Nigel Dodds: It turns out the Stormont brake mechanism is unworkable, despite the promises of the secretary of state Chris Heaton-Harris

(Scroll down for letter from Kate Hoey, article by haulier Paul Jackson, editorial criticising Chris Heaton-Harris)

So the much trumpeted ‘Stormont brake’ turns out not to be what the Secretary of State promised. What a surprise! Overblown and windy statements by the current NIO chief being quickly followed by the sound of hot air disappearing from the punctured balloon is now common place. The so called brake mechanism is of course unworkable in its own terms. But the fundamental point is that the hundreds of areas of EU law establishing the EU single market in Northern Ireland and the application of the EU customs code are not touched by the ‘Stormont brake’ at all. It is this superstructure of foreign laws which we have no control or power to amend that is at the heart of the problem.

And what is proposed to change under the prime minister’s new deal insofar as that is concerned? Precisely nothing. We are left in the same position as before. Not a line changes. At present there is to be a vote in the assembly in 2024 ( not now or before it was implemented) on whether to keep NI subject to foreign jurisdiction.

But in December 2020 by a Statutory Instrument, not even primary legislation, they changed the assembly voting rules to ensure the outcome they want. They removed the cross community voting mechanism and replaced it with a straight majority vote.

So for every key important vote in the assembly there is a cross community vote or one that is capable of being turned into one by petition of concern. But not here. Not on the most crucial vote of all. Even the ‘Stormont brake’ includes a cross community vote but the government permitted that because it doesn’t really affect the underlying bedrock of EU law. If its good enough for the brake, and for every other key vote, why not for the protocol itself?

Having handed over the choice to the assembly they should do so on the basis of the rules of the assembly not rig the vote in advance. The areas affected by the protocol are mainly devolved so the need to adhere to assembly rules on cross community voting is indisputable.

The failure to amend or reform the vote on whether we should be subject to laws beyond our control is one of the most glaring basic fatal flaws in the deal. It seems consensus is desirable on everything else except on the protocol. The EU and the Irish government must rule supreme regardless of the damage done to the institutions set up under the Belfast Agreement as amended by the St Andrews Agreement.

Lord Dodds, Ex DUP MP and deputy leader, Westminster

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Editorial: So much for the feared Brexiteer and unionist, Chris Heaton-Harris

Ben Lowry: It has been a winding route to defeat for unionists over the Irish Sea border