Brussels says EU law is not negotiable - as the Secretary of State also signals it is here to stay

And the Secretary of State has told MPs that the government has committed to a certain number of EU laws in Northern Ireland – and says they have been an “economic benefit” to the province.

In yesterday’s News Letter, the DUP’s Sammy Wilson said that "the border between NI and GB needs to be eliminated”. The East Antrim MP said that the problems with the Windsor Framework could only be dealt with by keeping NI “in the remit of UK law, not EU law”. His argued that these issues need to be dealt with before Stormont returns.

In Westminster yesterday, Sir Jeffrey Donaldson emphasised processes at the sea border. The DUP leader asked the Secretary of State to work with him to ensure that “where goods are moving from Great Britain to Northern Ireland they are not subject to EU customs processes that are neither necessary or fair or right. Save for animal health and the risk of smuggling that there should not be checks on those goods”.

TUV leader Jim Allister said there has been a “dual reaffirmation” by the UK and EU of their commitment to the Windsor Framework. “When both our Protocol-implementing Secretary of State and the sovereignty-grabbing EU reaffirm that everything must happen within the confines of the Windsor Framework – which itself changed none of the ‘essential elements’ of the Protocol – then, it is clear no changes of substance are coming.

"Rather, it’s a question of trying to disguise the reality that the Union-dismantling fundamentals will remain through a continuing sea border and of EU law – the very things that put our Article Six foundation of the Union into abeyance”.

In Northern Ireland questions at Westminster yesterday, Chris Heaton-Harris was asked by Tory MP Jonathan Gullis if he accepted that “for as long as there are customs declarations, physical searches and ID checks on businesses moving goods from Great Britain into Northern Ireland – even in the green lane – that the Prime Minister’s view of there being no sense of a border in the Irish Sea will ring hollow”.

The Secretary of State responded saying he did not accept that. “When we agreed to the Windsor Framework we committed to a certain number of EU laws being maintained in NI which has been of economic benefit to Northern Ireland even up to this point. And will continue to be in the future”.

Sir Jeffrey described Mr Gullis’s question as “excellent” and said that the DUP’s objective is to ensure that “Northern Ireland’s place in our biggest market – the United Kingdom – is restored and protected in law”.

Mr Heaton-Harris said he looked forward to “continued engagement” with Sir Jeffrey in the next few days. “Because we do need to find a resolution for these issues. It also means that we can reform Stormont and deal with other domestic issues in Northern Ireland”, he said.

For EU law to be removed – or the fundamentals of the Windsor Framework to be altered in any way – it would require the involvement of the European Commission. However, the EU has repeatedly ruled that out. The News Letter asked the commission whether there had been any discussions with the UK government on changes, and whether NI remaining under EU law was negotiable. They said: “As per every statement since February this year, the EU and the UK have jointly agreed to fully implement the Windsor Framework. It is not open for renegotiation”.

The loyalist Jamie Bryson – who has so-far been supportive of the DUP’s strategy on the Irish Sea border – welcomed Sir Jeffrey Donaldson’s commitment to deal with customs processes for goods moving inside the UK. However, he argues it can only be done by removing the Windsor Framework. He said that as the rules came about through a Windsor Framework joint committee decision, “to achieve this, the Windsor Framework must be fundamentally changed. There is no other way to do this”.

Meanwhile, Sinn Fein’s Michelle O’Neill says she has been engaged with the British and Irish governments throughout. Ms O’Neill, who would be first minister in a restored executive, said “we need to make sure that there’s nothing that unravels the deal that’s been done on the protocol in the form of the Windsor Framework”.