1/ Much focus on when a ‘border poll’ will be triggered by the Secretary of State. Recent NICA judgment is instructive, and outcome is as many expected. Worth reading in full - thoughts only below.
Raymond McCord’s Application: Border Poll [2020] NICA 23
judiciaryni.uk/judicial-decis…
Raymond McCord’s Application: Border Poll [2020] NICA 23
judiciaryni.uk/judicial-decis…
2/ No *legal requirement* on SoS to publish a policy.
3/ Strong emphasis throughout on the role of political judgement and the value of flexibility.
4/ On the ‘discretion’ in para 1, the ‘public interest’ is noted, and a connection made to the concept of ‘rigorous impartiality' and the right of self-determination (as is done for the powers in para 4 on voting and the question/questions).
5/ On the ‘duty’ in para 2 to call a ‘border poll’, when it appears likely that a majority would vote for a united Ireland:
An assessment based on ‘prevailing circumstances’ - not a 'simple empirical judgment’ related to ‘opinion poll evidence’. Look at some of the factors 👇
An assessment based on ‘prevailing circumstances’ - not a 'simple empirical judgment’ related to ‘opinion poll evidence’. Look at some of the factors 👇
6/ On the question of who should be entitled to vote in NI 👇
7/ The judgment stresses flexibility, and the key role of a political actor (SoS) and a political institution (Westminster Parliament). References to the ‘public interest’, ‘rigorous impartiality’ and the right of self-determination are also notable and significant.
8/ This flexible approach arguably sets the political stage for British-Irish negotiations, and other preparations, that would lead to concurrent referendums taking place.
9/ It still leaves hard questions to be answered within political processes. In the context of a legal framework that grants the SoS and Westminster Parliament a central place, in relation to decisions that may alter the constitutional future of our shared island.
