TUV leader Jim Allister reminds House of Lords that NI Protocol broke the law before NI Protocol Bill did

The Bill, designed to override sections of the post-Brexit agreement, has had its second reading and is now set to be scrutinised in the UK Parliament.

A House of Lords Constitution Committee report on the Bill says that, in its current form, it potentially puts the UK in breach of international law and, if passed in breach of the UK’s international obligations, could undermine the rule of law.

The report says peers are conscious the Government wants to make progress on the Bill, but said its “constitutional significance means it requires sufficient time for detailed parliamentary scrutiny”.

Mr Allister said: "The Northern Ireland Protocol itself is subject to a judicial review because of the fact that it repealed part of a constitutional statute - the Acts of Union - without express approval of Parliament. Tellingly; the House of Lords has shown no concern for that to date.

"In evidence submitted to the Committee TUV made clear that while the Protocol is hugely damaging to Northern Ireland’s economy; the core issue is one of sovereignty. The Protocol has left this part of the United Kingdom as effectively an EU colony, subject to laws we do not make and cannot change all overseen by a foreign court.

“Under the Protocol, Great Britain is regarded as a foreign country when it comes to Northern Ireland. The constitutional vandalism of the Protocol has been exposed in the Court of Appeal with the Court finding and Article VI of the Acts of Union has been ‘subjugated’ by the Protocol.

“Insofar as the Bill could restore equilibrium by taking back the EU’s ill-gotten sovereignty over Northern Ireland, it may go some way to restoring stability to the economic and political climate in Northern Ireland. But, again, this largely depends on the content of the resulting regulations being adequate and wholly restorative of and compliant with Article 6 of the Acts of Union.

“If Stormont is to have any chance of restoration, then Northern Ireland’s place, both economically and politically, wholly within the UK must be restored. If the price of Stormont continues to be implementation of the Union-dismantling Protocol, then its prospects are non-existent. Stormont or Protocol remains the choice.

“As the sovereign power HMG has not just the right but the obligation to recover sovereignty from the EU over Northern Ireland and its economy. Thus, the legal and political justification for the Bill is unassailable.”

A House of Lords sub-committee was in Newry yesterday and at Stormont today to hear about the impact of the Protocol and the Northern Ireland Protocol Bill.

Sinn Fein MLA Declan Kearney, who met with the committee said: “As well as being a breach of International Law, The Protocol Bill which is progressing through Westminster is an affront to democracy. I reiterated that the majority of voters in the north voted against Brexit and to remain in the European Union.

“The undemocratic imposition of Brexit is the direct cause of the political instability impacting now on the north, and of the total chaos engulfing the British system itself.”