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Victims campaigner Raymond McCord in High Court challenge over border poll

Raymond McCord on his way into the High Court in Belfast. Picture by Hugh Russell.
Raymond McCord on his way into the High Court in Belfast. Picture by Hugh Russell. Raymond McCord on his way into the High Court in Belfast. Picture by Hugh Russell.

A VICTIMS' campaigner taking legal action over holding a border poll has accused the British government of a policy failure on the biggest decision since Northern Ireland's formation.

Raymond McCord also called on new Secretary of State Karen Bradley to clarify the terms and conditions for calling a referendum on Irish unity.

Following a hearing at the High Court in Belfast yesterday he said: "I want her to declare her hand on the issue.

"It is quite obvious that the British government's policy on a border poll is that they haven't got one.

"This is the biggest decision since the formation of Northern Ireland and no such policy is in place."

The staunch unionist is mounting separate challenges in Belfast and Dublin over the current provisions for going to the public on the constitutional issue.

His case against the British administration questions the legality and transparency of current provisions for holding a border poll.

Under the 1998 Good Friday Agreement a referendum can be called if the Secretary of State believes a majority of people in Northern Ireland no longer want to remain part of the UK.

Mr McCord, an outspoken critic of loyalist paramilitaries since a UVF gang beat his son Raymond Jr to death in 1997, is not pressing for such a poll.

But the Belfast man believes authority for calling such a significant ballot should not rest with one individual.

Insisting his action is an attempt to take the "fear factor" out of politics, he also claims the current criteria is too vague and undermines the Agreement.

During the latest court hearing counsel confirmed the British government's position remains the same since Mrs Bradley took over from James Brokenshire.

Tony McGleenan QC said: "It's not the case that the new Secretary of State has made a new decision about this, although no doubt she will keep the matter under review."

Following submissions the judge, Sir Paul Girvan, listed the case again in March for further arguments on the scope of the challenge.

Mr McCord has already been granted leave at the High Court in Dublin to pursue similar judicial review proceedings against the Irish State, Taoiseach, Minister for Foreign Affairs and Attorney General.

Outside court he stressed: "This has to be taken out of the hands of one individual, and can't be determined by the political agendas of Sinn Féin and the DUP."

His solicitor, Ciaran O'Hare of McIvor Farrell law firm, added: "The new Secretary of State appears to have simply adopted the position of James Brokenshire."