Public consultation on unification referendums on the island of Ireland.

alan.jfif (1)conor_kelly_500x625.jpg_resized.jpgchk_headshot500x625.jpg (1)The Constitution Unit is leading a Working Group on Unification Referendums on the Island of Ireland. This week, it launches a public consultation, seeking views from people in Northern Ireland on the issues it is considering. In this post, Alan Renwick, Conor Kelly, and Charlotte Kincaid outline the purposes of the group’s work and the kinds of questions that it is asking.

Readers can access the consultation survey by clicking here.

The Working Group on Unification Referendums on the Island of Ireland is examining how any future referendum on Northern Ireland’s constitutional future would best be run. Such a referendum – sometimes known as a ‘border poll’ – would decide (alongside a parallel process in the Republic of Ireland) whether Northern Ireland should remain part of the United Kingdom or become part of a united Ireland.

A referendum like this could occur in the future. Under the 1998 Belfast/Good Friday Agreement, the Secretary of State for Northern Ireland may call a poll at any time. He or she would be required to do so if at any time it appeared likely that a majority of those voting would back a united Ireland. Most of the evidence suggests that this is some way off. But there are also signs that the majority in favour of the existing Union may have weakened, and that trend may continue. 

Yet, despite the possibility of a referendum, almost no thinking has been done about what the process would involve. The Working Group is seeking to fill that important gap. It takes no view on whether a referendum should happen or what the outcome of such a vote should be. But we think that planning for a referendum is important. Some people are eager for a vote in the coming years and will therefore no doubt be keen to discuss it. Others, we realise, view the prospect with great trepidation, and may not wish to give the idea undue prominence. We fully respect that. But we hope that even these people will see the value of planning ahead, just in case. Holding a vote without thinking through the process carefully in advance could be very destabilising, to the detriment of people across Northern Ireland.  Continue reading

Irish unification: processes and considerations

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Earlier this year, the International Association of Constitutional Law published a blog symposium on Irish Unification: Processes and Considerations, convened by Professor Oran Doyle. Here, Professor Doyle summarises the  contributions to the symposium. 

The Belfast/Good Friday Agreement (GFA)—the agreement between the parties in Northern Ireland and the related international treaty between the British and Irish governments that was central to the peace settlement in 1998—built a new model of power-sharing politics on the foundation of a territorial compromise. On the one hand, Ireland and Irish nationalists accepted the legitimacy of Northern Ireland’s status as a component part of the United Kingdom. They thereby relinquished a territorial claim to the whole island of Ireland that had been advanced in different ways since independence and partition of the island of Ireland in 1921-22. On the other hand, the United Kingdom and unionists accepted that Northern Ireland would only remain part of the United Kingdom for as long as a majority of people in Northern Ireland so wished it. They thereby relinquished the right of the United Kingdom to preserve its own territorial boundaries.

In 1998, Irish unification seemed a distant prospect. The priority for most Irish nationalists—and certainly for all Irish governments—was to make the new political arrangements work, not to advocate for a united Ireland. But demographic change was slowly producing an electorate more open to unification, and Brexit has now dramatically increased the attractiveness of a united Ireland replete with EU membership. As a result, although opinions on the likelihood of a united Ireland diverge widely, the territorial compromise of 1998 is under pressure. Continue reading

The Secretary of State’s power to call a border poll in Northern Ireland: why British-Irish institutional cooperation is essential

Should there be a referendum on the issue of Irish unification, the Irish government would be expected to play a central role. Etain Tannam argues that Brexit created new tensions in British–Irish relations and has highlighted the need to have firm institutional cooperation between both governments before any referendum is called. As Irish unification would alter greatly the Irish state and the Irish electorate would have to approve of unification by referendum vote, the Irish government’s role is highly significant, even though it has no formal powers in this area in the Belfast/Good Friday Agreement. Moreover, the sensitivity of the unification issue and the need to avoid increasing the sectarian divide imply that longer term management by both governments and joint framing of the issue is required.

The Brexit referendum in 2016 almost immediately reignited the issue of Irish unification, given that a majority of the population in Northern Ireland voted to remain in the EU, including the vast majority of cultural Catholics. The unification issue has surfaced periodically since 2016, though with the exception of Sinn Féin, Irish political parties do not wish to place it on their agendas given its sensitivity. It is clear however that combined with demographic changes in Northern Ireland and the impact of Brexit on support for Scottish independence, there is far more informal discussion of Irish unification than in previous decades. Only the Secretary of State for Northern Ireland has the statutory power to call a referendum on Irish unification, if they perceive there to be evidence of majority support in Northern Ireland for unification. However, in practice, given the fundamental implications for the Irish state and given Irish governments’ role in the peace process and in the Belfast/Good Friday Agreement, the Irish government would be expected to play a central role.

There are many reasons why the Irish government’s role would be crucial. Unification would have complex and wide-ranging impacts on Ireland, necessitating an Irish input into the timing of a referendum on unification. Many referendums could be required to amend the Constitution, dealing with a range of issues, including federalisation of the state and of protection for unionist identity in a new state.  Continue reading