Watch the arguments made in next week’s Belfast appeal court hearing on the Northern Ireland Protocol, says Lord Frost

The News Letter asked Lord Frost, who was speaking at the Conservative conference, about the fact that the government seemed to be arguing to the EU that the Northern Ireland Protocol was treating the province differently from Great Britain, yet was arguing almost the opposite in a UK court.

We put a point made on Monday by Jim Allister QC to Lord Frost, as the latter addressed yesterday’s meeting in Manchester of the Centre for Policy Studies.

Mr Allister said that the government is arguing that the Belfast High Court erred in law in finding that Great Britain and Northern Ireland are not on an equal footing in relation to trade, yet the government’s recent command paper, calling for the EU to agree an overhaul of the protocol, says that NI has lost the equal footing.

Mr Allister has been part of a legal challenge to the protocol taken with the leaders of the UUP and DUP and the unionist luminaries Baroness Hoey and Lord Trimble.

The case fell at its first hurdle earlier this year and goes to appeal next week.

The News Letter asked Lord Frost about what he thought of criticism of this seemingly paradoxical UK position on the constitutional impact of the Irish Sea border.

He replied: “It is an interesting point — uh, I probably shouldn’t comment on the case while it is actually going through, particularly with the appeal so imminent.

“I think what I would say is, have a look — watch, watch how the arguments play out in court next week and then let’s have a further discussion.”

• Jim Allister QC had said on Monday (See link below ‘We unionists all reject the Northern Ireland Protocol, and it needs to be repudiated,’ below):

“The command paper is premised on the basis that there has been trade disparity and difference between GB and Northern Ireland, yet on Monday the Court of Appeal will begin to hear the appeal in our judicial review and last week the same government lodged a notice of counter appeal and the first point they want the court to overturn — I am going to read it to you — they say that court erred in law — this is the High court — erred in law in finding that GB and Northern Ireland are not on an equal footing in relation to trade.

“The very basis of the command paper, that we have lost the equal footing. The government through its lawyers is going to go in court next Monday to argue that we haven’t lost equal footing.

“Now which way is this government facing? Which way is the Conservative and Unionist government facing?

“Why are they saying in the command paper that we are not on equal footing and going to tell — and instructed their lawyers to argue the very opposite.

“If the government had any wit they would realise that the best thing that could happen to them is that we won our case, then they would have real leverage with the EU.”

VIDEO: Ex Tory leader Iain Duncan Smith says the NI Protocol should be replaced

VIDEO: NI Conservatives reflect on their party conference in Manchester

VIDEO: Jeffrey Donaldson and Lord Frost play down Boris Johnson’s failure to refer to NI Protocol

VIDEO: Brexit minister insists UK really is prepared to suspend Northern Ireland Protocol

Brexit minister: We will use Article 16 to suspend the NI Protocol if we need to do so

VIDEO: Donaldson says UK focused on NI Protocol and will act if EU does not budge

VIDEO: More reactions from the Tory conference to the unionist response to the NI Protocol

VIDEO: DUP leader – We unionists all reject the Northern Ireland Protocol, and it needs to be repudiated

VIDEO: Unionists hail Conservative Party fringe event on Northern Ireland

VIDEO: The three unionist leaders unite against the Northern Ireland Protocol at Tory conference

Editorial: Unionists send the Tories in Manchester a clear, united message against the NI Protocol

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