Judge throws out unionist challenge to legality of Northern Ireland Protocol but says it does impact on Act of Union

A CHALLENGE by unionists to the Northern Ireland Protocol has been thrown out of court.

High Court Judge Mr Justice Colton dismissed arguments that it breached the terms of 1800 Act of Union and laws flowing from the 1998 Good Friday Agreement.

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Mr Justice Adrian Colton threw out the challenge to the ProtocolCredit: Pacemaker Press

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TUV leader Jim Allister, Baroness Hoey and former Brexit Party MEP Ben Habib arrive at the High Court in Belfast to hear the judgment following their legal challengeCredit: PA:Press Association

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Many unionists are firmly opposed to the NI Protocol which places a trade border in the irish SeaCredit: Getty Images – Getty

But he agreed that the wider Brexit Withdrawal Act clashes with some aspects of the 1800 decree.

As a result, he said, some parts of the 200-year-old law have been “impliedly repealed” by the recent developments.

However, he said, parliament had the right to do that and the Act of Union could not stand in the way of the “specific will” of Westminister.

After the judicial review hearing TUV leader Jim Allister said the judge’s finding that the Protocol breaches the Act of Union is a “wake up call.”

He said post-Brexit laws are “dismantling” the UK and urged those opposed to “step up the political battle.”

The case had been taken in Mr Allister’s name as well as in the name of Baroness Kate Hoey, Brexit party MEP Ben Habib, former DUP leader Arlene Foster, former UUP leader Steve Aiken and Lord David Trimble.

A linked case which had been taken by Belfast pastor Clifford Peeples was also dismissed.

GOOD FRIDAY AGREEMENT REMAINS INTACT

They want an alternative to the trade border in the Irish Sea, which is adding red tape to the shipment of goods.

The Protocol was designed to avoid putting a similar land border in Ireland.

Mr Justice Colton said he did not accept arguments that the Protocol breaches provisions of the 1998 Northern Ireland Act, which holds up the Good Friday Agreement.

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Former DUP leader Arlene Foster among complainants in the judicial review hearingCredit: Pacemaker Press

They had claimed, in particular, it impacted on consent mechanisms.

The judge said that articles 1 and 42 of the 1998 act remained intact.

He also refused the judicial review ground that Northern Ireland citizens’ human rights are being breached.

That is because, the complaints said, people in the region are unable to influence EU laws affecting them by not being able to elect MEPs to the European Parliament.

He also rejected the argument that the terms of the Northern Ireland Protocol breach EU law.

‘WAKE UP CALL TO EVERY UNIONIST’

After delivering the lengthy judgment at Belfast High Court, Mr Justice Colton said: “For the reasons set out above the applications by (Jim) Allister and others and (Clifford) Peeples are both dismissed.”

Speaking after the hearing Mr Allister said the finding should act as a “wake up call to every unionist.”

 “The key finding in today’s court ruling that the Protocol has repealed a key plank of the Acts of Union is a wake up call to every unionist. It is now confirmed the Protocol is dismantling the Union.

“Likewise, it must awaken Mr Poots to the urgent necessity to stop implementing the Protocol.

“This outcome, at this first stage, underscores the necessity to step up the political battle against the Protocol.

“No more north/southery while east/west is trashed. No more propping up the Belfast Agreement institutions while the Protocol manoeuvres us out of the Union.

“The court’s ruling that contrary to the Prime Minister’s assertion Art 6 of the Act of Union is repealed, HMG must now reverse the ‘mistake’ of repeal, if the PM’s words mean anything.”

Dissatisfaction with the Protocol has been linked to a week of street disorder involving loyalists in April, during which scores of police officers in injured.

New DUP leader Sir Jeffrey Donaldson said the ruling would have implications for “the future stability of political institutions”.

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Incoming DUP leader Sir Jeffrey Donaldson said the court’s ruling confirmed that the Protocol ‘damages our constitional position’Credit: PA:Press Association

He said it was clear that the “protocol damages our constitutional position in the UK contrary to the principle of consent and various agreements”.

Pastor Peeples said the judgement confirmed the government had “circumvented” earlier laws to bring in the Protocol.

He added: “The implications for devolution are explosive.”

Sinn Fein MLA Declan Kearney said: “There is no credible alternative to the Protocol.”

He added: “It’s ironic that the Tory/DUP cheerleaders of Brexit are now so opposed to the Protocol that was made necessary by their reckless pursuit of a hard Brexit. 

“The majority of MLAs, businesses and people across society want it to work… The political focus now needs to shift onto the real-world priorities of making the Protocol work smoothly.”

‘STUDY IN DETAIL’

Prime Minister Boris Johnson said the government would “study in detail” the High Court ruling.

It is understood the judgement will be appealed to the UK’s Supreme Court.

In parliament DUP MP Ian Paisley asked him if the government would “reverse the mistakes of the Northern Ireland Protocol, seize the moment, defend the union to unilaterally fix and put Northern Ireland out of its commercial, social and economic misery”.

Alliance MP Stephen Farry asked Mr Johnson to accept the ruling as a “watershed where we can stop talking about the protocol in constitutional and identity terms”.

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Mr Johnson said: “Nothing will affect the position of Northern Ireland as part of the UK.

“We will make sure we uphold that.”

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Sinn Fein’s Declan Kearney said focus should now turn to ensuring the Protocol can ‘work smoothly’Credit: PA:Press Association

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Unionists are opposed to the trade border in the Irish Sea which has been established under the terms of the Northern Ireland Protocol.Credit: Getty Images – Getty

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A week of loyalist rioting in parts of Northern Ireland in April has been linked to tensions arising from the ProtocolCredit: PA:Press Association