Northern Ireland Protocol and the Good Friday Agreement: 'The Union is not as safe as we were told in 1998' say leading unionists - including from UUP, DUP, and TUV

A group of unionists have declared that yesterday’s milestone judgment from the UK Supreme Court exposes the extent of damage the NI Protocol has wreaked on Northern Ireland’s constitutional position, despite the safeguards of the 1998 Belfast Agreement.

By Adam Kula

Published 9th Feb 2023, 10:38 BST

Updated 9th Feb 2023, 10:53 BST

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The comments appear in a piece written for the News Letter jointly by Jim Allister, Steve Aiken, Baroness Foster, Ben Habib, Baroness Hoey, and Sir Jeffrey Donaldson.

You can read it at the link at the bottom of the page.

It comes after the court ruling brought a two-year-long court case challenging the legality of the protocol to an end.

In rejecting the challenge, the judges nonetheless found that a key part of the Acts of Union had been “in effect suspended” thanks to the protocol.

It also found that The Northern Ireland Act, which gave effect to the 1998 Good Friday deal, only regulates one specific aspect of the Province’s constitutional status – namely, whether it formally remains within the UK, or becomes part of a united Ireland.

In their article in the News Letter, the unionist group said: “The adjudication by the Supreme Court yesterday confirmed unequivocally our fears of the damage done by the protocol …

“Cross-community consent is a cornerstone of the Belfast Agreement.

(left to right) DUP leader Sir Jeffrey Donaldson, Baroness Kate Hoey, and former first minister Dame Arlene Foster outside the UK Supreme Court in London, where judges are delivering a ruling on the lawfulness of the Northern Ireland Protocol. The legality of the contentious trading arrangements has been challenged by a collective of unionists and Brexiteers. The protocol, which is a key aspect of the Brexit Withdrawal Agreement, was jointly designed by London and Brussels to keep Ireland's land border free flowing following the UK's departure from the EU. Picture date: Wednesday February 8, 2023. PA Photo. Arguments were considered by the UK's highest court at a two-day hearing last year after the Court of Appeal upheld a ruling in Belfast High Court dismissing the legal challenge. See PA story COURTS Brexit. Photo credit should read: Aaron Chown/PA Wire

(left to right) DUP leader Sir Jeffrey Donaldson, Baroness Kate Hoey, and former first minister Dame Arlene Foster outside the UK Supreme Court in London, where judges are delivering a ruling on the lawfulness of the Northern Ireland Protocol. The legality of the contentious trading arrangements has been challenged by a collective of unionists and Brexiteers. The protocol, which is a key aspect of the Brexit Withdrawal Agreement, was jointly designed by London and Brussels to keep Ireland's land border free flowing following the UK's departure from the EU. Picture date: Wednesday February 8, 2023. PA Photo. Arguments were considered by the UK's highest court at a two-day hearing last year after the Court of Appeal upheld a ruling in Belfast High Court dismissing the legal challenge. See PA story COURTS Brexit. Photo credit should read: Aaron Chown/PA Wire

“That a major constitutional change could be imposed on Northern Ireland without that consent is not only instructive of government’s attitude to the integrity of the country and its pledges to the British people.”

The case shows “the principle of consent is not the safeguard unionism was promised in 1998”.

Lord Bew also writes for the News Letter today, saying that while the constitutional position of NI is unchanged, but that the protocol must be made to compatible with the Belfast Agreement “in all its parts”.

A government spokesperson told this newspaper last night: “We welcome that the Supreme Court has reaffirmed the sovereignty of Parliament in approving and legislating for the agreement negotiated in 2019.

"However, this does not change our determination to address the real problems the protocol is causing ... Intensive talks with the EU continue to that end.”

Read the whole piece from Dr Aiken, Sir Jeffrey, Ben Habib, and others, at this link:

• Protocol challengers: The UK’s highest court has confirmed our fears about the constitutional impact of the Irish Sea border

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• Protocol latest: DUP leader asks Tory NI Secretary if he 'understands Northern Ireland is in the UK'

Northern Ireland Northern Ireland Protocol Steve Aiken DUP Jeffrey Donaldson