Windsor Framework: 'Red lines' on trade diversion have been crossed - and the government must trigger Article 16, Jim Allister says

​The TUV has submitted the argument as part of its evidence to a Westminster inquiry into the operation of the Irish Sea border arrangements.

The deal includes safeguards for either the UK or EU to take “appropriate” measures if trade flows are diverted.

Mr Allister pointed to NISRA trade data published in December, which he said “was highly indicative of trade diversion”. He said it aligns with his experience of more and more GB companies ceasing to trade with NI “in order to avoid the costs associated with negotiating the Irish Sea border be it via the red or green lane”.

The North Antrim MP also highlighted February ONS data which he said “provides an even stronger indication of trade diversion”.

“This is hugely important because if you treat the Windsor Framework as legitimate, you have to do so in its own terms, and it was devised with Safeguards in Article 16 that make it clear that the existence of trade diversion cannot be accommodated such that its occurrence is recognised as being inconsistent with the continuance of the agreement, certainly in its current form.

“In this context the Government should now commence the derogation process under Article 16 in relation to the Windsor Framework”, the North Antrim MP said.

In 2022 there was speculation that the UK government, under then Prime Minister Boris Johnson, would use Article 16 to override aspects of the deal.

However, it was never triggered, and the UK and EU agreed the Windsor Framework, which they said dealt with many of the problems created by the original deal. Rishi Sunak’s government and the DUP argued that Northern Ireland’s place in the UK internal market had been protected.

But problems have persisted – and the scope of the EU’s remit over Northern Ireland, and the associated trade friction, has become clearer – covering items from downloadable knitting patterns to business parcels coming from the rest of the UK.