By Judge Michael C. Mentel
The July 4th election in the United Kingdom saw a seismic political change in Britain and the north. Not only did the Labour Party have a landslide victory over its rival, the “Tory” Conservatives, Sinn Féin became the largest party in the House of Commons from the north for the first time. Sinn Féin coasted to victory, handily defending its seven seats in the Commons, and celebrated the victory of new Sein Féin candidate Pat Cullen, the former Chief of the U.K. nursing union who appeared on the ballot for the first time. Cullen won the Fermanagh-South Tyrone constituency that was once held by Provisional IRA hunger striker Bobby Sands MP as he was dying on hunger strike in 1981. Sinn Féin President Mary Lou McDonald and First Minister Michelle O’Neill celebrated Cullen’s victory as one of the Party’s newest high-profile recruits. Cullen’s margin of victory in the constituency was 4,500 votes, a victory described in some media outlets as a “romp”. As a matter of policy, Sinn Féin MP’s refuse to take their Parliamentary seats due to the requirement to give an oath of allegiance to the Crown.
Another surprise from the parliamentary elections in the north were the losses suffered by the Democratic Unionist Party (the DUP). The DUP first gained power in the north 54 years ago under the leadership of the Reverend Ian Paisley, a hard core unionist who later would become friends with his arch enemy, Martin McGuinness. The DUP and other unionist parties were able to maintain political control in the north through “gerrymandering” certain unionist constituencies. Pailey’s son, Ian Paisley Jr., was elected to his father’s seat in North Antrim, keeping it in the family for 54 years until this election. Paisley Jr. lost to Jim Allister, a former member of the DUP who is now a member of the Traditional Unionist Voice (TUV), a party which he founded in 2007 that rejects the Good Friday Agreement and the peace process in the north.
Juxtaposed against other parties in the north, Sinn Féin is gaining momentum in the growing Catholic communities. Brian Feeney, a political analyst who focuses on the politics of the north, attributes Sinn Féin’s support in the north’s Catholic constituencies to those 30 years old and under. “The under-30’s in the nationalist community overwhelmingly support Sinn Féin. They look to Sinn Féin and want to vote for change….” With this momentum and growth comes the possibility of a border poll on Irish unification. The new British Prime Minister, Keir Starmer, sees the prospect of a border poll being called during the Labour government’s five year term as unlikely. Notwithstanding, the Good Friday Agreement compels a border poll when the political climate in the north indicates that unification is desired. It also compels the Prime Minister to be impartial in his decision to call for a border poll. Starmer recently stated that a border poll “…is provided in the Good Friday Agreement. Today is a recommitment to that and the approach and role of the UK government in that [process] as an honest broker.”
With Labour’s victory comes the obligation to fulfill its campaign promises. During its campaign, Labour made a commitment to repeal the Legacy Act passed by Parliament, becoming law in September of last year. The Act provides immunity to British troops and anyone who committed unlawful acts during the troubles. Immunity is granted on the condition that a perpetrator confesses his or her crime to a new inquiry commission set up under the Act. The Act was designed to protect British troops and the RUC who committed unlawful acts during the troubles. Victims and victims’ families are barred under the Act from bringing any legal action against anyone given immunity, and anyone granted immunity cannot be criminally prosecuted. The Legacy Act is being challenged by the Irish government before the European Court of Human Rights and is also being appealed by the British government in a separate action to the Court of appeals, Belfast, following a lower court decision finding the Act to be unlawful.
The Labour government committed during its campaign to repeal and replace the Legacy Act. The question is to what end and to what degree is the Labour government committed to repeal? Is it going to repeal the act in full or only in part? Will victims and their families be allowed to pursue vindication in the courts under a new bill? Will suspended inquests and investigations be allowed to continue following a repeal?
During a visit to the north Prime Minister Starmer met with several northern political parties to discuss a host of issues. Sinn Féin President Mary Lou McDonald stated after her meeting with the Prime Minister that she and her party had “a very constructive, very friendly” meeting on “…issues around the legacy legislation…We very much welcome commitment to repeal [the Act].”
The unprecedented political changes occurring in the north and the United Kingdom cannot be ignored. The people of the north have spoken. Sinn Féin is now the largest political party in the north. It is the largest delegation to Westminster from the north, it holds the largest membership in the Stormont Assembly, and is the largest political party in local government. It is now time for us, the Irish diaspora in the United States, to speak. We must contact our elected U.S. Senators and Representatives insisting that they impart to the British government the repeal of the Legacy Act and to pledge their backing of U.S. economic support to Ireland when the time for unification comes.
Judge Michael C. Mentel is the Presiding Judge on the Ohio Court of Appeals Tenth District.
