Tomás Ó Flatharta

Voters in the 6 County bit of Ireland rejected Brexit in the 2016 British State referendum by a large margin : 55 to 45 per cent. This was a unique political event – opposition to Brexit broke down the normal sectarian divide on an important constitutional development in the north of Ireland : Almost all nationalists voted against Brexit, and they were joined by a significant number of Unionist (perhaps ex-Unionist) voters.

Afterwards a decision was needed : would a new European Union (EU) – Britain border divide the 6 and 26 county bits of Ireland – or would a new border emerge, dividing the island of Great Britain from all of Ireland?

Everybody knew a new Brexit border could not be imposed on Ireland. The British government needed window-dressing for its Unionist allies : the “Windsor Framework” was unveiled with a walk-on part for the reluctant British monarch King Charles.

This rickety constitutional construction kicked a sleeping dog. The 1998 Good Friday Agreement. copperfastened an imperialist crime – the 1922  partition of Ireland.  A promise that partition could be ended through an internal 6 county referendum is part of the GFA – but this was never meant to happen. The architects of the GFA reasoned, correctly in 1998, that an anti-partition majority in the north of Ireland was extremely unlikely. The Unionist Veto was safe. After Brexit, not any more.

The former Fine Gael leader and taoiseach, Leo Varadkar, is saying out loud what many people know is true but do not want to hear :

A Nigel Farage-led UK goverment could herald a united Ireland – Varadkar

Former taoiseach hopes Farage win does not happen, but Irish Government should be ‘just-in-case’ planning

Mr Varadkar said he believed a Farage-led UK government would put Irish unification “centre stage”.
“And it isn’t just because a right-wing nationalist government in London would want to bring the UK and Northern Ireland away from Europe,” he said.
Many conservative and populist attitudes pushed by Reform on social issues, such as gay rights, would not be liked by a majority of people in Northern Ireland, from both traditions, he said.
“[They] have a liberal and European outlook, and if that’s the kind of government they had in London versus a government in Dublin that was very different, it might make them more likely to vote yes to unification,” he said.
Mr Varadkar said he hoped a Farage-led government would not happen, “but I’m saying it could, and we should think about that”.
If Farage succeeds, it will be because of English voters showing “scant regard” for opinions in Northern Ireland and Scotland, he said. “We’ve seen that happen before, and we saw it happen with Brexit. Could it happen in four to nine years? It could.”

Keir Starmer's Labour Government in Britain is pandering to the far-right : this is the result. These numbers are credible; General election not due for four years. But we see a government operating without consent which is therefore very shaky.

— John Meehan (@johndmeehan.bsky.social) 2025-06-26T09:53:14.363Z

Mass racism and right-wing anti-EU forces are on the march in Britain – questions arise over the stability of the British state – people living in the north of Ireland, Scotland, and Wales are reacting against the vile politics of Nigel Farage and Reform. Another ingredient in an unstable political mix is the rise of mass racism in both parts of Ireland – some parties, such as Sinn Féin, are surrendering to these politics – and that has to stop. A party which claims to be against partition has been talking about opposition to “open borders” – after a main reason their own supporters rejected Brexit was : keep the Irish border open!

Toxic Brexit political problems will continue. Leo Varadkar accurately drew attention to the threat Nigel Farage’s Reform party poses toward gay people – the same is true on the issue of human rights for transgender people. This is now a live issue in the six county bit of Ireland – because a reactionary British Supreme Court judgment clashes with equality and human rights provisions of the Good Friday Agreement!

More than ever, the progressive left must defend the human rights of transgender people in Ireland.

John Meehan June 27 2025

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Belfast Telegraph Report :

Carla Lockhart has criticised an intervention by the Equality Commission on a landmark Supreme Court ruling on gender.

The DUP MP spoke out after the commission said the ruling, which determined the legal definition of a woman was based on biological sex, would have applied in Northern Ireland if it was not for the Windsor Framework.

Instead, the matter will brought before the High Court in Belfast, which will likely take more than a year.

The Supreme Court judgement has implications for transgender people’s access to single-sex spaces.

As the ruling relates to an interpretation of the Equality Act 2010, which does not apply in Northern Ireland, the Equality Commission has to assess how it may be interpreted here.

It believes the judgment will be “highly persuasive” in Northern Ireland courts, but the situation is “much more nuanced and complicated, and there is significant uncertainty due to our unique legal landscape,” chief commissioner Geraldine McGahey said.

Specifically, the Supreme Court did not consider Article 2 commitments under the Windsor Framework agreed between the UK and EU in 2023.

Article 2 underlines the Government’s commitment to ensure that people in Northern Ireland do not lose equality and human rights contained in the Good Friday Agreement.

The agreement is underpinned by EU law, and under the Windsor Framework, aspects of EU law continue to apply to Northern Ireland.

Ms McGahey said much local equality legislation used words such as ‘sex’, ‘men’ and ‘women’ without providing “comprehensive definitions”.

But Ms Lockhart said the Supreme Court judgment was a “victory for the rights of women and girls”, and it was “deeply regrettable” that the commission’s response “appears to cast doubt on the implementation of this landmark decision”.

She continued: “The suggestion that EU law should continue to dictate matters of such importance to women’s rights in Northern Ireland is entirely unacceptable.

“Whether it be immigration policy, equality protections or indeed any other area, the Windsor Framework should not be seized upon to place the rights of local people in limbo. Article 2 is about ‘no diminution of rights’, yet the Equality Commission does not seem able to set out in plain terms which right was in place and has now supposedly been lost.

“The Government must act swiftly and decisively to make it absolutely clear that EU law is not binding in respect of the Supreme Court judgement and cannot stymie efforts to reassert and protect the hard-won rights of women and girls in our society.”

Scott Cuthbertson, of the Rainbow Project, said: “We have worked hard to understand the ruling and communicate our view, and welcome that the Equality Commission has accepted that Article 2 of the Windsor Framework could have implications for how this judgment is read in Northern Ireland.

“We’re working through the commission’s paper, including its interim guidance for employees and service providers, and considering its implications for trans people as well as our next steps to defend their rights.”

The commission said it would ask the High Court in Belfast to issue a declaration to clarify key questions.

Given the unique legal landscape, the commission said it was possible ‘sex’ could be interpreted differently in Northern Ireland to how it was interpreted by the Supreme Court.

Ms McGahey said if it wasn’t for Article 2 of the Windsor Framework, “we would actually be saying very clearly that the Supreme Court judgment applies here in Northern Ireland”.

She added: “That is why we’re saying it’s highly persuasive for our courts and tribunals here in Northern Ireland.

“Article 2 is about ensuring there’s no diminution of rights that are protected or safeguarded within the Good Friday Agreement.”

Ms McGahey said there was a debate as to which rights were being referred to, civil rights or rights relating to gender discrimination.

Until the High Court process is completed, the commission can only issue “interim guidance” to employers and service users.

One suggestion is for employers to consider universal shower and toilet facilities, consisting of self-contained lockable rooms that can be used by one person at a time, regardless of their gender.

The intention of this would be for these universal facilities to be designed “so no one could infer a person’s gender or sex simply because they were selected”, thus avoiding risking “outing” transgender people.