The Northern Ireland Secretary of State, who has authority under the Belfast Agreement to call an Irish unity referendum, could face a court challenge in the years ahead to force it be to be held, senior Sinn Féin TD Pearse Doherty said..
Under the Belfast Agreement, the Northern Secretary will call a referendum once it appears to them that a majority of voters in Northern Ireland would vote in favour of a united Ireland if given the opportunity.
However, the rules governing the process by which this decision would be made are vague, since it is unclear whether a judgment would be made on polling figures, recent election results, census numbers or other data.
Speaking to the Patrick MacGill Summer School in Glenties, Co Donegal, Mr Doherty said it has been accepted by the British government that the Northern Secretary’s decision could be judicially reviewable.
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“If he or she were to trigger a referendum where in his or her view there was no support for united Ireland, then he or she could be taken to court. The opposite is also the case,” he said.
“You could have a situation where through the court you could force the Secretary of State to trigger this,” he said, adding that he believed that a unity referendum will be held, and that it will happen in a few years.
On the subject of planning for a united Ireland, he said: “It isn’t about the romantic notion of four green fields. It’s actually to deal with the nuts and bolts. What does the economy look like? What does the health service look like? How does our social welfare system work in a united Ireland?”
Unfortunately, he said, Fianna Fáil and Fine Gael have not begun this planning work, though he believed that there are many in those parties, including Leo Varadkar, who now favour such work being done.
The momentum supports the belief that a referendum is inevitable, he said, pointing to the congratulations that were offered to Sinn Féin’s Alex Maskey by all sides in Stormont when he stepped down as speaker of the Assembly.
Maskey, he said, was the first Sinn Féin councillor elected to Belfast City Council in 1983: “[Unionists then] used to lock the doors, change the meeting rooms, they used to spray air freshener. Behind him they used to throw oranges at him in meetings.
“Why do I say that? It is not about bragging. It is again to show people that demographics and change is happening dramatically in the north. So, is there going to be a referendum? Absolutely. Unionism knows that. The other political parties in the state know that.”
The promised offered by the Belfast Agreement has not been fully realised, he said: “We now have the opportunity to rebuild this island and to create a new and united Ireland where the identities of all are respected.
“Where the potential of every person and community is cherished. A united Ireland where equality, respect and social justice are our guiding principles. We are on the brink of change, but we need to plan for it, we need to create it,” he went on.
Questioned about the evident lack of enthusiasm displayed by British prime minister Keir Starmer for a unity referendum, Mr Doherty said no British government will “have Irish interests at heart.
“Six years ago the former leader of the DUP came here and said that if we had a referendum on Irish unity that was successful without planning, it would be terrible. We would repeat the same mistakes as Brexit.”
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