No self respecting unionist or democrat should validate “illegitimate” Protocol vote - Baroness Hoey

The crossbench peer told the House of Lords that ​Stormont is set to hold “the most controversial” and “the most consequential” vote in its 103-year history later this year.

MLAs will vote on the Windsor Framework before the end of the year, but Baroness Kate Hoey says the deal represents “a deep injustice” – and the division of the UK in two by the EU, who have “chosen to disrespect the territorial integrity of the UK”.

She said the majority vote on Articles 5-10 of the framework is a departure from the established cross-community voting system on controversial issues which was introduced under the Belfast Agreement.

Lady Hoey told the House of Lords: “In 1972, it was determined that, in the future, it would be wrong to force on a reluctant community majority voting on controversial issues at Stormont.

“There have now been no majority votes on matters of controversy at Stormont where any community has objected for over 52 years.

“And yet on 31st of this month, less than two weeks away, the Secretary of State for Northern Ireland is required to send a message to the Assembly asking it to vote on the most controversial proposition to ever come before Stormont in 103 years.

“The motion will be to endorse Articles 5-10 of the Windsor Framework.”

She argued that the practical effect of voting in favour would be the “endorsing of an all-Ireland single market for goods and thus the removal of Northern Ireland from the UK single market for goods”.

She said that it would also create a legislative framework where the EU dictates the rules of this single market, without input from Northern Ireland or the UK, and that it would “renounce the rights” of people in Northern Ireland to be represented in the legislature making these laws.

The former Labour MP said: “It’s a hugely controversial and frankly indecent proposition, because no elected politician should be asked to renounce the rights of their constituents to be represented in the legislature making the laws to which they are subject.

“This is to be dealt with by majority vote. The EU pushed for this not to be a cross-community vote and the last government meekly folded, supported I have to say by the Labour opposition.”

Lady Hoey urged the Government to bring forward emergency legislation to put a stop to the “most controversial vote at Stormont in its history and the first on the controversial majoritarian basis for over 52 years”.

She concluded: “The vote will effectively silent unionism on the most consequential decision to ever have come before Northern Ireland’s legislature in the history of the province.”

Her comments came as the House of Lords debated new regulations related to the Windsor Framework and the trade of certain food products.

Former SDLP leader Baroness Ritchie of Downpatrick said that Northern Ireland requires “special status”, due to unique trading and other relationships, and that this manifests itself in the Windsor Framework, which grants “dual access” to the EU and UK markets.

She argued that, where there are “imperfections” with some areas of trade, they need resolution through open dialogue and negotiation.

The non-affiliated peer added: “Having listened to Baroness Hoey, I note the desire to challenge every piece of secondary legislation on the Windsor Framework as an attack on the constitutional integrity of the UK.

“If I may say so, I think this is a little bit disingenuous because, notwithstanding the Windsor framework, and notwithstanding shall we say my own political position, Northern Ireland remains within the UK”.