Legal challenge launched over alleged lack of policy on Border poll

A justice for victims of the Northern Ireland conflict campaigner has taken a High Court challenge over the State's alleged failure to either have, or disclose, a policy on calling a Border poll in Northern Ireland.

The result of such a vote would determine if there is a united Ireland or whether Northern Ireland remains part of the UK.

Raymond McCord, from Newtonabbey, Belfast, said it is an "absolute imperative in the interests of transparency" that the State and British government "publish policies setting out in adequate detail the conditions and criteria for the holding of Border polls on the island of Ireland".

Ronan Lavery QC, appearing with solicitors Paul Farrell and Ciaran O’Hare, told Mr Justice Séamus Noonan on Monday that, from demographics, the “time will come” when the issue of a poll “will have to be looked at”.

It is unclear from the 1998 Northern Ireland Act, Belfast Agreement or Article 3.1 of the Constitution if a majority in favour of a united Ireland is required in both jurisdictions on the island of Ireland or if a combined majority of the people is all that is required, said counsel.

Mr McCord does not know if the State here has a policy in relation to a poll, or if so, what that is, he said.

McIvor Farrell Solicitors, for Mr McCord, had written to the Government highlighting his concerns and requested details about its policies on a Border poll but had not received any substantive reply. Due to the uncertainty, “clarity is required” as there appeared to be “no clear policy”.

If there was a poll in the Republic on the question of a united Ireland, it is not known who could vote and whether that would be confined to people ordinarily resident in the Republic, open to citizens who live elsewhere or people who have resided here for a certain period.

Mr McCord has brought similar proceedings before the Belfast High Court against the Northern Ireland Secretary of State over the lack of clarity or criteria upon which a poll can be called, he said.

Mr McCord, a unionist who holds Irish and British citizenship, said he is a strong advocate of the Belfast Agreement which he hoped would bring about a peaceful and democratic era for all the people of Ireland.

His action is against the Taoiseach, Minister for Foreign Affairs, Government of Ireland, Attorney General and Ireland.

He wants various declarations. These include that the State’s failure to have a policy on a poll is a breach of the Belfast Agreement and is unlawful.

He also wants a declaration that the State’s failure to confirm a simple majority of the people of Northern Ireland voting in favour of a united Ireland is the only precedent required for the purpose of the unification of Ireland is a breach of the agreement.

Alternatively, he seeks a declaration where a simple majority of the people of Northern Ireland vote in favour of a united Ireland in a Border poll and that the State must also hold a poll in the Republic immediately afterwards.

Permission to bring the action was granted on Monday on an ex-parte basis by the judge, who made the action returnable to a date in February.

Mr McCord is a long-time campaigner for justice for his son Raymond, who was murdered by the Ulster Volunteer Force in 1997, and for other victims of the conflict. The Northern Ireland Police Ombudsman concluded in a 1997 report there was collusion between the RUC and the UVF in respect of his son’s murder and others.