Ben Habib: The 1998 Agreement was a cave-in to the IRA – and now it lies dead thanks to the Protocol

The Northern Ireland Protocol has killed the Belfast (Good Friday) Agreement.
By Ben Habib
Published 31st Mar 2022, 05:26 BST
17/04/1998: A woman reads about the Belfast Agreement, which had been struck a week earlier, ahead of the May 22 referendum; Mr Habib writes here that the reason ‘peace has endured’ is that unionists put up with concessions on the assurance that NI’s place in the UK would not change without consent17/04/1998: A woman reads about the Belfast Agreement, which had been struck a week earlier, ahead of the May 22 referendum; Mr Habib writes here that the reason ‘peace has endured’ is that unionists put up with concessions on the assurance that NI’s place in the UK would not change without consent
17/04/1998: A woman reads about the Belfast Agreement, which had been struck a week earlier, ahead of the May 22 referendum; Mr Habib writes here that the reason ‘peace has endured’ is that unionists put up with concessions on the assurance that NI’s place in the UK would not change without consent

Many of us saw the Belfast Agreement as the snatching of defeat from the jaws of victory. By 1998 the IRA were beaten. They and their political arm only came to the table because they had no option.

Instead of pressing home our victory, Tony Blair rewarded their terrorism. Past crimes were forgiven; terrorists were brought into government. There was no balance. British soldiers, doing their job for Queen and country, are still being pursued for actions taken over 40 years ago.

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It is commonly accepted the Belfast Agreement has held the peace in Northern Ireland. That view is wrong.

Ben Habib speaks during an anti-Northern Ireland Protocol rally and parade, organised by North Antrim Amalgamated Orange Committee, in Ballymoney, Co Antrim. Picture date: Friday March 25, 2022.Ben Habib speaks during an anti-Northern Ireland Protocol rally and parade, organised by North Antrim Amalgamated Orange Committee, in Ballymoney, Co Antrim. Picture date: Friday March 25, 2022.
Ben Habib speaks during an anti-Northern Ireland Protocol rally and parade, organised by North Antrim Amalgamated Orange Committee, in Ballymoney, Co Antrim. Picture date: Friday March 25, 2022.

Peace has endured because, irrespective of its injustices, unionists have abided by it. It is the goodwill of unionism that has maintained the peace.

Their adherence to this iniquitous agreement was based on one fundamental promise within it: the constitutional arrangements of Northern Ireland would not be varied without their consent.

The Protocol has broken that promise. It has been foisted on Northern Ireland in spite of unionist opposition.

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When the Prime Minister says the problems of the Protocol can be fixed with a degree of pragmatism and common sense, he is indulging an ever-looser association with the truth.

He well knows the very act of Parliament that underpinned the Belfast Agreement had to be varied to make way for it. The vital principle of cross community consent was, with respect to the Protocol, struck out of the Northern Ireland Act 1998.

My fellow litigants and I challenged this, amongst other of its aspects. Twice now the courts in Belfast have ruled the birth of the Protocol did not require unionist consent.

Twice they have ruled the government had the right to strip unionists of their say. If that is the case, there can no longer be any reason for unionists to support the Belfast Agreement.

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Successive British governments have taken unionists for granted. They have repeatedly prevailed on their loyalty when giving in to nationalist demands, often obtained with menaces.

That is precisely how the Republic and the EU cowed Westminster into the Protocol. They, more particularly Leo Varadkar, told us if a customs border is placed at the border between the Republic and Northern Ireland, violence would ensue. The Prime Minister should never have given into that threat.

Instead, he took the path of least resistance and surrendered over to them part of the United Kingdom.

For nine months the government has maintained the conditions required to invoke the safeguarding measures of Article 16 in the Protocol have existed and yet it has done nothing. Again, it has been cowed by the EU’s threat of counteractions and sanctions.

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Frankly, the time to invoke Article 16 has all but gone. Even if by some miracle the government developed the courage to do so, it would be too little too late. Now the cat is out of the bag.

Unionists know the Belfast Agreement only works for the protection and promotion of nationalism. It tramples on unionism. Its promise of the right of consent was a lie.

Nothing short of a complete denunciation of the Protocol will suffice. The customs border must be put at the border between the Republic and Northern Ireland. The rule of the EU must be removed from Northern Ireland – completely.

Customs checks need not be instituted on our side of the border (just as the Irish Sea border is not being policed on the GB side).

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If the Republic and the EU wish to build customs installations on their side, well, that would be their prerogative. If these offend the IRA, well, that would not be our problem.

And if the IRA decided to bring their illegal violence north of the border it would be entirely correct for our police force to treat them as they do any common criminal.

The Protocol is the illegitimate love child of the Belfast Agreement.

That agreement died on the birth of its child.

It is high time to restore Northern Ireland’s place within our United Kingdom.

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– Mr Ben Habib is a British Pakistani-born property magnate and prominent Brexiteer, who regularly travels to NI to speak at rallies. He was previously a Brexit Party MEP

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Related topics:IRABen HabibNorthern IrelandBelfastQueen