Council says elected politicians can't debate anti-Protocol motion because it is ‘unlawful’

By Adam Kula
Published 18th Oct 2022, 17:33 BST
Updated 18th Oct 2022, 20:37 BST
Jamie Bryson (centre) takes part in a rally against the Northern Ireland Protocol at Carlton Street Orange Hall, Portadown, in County Armagh, Northern Ireland. Picture date: Wednesday February 23, 2022.Jamie Bryson (centre) takes part in a rally against the Northern Ireland Protocol at Carlton Street Orange Hall, Portadown, in County Armagh, Northern Ireland. Picture date: Wednesday February 23, 2022.
Jamie Bryson (centre) takes part in a rally against the Northern Ireland Protocol at Carlton Street Orange Hall, Portadown, in County Armagh, Northern Ireland. Picture date: Wednesday February 23, 2022.
Jamie Bryson aims to get a judge to overturn a decision by Ards and North Down Borough Council to block a motion on the Northern Ireland Protocol, on the basis that it would be “unlawful”.

The loyalist activist has sent a “pre-action” letter to the council, proposing that the decision be judicially reviewed.

It relates to a motion brought forward by a trio of DUP councillors – Naomi Cotter-Armstrong, Colin Kennedy, and Stephen McIlveen – which was due to be discussed in a meeting on Wednesday night.

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The motion said this: “That this council adopts a policy of non-implementation of the Northern Ireland Protocol; instructs officers to carry out a review of all policies and agreements to which the council is a party which relate to the said Protocol and provides a report to council on foot of this review to show how implementation is no longer taking place.”

Mr Bryson claimed that the decision to ditch the meeting had been made by night before by the unelected management of the council, not by elected members.

When Mr Bryson’s comments were put to it tonight, the council told the News Letter: “Having considered legal advice in relation to a proposed motion on the non-implementation of the Northern Ireland Protocol, the council has, in line with its standing orders, cancelled tonight’s special council meeting as the proposed motion is considered to be unlawful.”

Mr Bryson rejected the Council’s stance adding: “That simply isn’t going to fly.”

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His pre-action letter says: “It hardly appears necessary to dilate in great detail on the point that merely considering a motion could not be unlawful, even if one potential outcome would be that the effect that, if passed, it would potentially give rise to the council acting unlawfully.

"The motion could, for example, be defeated. Therefore, no illegality would ever occur

"However, there is a further substantive error in the decision. It is premised upon the basis that a policy of non-implementation of the Protocol would be ‘unlawful’...

“The true position is that Ards and North Down Borough Council have no statutory obligations to implement the Protocol or to do anything under its provisions.”

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Related topics:Jamie BrysonCouncilNorthern Ireland ProtocolProtocolDUP