Jim Allister: ​Unionists should be wary – the protocol noose is tightening

The fact that moving goods from Northern Ireland to Great Britain is now classified as “importation” is telling confirmation of the constitutional and economic detachment wrought by the protocol.

I have always contended that for the protocol to work - as intended by the European Union - it will ultimately fetter our trade in both directions with Great Britain, compounding the trashing of Art 6 of the Acts of Union.

Now, already, this is unfolding, despite the Internal Market Act and the lying promises of HMG.

The protocol is riddled with hidden booby traps. One such is Art 5(5).

It says:

“Articles 30 and 110 TFEU shall apply to and in the United Kingdom in respect of Northern Ireland. Quantitative restrictions on exports and imports shall be prohibited between the Union and Northern Ireland.”

Articles 30 and 110 of the Treaty on the Functioning of the EU decree there can be no customs, duties and thus checks on goods flowing from one member state to another.

By applying these provisions to Northern Ireland the protocol confirms Northern Ireland as EU territory governed by its trading laws and to underscore the effect the protocol expressly prohibits restrictions on trade between the EU and Northern Ireland.

Thus, in the likely event of EU goods seeking to flood the UK market, no checks or restrictions can operate at their point of entry, namely the international frontier on the island of Ireland, pushing those checks and restrictions to Great Britain ports in receipt of goods coming from Northern Ireland.

Hence, the methodology by which restrictions on Northern Ireland to Great Britain trade will evolve and grow, not least in circumstances where the UK does trade deals with foreign countries and the terms thereof carry assurance to them that their imports will be protected from unfair competition from the EU.

Thus what has been experienced in recent times is but the beginning of the strangling of the internal UK trade on which our economy depends and which Art 6 of the Acts of Union was supposed to guarantee could never happen.

But, as the Supreme Court ruled, the protocol trumps Art 6 and puts it into suspension, leaving us pawns in the EU’s power grab.

Moreover, anyone who thinks they can legislate to overcome the iniquities of the protocol, even in respect of Northern Ireland to Great Britain trade, clearly, has not understood the supremacy afforded to the iniquitous protocol by the Supreme Court. Only the abrogation of the protocol can deliver us.

When Northern Ireland trade with Great Britain is fettered in both directions, then the scene is well set for the completion of economic unification in Ireland, awaiting its bride of political unification.

No unionist can or should be its bridesmaid by operating the Union-dismantling protocol.

Jim Allister is leader of the Traditional Unionist Voice.