Downing Street Years - Margaret Thatcher [245]
In January and February 1984 I held meetings to run through the options. The Irish were keen to pursue possibilities of joint policing and even mixed courts (with British and Irish judges sitting on the same bench), about both of which I had the gravest reservations…reservations which grew stronger still as time went on. The idea, favoured by Dr FitzGerald, of the Garda policing nationalist areas like West Belfast seemed quite impractical: not only would the Unionists have been outraged, the Garda officers would probably have been shot on sight by the IRA. As for joint Anglo-Irish courts, this would have cast doubt on the whole administration of justice which had taken place in the province. Majority decisions in terrorist cases by a mixed court would have been disastrous. The same arguments, with slightly less though sufficient force, applied to the proposal for three-judge courts in Ulster, which was another option favoured by the Irish.
We decided to put forward our own proposals at the beginning of March. Robert Armstrong travelled to Dublin and presented our ideas orally…no papers were exchanged until much later in the talks. Our main idea was to establish a Joint Security Commission, to work up proposals that might include a measure of joint policing along a zone on both sides of the border…the element of reciprocity was crucial to us. We were prepared also to consider other measures with respect to the criminal law and local government in Northern Ireland.
The Irish responded immediately by ruling out the idea of a security zone, though encouraging further talks. They made a counter-approach in May, still based on the idea of ‘joint sovereignty’, though they sought to get around our fundamental objections by using the term ‘joint authority’. I was not at any point prepared to concede this, but at the end of May I authorized Robert Armstrong to develop the idea of a consultative role for the Republic in Northern Ireland. I also requested a study of a quite different approach to the problem: redrawing the existing border with the Republic, which followed the old Irish county lines. My instinct was that there might be political and security gains from getting rid of the anomalies, in the event that our talks with the Irish came to nothing.
There was an important development over the summer: the Irish for the first time explicitly put forward the idea of amending Articles 2 and 3 of their Constitution to make Irish unity an aspiration rather than a legal claim. This was attractive to me, in that I thought it should reassure the Unionists. But it was clear that the Irish would expect a good deal in return, and I still doubted their capacity to deliver the referendum vote. So the net effect of their proposal was actually to make me more pessimistic and suspicious. Also they were trying to go too far too fast. The Irish still hankered after joint authority (indeed this lay behind the subsequent contrary interpretations we and they placed on the provisions of the Anglo-Irish Agreement). I made these points forcefully to Dr FitzGerald when he came to see me at No. 10 on Monday 3 September.
Jim Prior resigned as Northern Ireland Secretary in September 1984 to become chairman of GEC. I