The principle of consent and the possibility of change in the constitutional status of Northern Ireland are fundamental elements of the Good Friday Agreement, endorsed by the people of this island North and South.
The full implementation of the Good Friday Agreement and subsequent agreements is a priority for my Department and indeed the Government as a whole. The approach of the Government in relation to Irish unity is of course guided by Article 3 of the Constitution, as amended by the people in 1998.
The Agreement states clearly that “it is for the people of the island of Ireland alone, by agreement between the two parts respectively and without external impediment, to exercise their right to self-determination on the basis of consent, freely and concurrently given, North and South, to bring about a united Ireland, if that is their wish, accepting that this right must be achieved and exercised with and subject to the agreement and consent of a majority of the people of Northern Ireland”.
Furthermore, under the Agreement, the two Governments “recognise the legitimacy of whatever choice is freely exercised by a majority of the people of Northern Ireland with regard to its status, whether they prefer to continue to support the Union with Britain or a sovereign united Ireland”. And should such a choice be made in the future, it will be a binding obligation on both Governments to introduce and support in their respective Parliaments legislation to give effect to that wish.
The holding of a referendum in this jurisdiction is connected with the calling of a border poll, under the terms of the Good Friday Agreement, in Northern Ireland. Under the Good Friday Agreement, the Secretary of State shall exercise this power "if at any time it appears likely ... that a majority of those voting would express a wish that Northern Ireland should cease to be part of the United Kingdom and form part of a united Ireland."
At present, the Government does not believe it likely that such a border poll in the near future would result in a decision on the part of a majority of the people of Northern Ireland in favour of constitutional change. In these circumstances, it is the Government’s clear view that such a poll would only increase uncertainty and division at an already difficult and sensitive time.
In the absence of the prospect of a referendum in the near future, the Government has no immediate plans for specific preparations on this issue. My immediate priorities are to secure the functioning of the devolved power-sharing institutions and the North South Ministerial Council, which are at the heart of the Good Friday Agreement, and to ensure the protection of the Agreement in all its parts and the gains and benefits of the Peace Process, through the ongoing Article 50 negotiation between the European Union and the UK, which are at a critical point.
In the event of a future referendum within the consent provisions of the Good Friday Agreement, the Government would make all necessary preparations in accordance with the terms of the Constitution and the principles and procedures of the Agreement.
There are of course aspects of this constitutional issue which relate to my Department’s ongoing work. In the context of Brexit, the Government has made clear its determination to ensure respect for all aspects of the Good Friday Agreement, including those provisions relating to a possible change in the constitutional status of Northern Ireland, regardless of the UK’s status within the EU. As a result of intensive political and diplomatic engagement by the Government, we have secured the solidarity and support of all our EU partners on ensuring the protection of the Agreement in all its parts and of the gains and benefits of the Peace Process, through the process of the UK’s withdrawal from the European Union.
On 29 April 2017, the European Council adopted Guidelines for the EU-UK negotiations which included a strong acknowledgment of the unique circumstances of the island of Ireland and the importance of preserving the achievements, benefits, and commitments of the Good Friday Agreement. These Guidelines remain the basis of the Union’s approach to the negotiations with the UK, including on the Ireland-specific issues. Also on 29 April 2017 the European Council agreed a statement acknowledging that the Good Friday Agreement provides for an agreed mechanism whereby a united Ireland may be brought about and that, in accordance with international law, the entire territory of such a united Ireland would thus be part of the European Union.
The Government has nonetheless been very clear that we do not see the UK exit from the European Union as a pretext or an opportunity for the holding of a border poll in Northern Ireland, under the terms of the Good Friday Agreement.
