TRUMP / NORTHERN IRELAND ACT 1998
"The way I look at it, it's going to happen eventually. It may as well happen now."
"not aware that there is majority public support" — — Downing Street spokesperson on PM Andy Burnham's position, September 12
Four times in two days: beside the Taoiseach at Farmleigh on Saturday ("I'd love to see it unified... how can it be bad?"), at a business event that afternoon ("a very cool thing"), and twice on Sunday from a golf tournament at his own Doonbeg resort ("one of the naturals of all time is to put them together," "I think it should happen"). He said many people agree and he "had so much support." The Irish Times reported, citing people with knowledge who would not be named, that he raised it unprompted with President Catherine Connolly and mentioned a border poll; her statement confirmed Northern Ireland came up. Now read the law. Schedule 1 of the Northern Ireland Act 1998 — a word-for-word enactment of Annex A of the Good Friday Agreement — says the Secretary of State may call a border poll, and shall call one "if at any time it appears likely to him that a majority of those voting" would choose a united Ireland. In re McCord [2020] NICA 23 held that the duty turns on his own assessment, that he need not publish any policy about when he would act, and that it applies even if a poll is against the public interest. No threshold. No required survey. One minister's guess. Which is why Downing Street's answer is not a rebuttal: "not aware that there is majority public support" is that test in plain English. The president spent a weekend arguing the only fact that triggers it, and the coverage was a tally of who was annoyed. Entries #14 through #17 were about governments. This is about a border, and the trigger is written down.