​Protocol / Windsor Framework latest: Pledge to alter 1998 Northern Ireland Act ‘shows union left at risk’ says Jim Allister

​A promise by the government to re-write part of the Northern Ireland Act 1998 – the foundational piece of law underpinning the Good Friday Agreement – is yet more evidence that the Union is current at risk.
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​That is the view from TUV leader Jim Allister, reacting to a pledge by Northern Ireland Secretary Chris Heaton-Harris to re-jig the 1998 Act in some unspecified way to shore up Northern Ireland's place in the Union.

All of this comes at the end of one of the most tumultuous political weeks in recent memory, with the government having published its revised version of the Protocol on Monday, and politicians and journalists scrambling to digest the stacks of paperwork involved.

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Whilst both the DUP and UUP have reserved judgement on the new deal – officially being referred to as The Windsor Framework – it has already run into stiff criticism from strongly anti-Protocol politicians and activists including Ian Paisley, Jamie Bryson, and Mr Allister himself.

Mr Heaton-Harris went on Good Morning Ulster on Friday to expound on what he saw as the virtues of the new deal, which some have described as simply a re-branding exercise for the Protocol which has left its worst aspects intact.

Mr Heaton-Harris told the show that the new deal is “unbelievably different and novel in just about every way".One key aspect of it is the Stormont Brake.

This is a measure whereby 30 MLAs who are unhappy with a new or amended piece of EU law destined for Northern Ireland can appeal to the UK government to have it suspended.

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The UK government will then decide in consultation with the EU whether or not to block the law for good.

File photo dated 19/01/23 of Northern Ireland Secretary Chris Heaton-Harris, who will meet political and business stakeholders during a visit to the US. Mr Heaton-Harris is leaving on Sunday for the five-day trip to Washington, Boston and New York during which he will also attempt to drum up investment opportunities for Northern Ireland. Issue date: Sunday January 22, 2023.File photo dated 19/01/23 of Northern Ireland Secretary Chris Heaton-Harris, who will meet political and business stakeholders during a visit to the US. Mr Heaton-Harris is leaving on Sunday for the five-day trip to Washington, Boston and New York during which he will also attempt to drum up investment opportunities for Northern Ireland. Issue date: Sunday January 22, 2023.
File photo dated 19/01/23 of Northern Ireland Secretary Chris Heaton-Harris, who will meet political and business stakeholders during a visit to the US. Mr Heaton-Harris is leaving on Sunday for the five-day trip to Washington, Boston and New York during which he will also attempt to drum up investment opportunities for Northern Ireland. Issue date: Sunday January 22, 2023.

It is only supposed to be used for laws which will have a "significant" impact. However, there is no agreed definition of what "significant" means.

Mr Heaton-Harris said that in “the next few days” the government is going to “codify” exactly how the Stormont Brake will work.

One thing the Stormont Brake will not do is alter a tranche of existing EU laws which are already in place, but Mr Heaton-Harris said that keeping those had been “the bare minimum required” to get the new deal past the EU.

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But as well as furnishing more details on the Stormont Brake, Mr Heaton-Harris also promised to re-write the Northern Ireland Act 1998.

This crucial act was basically the Good Friday Agreement translated into legislative language, giving that political deal legal force.

It already contains pledges on the Union. In fact the very first line of the very first clause reads: “It is hereby declared that Northern Ireland in its entirety remains part of the United Kingdom and shall not cease to be so without the consent of a majority of the people of Northern Ireland voting in a poll...”

However, following a recent judgement by the UK Supreme Court which found that the part of the Acts of Union 1800 governing equal economic rights across the UK had been effectively suspended by the Protocol, some unionists questioned the assurances they had been given in 1998 about the Good Friday Agreement safeguarding the Union.

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"We are clear that Northern Ireland's place in the United Kingdom is secure," Mr Heaton-Harris told the radio show on Friday.

"So we'll be looking to bring forward amendments to the Northern Ireland Act of 1998 to provide further assurances on that matter."

"So what does that mean?" he was asked by the presenter. "What kind of reassurances can you offer?"

He replied: "There's huge concerns amongst unionists and we believe that we can, through the Northern Ireland Act 1998 provide a whole host of proper legal assurances."

"What does that mean?" he was asked again.

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"They're reassurances in law that NI remains part – an integral part – of the UK," came the response.

"We are going to clarify, bring forward amendments as I said to the 1998 Northern Ireland Act, so we can absolutely demonstrate Northern Ireland's place is in the UK as part of that very strong union of four nations."

TUV leader Jim Allister said: "That's confirmation that our position presently is not secure.

"And of course it isn't. Constitutional change was made by the Protocol leaving us behind within a foreign customs code and the single market.

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"It'll be intriguing to see what they think they can do without upsetting the protocol applecart, which put Article 6 of the Act of Union into suspension."