political support as well as essential legal protections for post-conflict N. Ireland. The constitutional arrangements in the Good Friday Agreement assumed common EU membership. Brexit risks arousing tensions around the land border and citizenship that have been moderated by EU membership. More generally, many view departure from the EU as having energised a culture of intolerance and disrespect, seen in the language of 'taking back control' (focused on immigration), and calls to repeal the Human Rights Act. The collapse of the N. Ireland Assembly in Jan 2017 renders the need for user-friendly non-partisan legal and policy advice on complex matters related to N. Ireland and Brexit all the more compelling. Aim and Objectives: The aim is to provide clear legally informed policy advice with regard to six key challenges. The objectives are: 1) To analyse the impact of Brexit on (a) the constitutional position of N. Ireland and the process of conflict transformation and (b) human rights and equality. 2) To review the legal, academic and policy literature. 3) To interview legal, political and policy actors in Belfast, London, Dublin and Brussels. 4) To hold 20-30 bilateral meetings across civil society. 5) To co-ordinate 6 town hall meetings. 6) To write 6 reports (20p max, with 3p executive brief), detailing the legal, political and legislative implications of Brexit and: a) the peace process b) North-south relations c) border controls and free movement in and between N. Ireland, the Republic and Britain d) xenophobia and racism e) socio-economic rights (especially employment rights) f) wider human rights and equality issues 7) To develop an ambitious media strategy 8) To develop an online and social media presence 9) To share the research at four public events in Belfast, Dublin, London and Brussels 10) To produce at least two scholarly outputs Potential Application and Benefits: The project will identify the constitutional, legal, human rights and equality aspects of Brexit for N. Ireland, the relevant obligations and the options for going forward. It will provide user-friendly advice on legal and legislative challenges and thus help inform the choices to be made. It will provide clarity on the underpinning assumptions of the Good Friday Agreement with particular reference to equality and human rights. The website will host reports, blogs, and thus provide an essential resource for civil society and policymakers. These insights will be shared through online, print and social media, complemented by conferences in Belfast, London, Dublin and Brussels.

As Webley has noted, empirical legal research usually involves ‘observing’ (or ‘getting a feel for’ the object of study), in-depth interviews with relevant actors, and document analysis. Drawing on the research framework and questions, the data collection involved a number of stages. The first phase involved a literature review of legal, academic and policy materials relevant to our research questions. In preparation for the semi-structured interviews we compiled a ‘wish list’ of potential interviewees (many of whom are known to the team). This was crosschecked and added to in the course of consultation. In making our final selection, a ‘purposeful sampling’ methodology was deployed where interviewees were chosen based on a range of professional, policy and political experiences to include a cross section of 20 national and international policymakers, politicians, legal academics, judicial figures and NGO activists using a bespoke research instrument developed by the team. One academic and one NGO representative will be in attendance at each interview. Those interviewed were selected based on a range of criteria including professional seniority; experience of working on our project themes; experience of having represented specific political constituencies; knowledge and experience of debates within relevant professional groupings; direct involvement in the relevant political negotiations and/or the design and implementation of policy. The data also included transcriptions of audio recordings of townhall meetings held by the project in the following locations: Belfast (2), Derry/Londonderry, Dungannon, Newry, Enniskillen. At these meetings, representatives from the project discussed the work completed to date and asked for audience question, thoughts about the (potential) impacts of Brexit for Northern Ireland, and any opportunities that may be presented. Both the interviews and townhall meetings were audio recorded and transcribed at a later date by one of 2 PhD students hired to complete the transcription. The qualitative data generated by interviews, field-notes, and townhall meetings was coded and analysed using NVivo software. Analysis of the qualitative data both informed and was informed by the policy papers.

Identifier
DOI https://doi.org/10.5255/UKDA-SN-853811
Metadata Access https://datacatalogue.cessda.eu/oai-pmh/v0/oai?verb=GetRecord&metadataPrefix=oai_ddi25&identifier=6a1701b0b9fc7dd1b7383b7e81c321e7814cae794f38e5c426edd50418cc2137
Provenance
Creator Harvey, C, Queen's University Belfast
Publisher UK Data Service
Publication Year 2021
Funding Reference Economic and Social Research Council
Rights Colin Harvey, Queens University Belfast; The Data Collection only consists of metadata and documentation as the data could not be archived due to legal, ethical or commercial constraints. For further information, please contact the contact person for this data collection.
OpenAccess true
Representation
Language English
Resource Type Text; Audio
Discipline Jurisprudence; Law; Social and Behavioural Sciences
Spatial Coverage United Kingdom; Northern Ireland; Ireland