Morning View: We’ll soon know if government acted within law

The legal action against the NI Protocol was before the UK's top court yesterday. There are in fact two cases, one by the loyalist Clifford Peeples, the other by a range of unionist leaders. The cases have been conjoined but it was John Larkin KC, barrister for the latter group, who made most of the appellant arguments.

Mr Larkin represented Jim Allister KC MLA, the ex-MEP Ben Habib, ex-Ulster Unionist leader Steve Aiken MLA, ex-DUP leader and first minister Baroness (Arlene) Foster, ex-Labour MP Baroness (Kate) Hoey and another ex-first minister of Northern Ireland, the late Lord (David) Trimble.

The case itself involves complex legal arguments but is in one respect simple: that Irish Sea border is incompatible with Article VI of the Act of Union 1800, which guarantees unfettered trade within the UK. Also that it breaches the principle of consent of the 1998 Belfast Agreement.

Another aspect of the legal challenge is straightforward: unionist unity. In an age of constant setbacks for the Union, unionists have been yearning for such a united approach. Unity does not, as its critics imply, mean people gathering behind a Lambeg Drum and saying no. In this legal case it means the coming together of respected unionists to challenge an ever more stark harm.

There is no dispute that Article VI of the Act of Union has been over-ridden by the Brexit deal. Nor that consent is diminished, given that a key aspect of sovereignty in NI has been breached, insofar as it relates to internal UK trade.

The doubt is whether the UK government has brought about such constitutional change legally. Those who argued there is no sea border, including the UK government, were long ago made to look silly.

In the new year we will find if this appalling situation was brought about in a legitimate fashion.