Post by Amadan on Jul 22, 2024 7:26:01 GMT
UK government could face court challenge to force unity referendum, says Sinn Féin’s Pearse Doherty
Vague rules surrounding trigger mean decisions either way could face judicial review
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.
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.
www.irishtimes.com/politics/2024/07/20/uk-government-could-face-court-challenge-to-force-unity-referendum-says-sinn-feins-pearse-doherty/
Vague rules surrounding trigger mean decisions either way could face judicial review
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.
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.
www.irishtimes.com/politics/2024/07/20/uk-government-could-face-court-challenge-to-force-unity-referendum-says-sinn-feins-pearse-doherty/
