The price of dual market access is EU law in NI - Allister responds to Donaldson's New Year message

As reported in Saturday’s News Letter, he also rejected a key argument of his opponents – that such a scenario would lead to an economic all-Ireland.

The Lagan Valley MP also told his party that “restoring Northern Ireland’s place within the United Kingdom and its internal market is a key objective” for the party in the coming year.

However the TUV have responded to Sir Jeffrey’s comments – arguing that access to the EU market will have constitutional implications for Northern Ireland. Party leader, Jim Allister KC said: "The access to the EU single market created by the Protocol comes at the price of subjection to EU law - laws we don’t make and can’t change and laws increasingly different from those in GB, but identical to and tied into those governing trade and commerce in ROI.

“So, anyone who thinks such has no constitutional import and does not assist the creation of an all-Ireland economy is dangerously deluded”.

The News Letter asked the European Union if it could envisage any scenario whereby Northern Ireland could continue to have access to the EU single market without the fundamentals of the Windsor Framework being in place. We are currently awaiting a response.

It’s not the first time the DUP leader has hinted at supporting an arrangement which gives Northern Ireland dual market access. In a speech following the resignation of Paul Givan as First Minister in February 2022 – Sir Jeffrey argued that while the Protocol didn’t deliver the “best of both worlds” – such a deal was possible. He said: “There is a better way forward, a way that can truly deliver the best of both worlds. Where goods destined to stay in Northern Ireland as part of the United Kingdom, are not checked upon arrival in Northern Ireland. We have previously outlined how we appreciated the need of the European Union to protect the integrity of its single market borders. And we believe there are solutions if the practical will is there. But we are also clear that those solutions must protect the economic and political integrity of the United Kingdom”.

The Ulster Unionist Party have previously said the Windsor Framework provides both challenges and opportunities, but didn’t respond when asked if they supported dual market access.

The DUP says its focus in talks with the government is to restore Northern Ireland’s place in the UK internal market. Currently certain goods travelling between Great Britain and Northern Ireland – such as those destined for supermarket shelves – fall under the Windsor Framework’s ‘green lane’ arrangements. This has reduced checks but does require customs processes – and the party doesn’t accept that the current arrangements are workable.

In November, Sir Jeffrey Donaldson asked the government to work with him to ensure that “where goods are moving from Great Britain to Northern Ireland they are not subject to EU customs processes that are neither necessary or fair or right”.

The Prime Minister has since promised the DUP legislation on the UK Internal Market Act. The existing legislation allows for ‘unfettered’ access for Northern Ireland goods being sold into Great Britain – and doesn’t affect the Windsor Framework as that is a matter for the UK government. In contrast, Northern Ireland remains subject to EU single market rules and goods moving in the other direction face controls – the root of trade friction and the Irish Sea border.

It is unclear precisely what changes the government is offering to legislate on – however Sir Jeffrey has asked for it to provide unfettered access “in all scenarios”. It remains to be seen how that could work without renegotiation of the Windsor Framework – which the EU has ruled out. However, Brussels is understood to have some involvement in discussions – and didn’t rule out changes to customs processes in the green lane when asked by the News Letter.

Meanwhile, in her New Year message Sinn Fein’s Michelle O’Neill – who would be first minister in a returning Executive – said “Negotiations between the DUP and British Government on the Windsor Framework are concluded. It is time for the DUP to make a decision”.