Letter: ​DUP must apply first of seven tests before agreeing to any deal to going back into government

They have repeatedly said, and included as the first of their seven key tests, that the central measurement by which judge if this has been secured is whether Article 6 of the Acts of Union is restored, and that means it has been freed from its current subjugation and suspension.

It is obvious therefore that if that objective is desired destination- which is the only destination which would enable a restoration of power sharing- then it is prudent to exhaustively identify the available routes to achieving that objective.

The first thing to say is that to restore the Union, the Protocol and Framework needs to be removed, or otherwise fundamentally gutted such as was envisaged in the Protocol Bill.

There are only three routes to achieving that: (i) disapplying section 7A of the European Union (Withdrawal) Act 2018; (ii) altering the UK-EU agreement at treaty level by consent; (iii) triggering Article 16 and disapplying the Protocol.

So the first question asked of any DUP proponent of whatever ‘deal’ they claim to have secured is simple: which one of those routes does the deal travel?

If the answer is none, then as a matter of legal reality, the Protocol and Framework- and thus the Irish Sea border and subjugation of Northern Ireland’s place in the Union- remains with unabated force.

And it follows, that any unionist returning to Stormont on that basis- regardless of intellectually dishonest and insulting “patriotic rebrands” or ‘magic trick’ legislation which would also fall under the jackboot of section 7A and thus be ineffective- is accepting the Irish Sea border, and moreover is becoming an implementer of it.

Those who say no could always say yes if conditions changed and there was a better arrangement for unionism, but those who say yes can never again say no. They have accepted the Protocol Framework, and all the constitutional damage it inflicts, regardless of any vacuous claims otherwise.

If any of those advocating a deal wish to content any of the points made in this letter, or produce a legal opinion stating that I am wrong, and that there is any other way to remove the Protocol Framework, then please do respond and point out precisely where I am wrong.

Jamie Bryson, NI director, Centre for the Union