It is premature for any unionist to even consider a return to Stormont

When our new prime minister is appointed by the Queen today she will discover a tsunami of challenging issues on her plate.

The protocol is the one which is of critical importance for Northern Ireland and hence for the continued health and vibrancy of the Union.

The action that must be taken is clear — invoke Article 16, followed by expediting the passage of the protocol bill through the House of Lords then thereafter promptly invoking the enabling powers contained therein to restore free trade within the UK.

It would also be helpful to withdraw opposition to the unionist case that the protocol breaches the Act of Union when the appeal comes before the Supreme Court later this year.

Recent observations from the secretary of state and his team do little to build confidence in their absolute determination to deliver what is required!

In my years as a commercial lawyer I never entered into negotiation making such a diffident statement. The NIO comments are indicative of a spirit of defeat rather than one of determination. References to ‘fixing the protocol’ demonstrate a failure to appreciate that the protocol, however packaged and disguised, will never win acceptance from the British community in Northern Ireland.

The protocol itself is now, and always has been, the problem. It has re-created an unbridgeable schism between unionist and nationalist parties that the Good Friday Agreement had till 2019 revolved by guaranteeing constitutional certainly. The longer the protocol poisons political discourse the longer it will take to restore any meaningful devolution.

Restoration of devolution and its timing in truth rests in the hands of the Liz Truss. The sooner the protocol is unwound the sooner devolution can be restored. The secretary of state’s desire to see this by the end of October is looking more than a tad optimistic.

The British community in NI requires nothing short of full and equal citizenship, with full trading rights throughout the United Kingdom. No form of second class or diminished citizenship can ever be acceptable to any self-respecting community.

Once full and equal citizenship is restored the case for the maintenance of the Union becomes unanswerable — our case will be a ‘slam dunk’! However until full citizenship is restored unionists are left to argue the case for the Union with one hand tied behind their back. The realisation of this is the reason why Sinn Fein, and their fellow travellers, are fighting so hard for the protocol notwithstanding the damage it is doing the Northern Ireland economy and the extent to which it exacerbates the inflationary pressures facing people resident in NI.

Currently it is absolutely premature for any unionist to even consider a return to Stormont or the executive. The sad experience of unionists is that Conservative governments have always betrayed them in the end, as powerfully demonstrated by the protocol itself.

There is no doubt that the new prime minister is capable of delivering on this goal – time alone will tell whether they have the courage and determination to stay the course. They will be disappointed if they hope for any help from Dublin.

Once again Jim Allister hit the right note on Saturday when he reminded readers that “now is the time for unionists to hold their nerve”.

Make no mistake the outcome of the battle to neutralise the protocol will itself determine the future of the Union.

Jeremy Burchill, Yorkshire

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