'The only thing standing in the way of this Windsor Framework deal is the DUP - at stake is the integrity of the Union' - Ben Habib
One of the UK’s leading anti-Protocol advocates has made a strong plea to the DUP to reject the Windsor Framework, saying that the defence of the Union now lies in the hands of Sir Jeffrey Donaldson’s party.
Ben Habib, one of the key figures behind the recent Supreme Court case which sought to overturn the Protocol through the courts, added his voice to a growing chorus of unionist disquiet about what the new UK/EU deal involves.
So far, voices favouring the acceptance of the deal have been muted.
The DUP’s NI-based Protocol spokesman Gordon Lyons told the News Letter earlier in the week: “This is a time for calm heads and careful consideration.
"We will measure the Windsor Framework in its totality against our seven tests. In due course we will press the Government for detailed clarity on the framework.”
Mr Habib and the other plaintiffs in the Supreme Court case failed in their bid to have the Protocol deemed illegal, but claimed victory nonetheless, because the judgement handed down by the UK’s top judges stated in black-and-white that the Protocol did supercede parts of the 1800 Acts of Union – the key law binding the whole nation together.
Reacting to the latest developments, Mr Habib told the News Letter: “For anyone genuinely interested in the Union, the gloss on the Windsor Framework would have by now worn off.
"It is not a new deal with the EU. It is fundamentally no different to the Protocol.
"The green-and-red lanes [which will ease the flow of cargo and reduce port checks] do not signify progress. They signify goods moving from one jurisdiction to another.
"Contrary to representations made by the Prime Minister, EU state aid laws, VAT and excise duties will continue to apply.
“Any small relaxations are just that, small.
“They also come at the expense of the UK having to cooperate much more closely with the EU in the making of such regulations.
“The democratic deficit has not been addressed. The Stormont brake is no such thing.
"The circumstances in which it could be pulled are few, would be subject to a high evidential bar and support from Westminster.
“And, even if all these hurdles were passed, the EU would be entitled to take “remedial” measures in response to its legislation being blocked – which is a thinly disguised threat of sanctions.
“No, far from being a genius solution to the Protocol, the Windsor Framework is merely another form of its implementation.
"Northern Ireland will remain subject to foreign laws made by a foreign legislature and adjudicated by a foreign court.
“The only thing really standing in the way of the Windsor Framework is unionists in Northern Ireland, notably the DUP.
"As ever it falls to them to protect what our government should guarantee – the integrity of the union between Great Britain and Northern Ireland.
“It makes total sense for the DUP to take its time to assess the framework. It must and must be seen to assess it carefully. But reject it they must and, I am sure, will.
“Then what?
"Most of the electorate is proud to be British and want British interests to be put front and centre. They are sick of our political class taking the knee to Brussels.
"The Conservative and Unionist Party long ago ceased to be either conservative or unionist.
"If the DUP wishes firmly to see off the threat to the Union, it has no option but to raise its eyes beyond Belfast and set them on London.
"Political unionism must emerge from Northern Ireland and challenge the two main parties on the mainland. They are needed and would be welcomed.
"It is not sufficient to make the case for the union as a provincial party under siege in Northern Ireland.
"The DUP needs to attack the forces in Westminster which keep turning their backs on the country.
"Fortune favours the bold.”