The UK’s PM has seemingly managed
both to acknowledge that the UK Government has a duty under international law
to call an Irish unity referendum under certain circumstances as part of the
Good Friday Agreement, and at the same time to rule it out. Maybe he’s
practicing political contortionism in readiness for his upcoming meeting with Trump,
but as a way of trying to please everyone whilst actually pleasing no-one, it’s
almost a master class.
The circumstances under which a referendum becomes
unavoidable are vague, of course: the duty on the Secretary of State to hold a
border poll if it appears likely a majority would vote for Irish unification is
hardly clear cut, and what ‘appears likely’ to one person can appear very
unlikely to another, particularly if (s)he chooses to ape Nelson and hold the
telescope to a closed eye. Given the history and complexities of Irish
politics, perhaps the circumstances could never be other than vague, and the dangers
implicit in a narrow majority either way are obvious.
But it was the rationale for taking the option off
the table which caught my eye. Referendums, according to Burnham, are
inherently divisive, and he uses those on Brexit and Scottish independence as
evidence to support the argument. It is a simplistic analysis, though. A
referendum might crystalise and put arithmetical numbers to a divergence of
opinion, but they don’t make that divergence appear in the first place. After
all, if there’s no pre-existing difference of opinion, there’s nothing on which
to vote. As a corollary, avoiding holding a vote doesn’t make the difference of
opinion go away. Whether the issue is Brexit, Scottish independence, or Irish
unity, there are strong and deeply-held opinions on both sides. Whether a
referendum is the best way of determining a majority view or establishing the ‘settled
will’ of a population is a valid issue for debate, as are the timing and
circumstances of any vote. But denying a population any democratic means of deciding
between two views, and insisting instead on adherence to the status quo (which
is what Burnham’s appeal to concentrate on cost of living issues amounts to) carries
its own dangers.
On constitutional matters (much like on economic
matters), Burnham – despite all his rhetoric about change – seems deeply
committed to a belief that the status quo is the natural and inevitable order
of things. It’s a fantasy; in the real world, the long reach of history shows
how human-made boundaries and institutions are constantly changing and evolving.
Those who attempt to stand against the tide of history eventually get swept
away by it.