DUP peer: NI governed by EU jurisdiction - not UK sovereignty - on legacy, immigration and asylum

Sir Jeffrey Donaldson welcomed the Safeguarding the Union command paper saying the package “safeguards Northern Ireland’s place in the Union” – but there are question marks over the ability of the UK parliament to legislate for Northern Ireland in a number of areas.
By David Thompson
Published 29th Feb 2024, 17:29 BST
Northern Ireland Secretary Chris Heaton-Harris and DUP leader Sir Jeffery Donaldson at Hillsborough Castle hold the agreement, called ‘Safeguarding the Union’ on January 31. Photo: Niall Carson/PA WireNorthern Ireland Secretary Chris Heaton-Harris and DUP leader Sir Jeffery Donaldson at Hillsborough Castle hold the agreement, called ‘Safeguarding the Union’ on January 31. Photo: Niall Carson/PA Wire
Northern Ireland Secretary Chris Heaton-Harris and DUP leader Sir Jeffery Donaldson at Hillsborough Castle hold the agreement, called ‘Safeguarding the Union’ on January 31. Photo: Niall Carson/PA Wire

The DUP have now distanced themselves from one pledge in the command paper, which claims that the Windsor Framework doesn’t extend EU rights laws to Northern Ireland.

And Lord Dodds has told the government that Northern Ireland will now be governed by the effects of EU jurisdiction, not UK sovereignty, in a number of areas.

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In a statement to the BBC, a DUP spokesperson said the High Court judgement on the Legacy Act “confirms that the concerns previously raised by us in the House of Commons, during both the debate on the Legacy Bill and latterly on the Rwanda Bill, were legitimate and valid.

"The government maintains a position that Article 2 should be narrowly interpreted and does not apply to rights-based issues. The view was reaffirmed in their recent Command Paper. It will be for the Government to take all necessary steps, including robustly challenging this court ruling through appeal to the higher courts, to remedy this situation.

The party said they had related concerns to the Government.

Questions over the extent of UK parliamentary sovereignty in Northern Ireland extend to a number of areas – including trade, immigration and where EU rights enshrined in the Windsor Framework clash with UK legislation.

The UK government has claimed on numerous occasions that the Windsor Framework does not prevent Westminster legislating for Northern Ireland on issues such as the Rwanda Bill. The News Letter asked the government on Wednesday if it could point to any court judgements supporting its position. There has so far been no response.

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Responding to the legacy judgement, Lord Nigel Dodds has tabled a series of questions. He has asked what assessment the government has made of the judgment and how its claim in the Safeguarding the Union deal that “the Windsor Framework applies only in respect of the trade in goods” is compatible with it. When tabling his reasoning, the DUP peer said the government must start being more open and transparent about the reality of the legal effects of EU sovereignty in Northern Ireland.

The DUP peer has also questioned the government on whether it has assessed the judgement’s effect on the Rwanda Bill. He said Northern Ireland will be governed by the effects of EU jurisdiction, not UK sovereignty, not just on legacy, but also on immigration and asylum issues.

Related topics:DUPJeffrey DonaldsonNorthern IrelandNigel DoddsQuestionsHigh CourtHouse of CommonsBBC

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