Professor Christopher McCrudden:

I thank the committee for hosting us. I will add a footnote to Senator Blaney's question on the Secretary of State bouncing a referendum. Essentially there are two different arrangements. The Secretary of State must call a referendum where he or she considers there is likely to be a majority in favour of unity. The scenario Senator Blaney has in mind is where the Secretary of State exercises the second option, which is at his or her discretion, which is apparently unlimited.

Senator Blaney's concern is that the Secretary of State for Northern Ireland might in some way manipulate the calling of a discretionary referendum. My point is that a case, the McCord case, was heard in the Court of Appeal in Northern Ireland and the judgment in that case addresses that issue clearly. The Court of Appeal, correctly, stated that the Secretary of State for Northern Ireland in those kinds of circumstances "would not be acting with rigorous impartially if in the face of diminishing support for Northern Ireland remaining in the United Kingdom he directed the holding of a border poll with the sole purpose of achieving a majority to remain and thereby to delay a united Ireland for a period of 7 years".

In other words, therefore, the conclusion to be drawn from that judgment is that were the Secretary of State to do as Senator Blayney fears, there would be a judicial review and the Court of Appeal would take a very sceptical approach to it.