‘The tentacles of the Northern Ireland Protocol reach way beyond mere cargo and ports – and you could see the problems coming from outer space’

News that NI’s Human Rights Commission (HRC) plans to fight through the courts to stop the Province deviating away from EU law just goes to show how far “the tentacles of the Protocol are reaching”.
Pro-Brexit graffiti in the loyalist-dominated Tiger’s Bay district of north Belfast in 2016; Sir Reg argues that the potential for Brexit to cause problems for NI were obvious to politicians at the timePro-Brexit graffiti in the loyalist-dominated Tiger’s Bay district of north Belfast in 2016; Sir Reg argues that the potential for Brexit to cause problems for NI were obvious to politicians at the time
Pro-Brexit graffiti in the loyalist-dominated Tiger’s Bay district of north Belfast in 2016; Sir Reg argues that the potential for Brexit to cause problems for NI were obvious to politicians at the time

That is the view expressed by Sir Reg Empey, speaking to the News Letter after the HRC announced it plans to spend the coming years making sure Northern Ireland stays in lockstep with European human rights rules.

In a report published on Monday the HRC said “if certain European Union equality laws are changed ... to improve the protection of human rights, then Northern Ireland must keep pace with those changes”.

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Otherwise, the HRC stands ready to embark on a series of legal battles.

The HRC said that whenever the UK government signed up to the NI Protocol in 2020, it did so with a promise that there would be no downgrading of rights after Brexit.

In particular, Article 2 of the Protocol commits the government to maintaining the set of rights listed in the Good Friday Agreement, plus six specific EU directives about racial and gender equality.

UUP peer Sir Reg, who had been a remainer in the 2016 referendum, told the News Letter: “My own personal view is that a lot of these disputed situations will end up in the courts.

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“It’s one of the down-stream consequences of the Protocol, and of it having changed the character of how we’re governed in general.

“Clearly, this goes well beyond trade.

“The tentacles of the Protocol are reaching into virtually all areas of public life.”

‘WE SAW PROBLEMS COMING’:

He said back in 2016 a UUP delegation visited David Cameron, and realised that “basically they didn’t have a plan” for Northern Ireland, post-Brexit.

This was despite the fact that “anybody could see from outer space that there was going to be a problem for NI”.

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As it turned out, the Brexit referendum led to “the worst set of international negotiations the UK has ever conducted,” with Northern Ireland led into a “complete ambush”.

“We’ve been steamrollered into a position without it being thought through properly,” Lord Empey concluded.

“We’re going to have to live with the consequences of this for years to come.”

The HRC said: “Under the Ireland/NI Protocol the Government committed to ensuring protections currently in place in Northern Ireland for the rights, safeguards and equality of opportunity provisions set out in the Belfast (Good Friday) Agreement will not be reduced as a result of leaving the EU.”

A £1.6M BUDGET:

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Meanwhile, the NI Human Rights Commission has said that an increase in its annual spending is down to greater responsibility being placed on its shoulders.

The HCR had said on Monday that its “resources are limited – more than ever”.

But the News Letter pointed out its annual spending has actually gone up lately.

For example, back in 2011/12, it stood at £1.7m.

This then plunged to £1.2m by 2015/16, then rose again to £1.6m in 2020/21.

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The News Letter asked about this, and the HRC replied: “The commission’s total budget has increased because of additional costs associated with extended mandate. These funds are ring-fenced for this purpose.”

This is because if “EU equality laws are changed after January 1 2021 to improve the protection of human rights, then Northern Ireland must keep pace with those changes; the commission is charged with oversight of those commitments”.

It continued: “At the same time, the commission’s budget to support the functions set down in the Northern Ireland Act 1998 has faced real term cuts and is subject to a further -5% cash reduction in 2022-23.

“Inflation, which is currently 6.2%, has added to the pressure resulting in current total of -11.2%. The forecast for UK inflation is a further increase before the end of the financial year. This will have a detrimental impact on our ability to carry out core statutory duties.”

More from this reporter:

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