New draft of Article 2 will redefine Irish nation

The Irish nation will be defined in terms of its people, rather than its territory, in the new wording for Article 2 of the Constitution being drafted by the Government.

The new Article 3 will enshrine the principle of consent while expressing the "wish of the majority" of the people in Ireland for a united Ireland.

Although the Government was describing yesterday's Irish Times report about changes in Articles 2 and 3 as "speculative" last night , it was confirmed that the dropping of the territorial claim to Northern Ireland has been placed on the table in the Northern talks.

Implicity confirming these developments, the Taoiseach, Mr Ahern, said that it was the Government's intention in any changes made to Articles 2 and 3 "to ensure that the birthright of anyone born on the island to declare themselves members of the Irish nation, if they choose to do so, will be strengthened and copper-fastened, as the current constitutional provisions are not very strong in this regard".

"It is also our intention", he stated, "to ensure that the achievement of a united Ireland, by agreement and by consent, is, and remains, a legitimate goal, and the door to a peaceful evolution towards that will remain open."

Mr Ahern also asserted that the aim of the overall agreement was to achieve government by consent in the North and in relations between the two parts of the island. "Basically, one tradition cannot override the other. That is what self-determination and democracy means."

The fundamental issues which had affected nationalists, the Taoiseach added, were not Articles 2 and 3, but equality, policing, harassment and being treated in a second-class way.

The Fine Gael leader, Mr John Bruton, said in Limerick last night that he supported the Taoiseach's comments on Articles 2 and 3 in the context of an overall peace settlement in Northern Ireland. ail for such changes if they formed part of a fair overall settlement, Mr Bruton said that Mr Ahern was right to stress the overriding importance of the equality agenda in the peace talks. "It is the issue that is most important to agree", he said.

Meanwhile, Government sources were concerned yesterday at the alleged "spin" being put on sensitive constitutional proposals in this State. They expressed fears that the drafting of a Northern settlement could be made much harder in the next few weeks if each move was to be publicised by what they saw as "vested interests".

It has emerged that a number of amendments to the Constitution will be proposed by the Government in the May referendum on a Northern settlement. Besides changing Articles 2 and 3, the Government is also discussing the possibility of "equality" changes and of devolving powers to North/South bodies. The amendments will be put in one referendum question to voters.

It is believed that the proposed changes to Articles 2 and 3, reported in yesterday's Irish Times, were outlined verbally to Northern parties at a recent meeting. A text of the wording of the new Articles has not been circulated yet. However, there are drafts of the new wording in the Taoiseach's Office and in the Department of Foreign Affairs.

The new texts for Articles 2 and 3 are different to the wording prepared by the former Taoiseach, Mr Albert Reynolds, when the Joint Framework Documents were published three years ago.

Conscious of this fact, Government sources are at pains to make it known that the Irish nation will not be defined in Twenty-six County terms. Aware that nationalists see Articles 2 and 3 as their "birthright", these sources are also stressing that nationalists in the North, who see themselves as Irish, will have this reflected in the Constitution.

Mr Caoimhghin O Caolain, the Sinn Fein TD, said last night that redefining the national territory or removing the constitutional imperative to achieve Irish unity would leave uncontested the British constitutional claim to the North which, unlike the Irish claim, was actually enforced.

Suggesting that Fianna Fail members would be "alarmed" at the prospect painted by the Taoiseach, he said that Sinn Fein was opposed to any change in Articles 2 and 3 which diluted national sovereignty or sought to redefine the Irish national territory as anything other than the entire 32 counties.

Empey rules out trading for Articles 2 & 3; FF TDs pragmatic on constitutional change: page 8