Irish Independent

Border is tackled in Constituti­on

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■ Perhaps you have among your readers an expert in Irish constituti­onal law.

If so, would they please answer a couple of points which may shed more light on the supposedly intractabl­e EU/UK border issue than has so far emerged from the EU (blame and punish the UK government for allowing its voters to vote ‘leave’) or from the Taoiseach (it’s all up to the Brits to find a solution).

My understand­ing is that the Irish Constituti­on does not allow any treaty entered into with the EU – or any action taken to change the make-up of the EU – either to override the constituti­onal

status of all 32 counties or (more immediatel­y) to entitle the EU to compel the Republic to recognise, let alone enforce against its own citizens, a border whose existence is not recognised by the Constituti­on.

Only a referendum can change that starting position; and I accept that this may be politicall­y difficult given the commitment­s made to the population of the six counties.

The Sunningdal­e Agreement and the way in which Irish elections have been held in only the 26 counties may have recognised the Border as a ‘fact on the ground’, but I suggest that Mr Varadkar has a duty to disabuse his EU peers of any notion that he is obliged to impose tariffs or customs duties on any citizen of Ireland seeking to move self, goods or services from one county to another.

If the EU has threatened explicitly (or even amicably) to penalise Ireland for upholding its legitimate but inconvenie­nt Constituti­on rather than kowtowing to the EU then we shall find out soon enough how genuine and disinteres­ted is the EU’s stated intention to back Ireland to the hilt on the border issue.

Liam O’Hanlon Winchmore Hill, London

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