Donaldson invokes 1800 Act of Union in appeal to ‘passionate unionist’ Gove

It came shortly after Mr Gove said the UK had assured the EU that it will speedily construct border infrastructure in Foyle, Belfast, Warrenpoint and Larne.

He was speaking in the Commons to answer questions about a deal struck this week with the EU about Northern Ireland’s position regarding its alignment with the UK from January 1, when the temporary transition period for Brexit ends.

Sir Jeffrey Donaldson began by saying that he knows Mr Gove is “passionate” about the Union.

He then went on to note Article Six of the Act of Union, drawn up to unite what was then the whole island of Ireland with Great Britain.

It says: “Subjects of Great Britain and Ireland to be on same footing from 1 Jan. 1801.

“No duty or bounty on exportation of produce of one country to the other.

“All articles the produce of either country shall be imported free from duty.

“Produce of either country, subject to internal duty, shall on importation into each country be subject to countervailing duty.

“Same charges on produce of either country exported through the other.”

He added: “Safeguarding the Union is not a three month, six month, or three-year project, Mr Speaker. It’s an enduring commitment.”

He asked Mr Gove whether he will, “if necessary”, introduce safeguard measures to ensure “unfettered access in both directions” between GB and NI.

Specifically he cited Article 16 of the Irish protocol: “If the application of this Protocol leads to serious economic, societal or environmental difficulties that are liable to persist, or to diversion of trade, the Union or the United Kingdom may unilaterally take appropriate safeguard measures.”

Mr Gove said: “We no longer need to use those provisions because of the agreement we’ve reached.”

The government has repeatedly said it will not allow a border down the Irish Sea.

Confusingly, Mr Gove both indicated that checks already take place between NI and GB, and also said that infrastructure for such checks are in the process of being built.

He told MPs: “Border infrastructure is there to ensure that sanitary and phytosanitary checks can be made... the House knows it’s already the case that the island of Ireland is a single epidemiological zone.

“And therefor when live animals move from GB to NI there are physical checks.

“There will be border facilities in order to ensure that these limited and proportionate SPS checks can be carried out at the Port of Foyle, Warrenpoint, Belfast and Larne... and we’ve reassured the Commission and indeed others about the speed and effectiveness with which the necessary limited infrastructure will be in place.”

A joint statement from Michael Gove on Tuesday, alongside EU commission vice-president Maroš Šefčovič, said the Protocol on Northern Ireland “protects the Belfast (Good Friday) Agreement in all its dimensions, maintaining peace, stability and prosperity on the island of Ireland”.

The statement said: “Following intensive and constructive work over the past weeks by the EU and the UK, the two co-chairs can now announce their agreement in principle on all issues, in particular with regard to the Protocol.”

There was deep concern from unionists on Tuesday night after the government dropped clauses from the Internal Markets Bill, which had reassured Northern Ireland of certain limits to the coming Irish Sea border.

The government had said in view of “mutually agreed solutions”, it will withdraw clauses 44, 45 and 47 of the UK Internal Market Bill – which could have overridden the Withdrawal Agreement.

Clause 44 “gives UK ministers the power to make provisions about the application of exit procedures to goods moving from NI to GB”, according to a Parliamentary document.

Any provision made using this power may provide for requirements arising as a result of “any international or domestic law, not to be recognised, available, enforced, allowed or followed”.

Clause 45 lets the Secretary of State to make provision about how State aid rules are to be interpreted.

And Clause 47 “states that regulations made under clauses 44 and 45 cannot be deemed to be unlawful on the basis of incompatibility with international or domestic law,” says the Parliamentary paper.

“For instance, any regulations made under clause 45 will have effect, regardless of any relevant international or domestic law with which they are incompatible or inconsistent.

“Thus, if enacted, clause 47 means that the Government could use the delegated powers just described to overturn commitments entered into not just by means of the Protocol, but also by means of the Withdrawal Agreement—regardless of whether or not those commitments have previously been implemented in primary legislation.”

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