Oireachtas Joint and Select Committees

Thursday, 27 October 2022

Seanad Public Consultation Committee

Other Voices on the Constitutional Future of the Island of Ireland: Referendums and Lessons from Other Jurisdictions

Mr. Paul F. Farrell:

On the proposed or prospective border poll that may arise at some stage in the future, and it is probably inevitable that it will arise at some stage in the future, I meant to say something briefly on Mr. McCord's case. This was taken a number of years ago regarding the circumstances that the Secretary of State would regard as compelling enough to trigger a border poll. What that case really exposed was how the mechanism for calling for a border poll is focused solely in the office of the British Secretary of State for Northern Ireland. Now, 25 years later, we are living in a post-Brexit world and there certainly does seem to be a zeitgeistrising about a unity referendum.

The question that now arises as a result of the circumstances is that the focus is completely on what circumstances may be considered as triggering a border poll. I am well aware that it is not within the mechanics of the Good Friday Agreement and there may be political consideration but is it something the southern Government should consider discussing with Westminster, with particular reference to the Northern Ireland Office and Secretary of State, as to what those conditions are or may be? Recently we had an example where the shadow Secretary of State made a public declaration that he thought that circumstances may have been met as a result of elections. We need to know whether they are met and what are the conditions.

I understand the reference to majority by 1% is difficult and problematic. This is what the Good Friday Agreement provides for. If it is going to be restricted from a majority of 1% to a situation where the Secretary of State will have to be satisfied there would be no widespread civil disorder let us get it out on the table now. Until this is clarified we will be confused as to whether it is 1% or whether it is consideration of widespread civil disorder. If this is a reason the Secretary of State could withhold a border poll we could be held to ransom forever because there could always be the threat of widespread civil disorder in Northern Ireland. The conversation has moved forward and it does need to be redefined.

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