I’m talking about Reunification. The UK has no roll in the process.
While a hard border, and where it lands, could be a contributing factor in convincing NI to pursue reunification (and it’s hardly the only one) its not technically directly related to reunification or the process for it.
There’s a long standing, pre-existing legal pathway for joining the two Irelands back up. Derived from the treaty that ended the Irish War of Independence. That treaty established Home Rule and allowed there to be a county by county vote on independence. Counties that voted yes got to split off into an independent Ireland. Those that did not, stayed part of the UK.
It gets rather complicated from there. But the Irish state continues to assert a claim over that territory, and reunification is a base part of most major political party’s platforms there. And though the original treaty did not neccisarily include the option for later re-votes, it still created legal grounds for them. At various points since the split political pressure and peace deals have created legal basis for revotes, or actual votes for reunification or NI independence.
So you flash forward to the Good Friday Agreement in 98, and the accord formalizes the process. Essentially its now settled law that the Irelands have the right to a future vote on reunification, called a border poll. At effectively any time. The overarching UK government, and any of its non Northern Ireland constituent parts, do not get a say. They don’t get to vote, and they don’t get to impact when how or if.
So from the North Irish Side/UK law:
Section 1. Status of Northern Ireland.
- It is hereby declared that Northern Ireland in its entirety remains part of the United Kingdom and shall not cease to be so without the consent of a majority of the people of Northern Ireland voting in a poll held for the purposes of this section in accordance with Schedule 1.
- But if the wish expressed by a majority in such a poll is that Northern Ireland should cease to be part of the United Kingdom and form part of a united Ireland, the Secretary of State shall lay before Parliament such proposals to give effect to that wish as may be agreed between Her Majesty’s Government in the United Kingdom and the Government of Ireland.
[…]
Schedule 1
- The Secretary of State may by order direct the holding of a poll for the purposes of section 1 on a date specified in the order.
- Subject to paragraph 3, the Secretary of State shall exercise the power under paragraph 1 if at any time it appears likely to him 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.
- The Secretary of State shall not make an order under paragraph 1 earlier than seven years after the holding of a previous poll under this Schedule.[18]
And from the Constitution of Ireland:
Article 2
It is the entitlement and birthright of every person born in the island of Ireland, which includes its islands and seas, to be part of the Irish nation. That is also the entitlement of all persons otherwise qualified in accordance with law to be citizens of Ireland. Furthermore, the Irish nation cherishes its special affinity with people of Irish ancestry living abroad who share its cultural identity and heritage.
Article 3
- It is the firm will of the Irish nation, in harmony and friendship, to unite all the people who share the territory of the island of Ireland, in all the diversity of their identities and traditions, recognising that a united Ireland shall be brought about only by peaceful means with the consent of a majority of the people, democratically expressed, in both jurisdictions in the island. Until then, the laws enacted by the Parliament established by this Constitution shall have the like area and extent of application as the laws enacted by the Parliament that existed immediately before the coming into operation of this Constitution.
- Institutions with executive powers and functions that are shared between those jurisdictions may be established by their respective responsible authorities for stated purposes and may exercise powers and functions in respect of all or any part of the island.
The only actions involved are a polling of the population of both nations to determine if a vote is desired. Followed by a vote of the population on yeah or nay. The result you need is for the Northern Irish to vote to leave the UK, and the rest of the Irish to vote to accept them in.
Boom reunification. The UK attempting to stop this, refusing to accept the results or otherwise interfering is a much, much, much, much larger violation of the Good Friday Agreement than the hard border being re-established.
The hard border is in part such a large sticking point because a hard border across Ireland is not allowed under Good Friday, potentially meaning a bunch of violent assholes will decide the peace deal is no longer in effect. And a border internal to the UK pisses off everyone else, particularly the Unionist violent assholes who will view it as a separation from the UK. But it’s not like if the hard border goes up Reunification is automatic.
