Protocol latest: Donaldson tells News Letter his 'seven tests' remain the key as UK/EU deal mooted 'within weeks'

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Sir Jeffrey Donaldson has stressed that his “seven tests” remain the benchmark by which the DUP will judge any Protocol deal as he indicated that agreement could be mere weeks away.

But the DUP leader also said “significant gaps” remain between the two sides and negotiations could take longer.

He was speaking after the Irish foreign minister (and erstwhile taoiseach) Micheal Martin was in Northern Ireland for meetings with political leaders.

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On the one hand, Mr Martin stressed his desire to heed unionist concerns.

DUP leader Sir Jeffrey Donaldson, speaks to the media in Lisburn, following his meeting at Stormont with Tanaiste Micheal Martin. Picture date: Friday February 3, 2023.DUP leader Sir Jeffrey Donaldson, speaks to the media in Lisburn, following his meeting at Stormont with Tanaiste Micheal Martin. Picture date: Friday February 3, 2023.
DUP leader Sir Jeffrey Donaldson, speaks to the media in Lisburn, following his meeting at Stormont with Tanaiste Micheal Martin. Picture date: Friday February 3, 2023.

But on the other, he said that “there can be no undermining of the constitutional status of Northern Ireland” – something which unionists insist has already blatantly taken place, and which is their chief complaint about the Protocol.

|– ‘WE COULD BE JUST WEEKS AWAY –|

In the wake of meeting Mr Martin, and following rumours earlier in the week about a looming deal between London and Brussels, Sir Jeffrey told the press on Friday afternoon: “My understanding is that on some of the technical issues, the UK and EU sides have reached a level of agreement but there are still significant gaps to be bridged.

“We hope we can get an outcome over the next few weeks that unionists as well as nationalists can support. It depends on the level of progress.

"We don’t yet know the progress made.

“This could land within the next few weeks.

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"I think, given that there are some major political issues still to be resolved, it could take longer.

“The important thing for me is the quality of the outcome, not the length of time taken.

“I was reassured to hear from both sides this week that they are not working to a deadline, they are working to try and get an agreement which commands support.”

|– SPECULATION STEMMED FROM THE TIMES –|

There was an explosion of speculation about a looming deal earlier in the week, when The Times of London ran a story headlined “Britain and EU set for Northern Ireland deal” on Wednesday.

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It said that a deal was sitting on Rishi Sunak’s desk, waiting to be signed off.

A big part of it was that “Brussels has accepted a proposal that would avoid the need for routine checks on products destined for the Province”.

The mechanism for doing this is “largely modelled on UK proposals for a system of green and red lanes,” the paper reported.

This is a reference to the idea of splitting traffic arriving off ships from GB into two queues – one green one if the cargo is destined solely for Northern Irish consumption, and a red one if the cargo is onward bound for the EU.

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The plan is that the green lane would be basically check-free, while port officials would check lorries in the red lane.

The Times went on to add: “Data on vehicle movements would be shared with the EU and the UK would agree to investigate any suspicious activity.”

Meanwhile it also claimed that the EU is ready to accept that the European Court of Justice will only rule on Northern Irish matters if the cases has first been referred to it by the courts in Belfast.

The Times report also added the big caveat that “a separate long-term agreement” would still need to be thrashed out for the movement of meat and live animals, “with the UK agreeing to uphold EU veterinary standards on goods exported to the Province”.

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|– ‘DEAL SET OUT IN THE TIMES WON’T DO’ –|

Asked if he is apprehensive about what the deal might be, he told the News Letter: “Any of the sources I’ve checked with have dismissed the speculation floated earlier in the week as being incomplete, insofar as I don’t think the negotiations are at the advanced stage that was being suggested.

"Obviously, we’re making our position clear to both sides: our seven tests remain the basis on which we will judge any agreement that emerges.”

Asked how optimistic he is that whatever deal is in the pipeline will meet those seven tests, he said: “We certainly need to see a lot more progress than was being mooted in the kite-flying exercise we saw earlier in the week.

"Certainly what was being talked about wouldn’t in itself meet the requirements unionists have in relation to a solution.”

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The DUP’s seven-strong checklist, which it unveiled about 18 months ago, and which formed part of its manifesto for the May 2022 election, is as follows.

Any deal must...

1 – Fulfil Article 6 of the Act of Union (which says all parts of the UK shall be under the same “regulations of trade, and liable to the same customs and duties”);

2 – Avoid any diversion of trade;

3 – Not constitute a border in the Irish Sea;

4 – Give the people of Northern Ireland a say in the making of the laws that govern them;

5 – Result in “no checks on goods going from NI to GB or from GB to NI” (and remaining in NI);

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6 – Ensure no new regulatory barriers develop between NI and the rest of the UK unless agreed by the Northern Ireland Executive and Assembly;

7 – Preserve the letter and spirit of Northern Ireland’s constitutional guarantee, requiring the consent of a majority of the people of NI for any diminution in its status as part of the UK.

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