​Ian Paisley says red-and-green lanes will not be enough to satisfy DUP amid escalating rumours of a Protocol deal drawing near

Mr Paisley was speaking after the latest news report suggesting that an agreement is looming on the Protocol.

The story was broken on RTE on Monday morning by senior journalist Tony Connelly, based in large measure on a conversation with an unnamed “senior EU official”.

Whilst this official indicated support for the red/green lane plan (saying “we should treat goods differently if they are staying in Northern Ireland compared to those which are going to the single market”), they added that ending the remit of the European Court of Justice over Northern Irish trade matters remains “a difficult issue”.

This is a reference to the role granted to the Luxembourg-based court (made up of 27 judges drawn from each of the EU nations) by the Protocol.

The Protocol means that some EU rules still apply to Northern Ireland despite Brexit, treating the Province as if it is still part of the bloc’s Single Market.

As the website UK In A Changing Europe (run by King’s College London) puts it, “the application of these rules is implemented by UK authorities, but overseen by the European Commission; they can be, ultimately, enforced by the European Court of Justice”.

|– ‘PROTOCOL OR POWER-SHARING –|

Asked about the RTE story of a pending deal on the Protocol, centred on red/green lanes, Mr Paisley said: “I think we've a lot of speculation, and a lot of discussions around speculation.

"What people in Northern Ireland want to see is the substance of that, and they want to see substantive changes put in place.

"Our party leader spelled it out: the Protocol must be replaced with arrangements that unionists can support. And time is fast running out for that.

"It's running out on devolution, because the longer we have this delay devolution becomes less possible to re-establish without going back into elections and other processes.”

He went on to state “I certainly believe” that until “we have the border removed in the Irish Sea, and we have ourselves subject only to UK rule – which is something we have control over – then there will be no power-sharing.”

He added: “It's either Protocol or power-sharing. You can't have both.

"We can't have a situation where Northern Ireland is answerable and accountable to something they have no say over.

"It is an inalienable right – not a privilege, a right – that the people of Northern Ireland are treated equitably to everyone else in the UK. We're not seeking a special privilege. We're seeking our rights.”

Asked directly by Mr Nolan “if the European Court of Justice has any jurisdiction in Northern Ireland, are you saying there will not be devolution?" Mr Paisley replied: “I can't see how that could possibly be the case.”

Reacting to the RTE report, Jim Allister said: “Where do you find ‘green and red lanes’? At a border, of course.

"So of themselves they confirm and solidify the Irish Sea border…

"[The] Protocol is about more than the movement of goods. A key part of its sovereignty grab lies in the imposition of EU law on Northern Ireland.

“Unless the sovereignty issue is addressed, everything else is meaningless.”

The UUP was asked for its stance on the latest news, but had not responded at time of writing.

|– GROWING RUMOURS –|

It came after The Times ran a story last Wednesday headlined: ‘Britain and EU set for Northern Ireland deal’, saying an agreement has basically already been struck behind the scenes between the EU and UK.

It said that “Brussels has accepted a proposal that would avoid the need for routine checks on products destined for the Province”.

The mechanism for doing this is “largely modelled on UK proposals for a system of green and red lanes,” the paper reported.

And on Friday, Sir Jeffrey Donaldson said that he believes a deal could be “weeks” away.

Asked how optimistic he is that whatever deal is in the pipeline will pass muster, he said: “We certainly need to see a lot more progress than was being mooted in the kite-flying exercise we saw earlier in the week.

"Certainly what was being talked about wouldn’t in itself meet the requirements unionists have in relation to a solution.”

|– SO WHAT DID THE RTE REPORT SAY? –|

Tony Connelly, a senior RTE reporter, filed a story on the subject this morning, based in large measure on a conversation with “a senior EU official”.

His report quotes the official as saying: “We have acknowledged the unintended consequences of the protocol and we know the most important thing is that we have a solution that works for Northern Ireland...

"We share the philosophy that we should treat goods differently if they are staying in Northern Ireland compared to those which are going to the single market. There are more safeguards in place, that means more flexibility.

"The IT system is up and running… We have made recommendations and the UK has been constructive in meeting them. IT safeguards are in place.

"There are different options to make an express lane more green and the red lane will follow with appropriate safeguards."

On the role of the European Court of Justice in deciding on single market issues in Northern Ireland, the senior official said it remained "a difficult issue for us. At the end of the day, the ultimate arbiter for European single market law is the ECJ".

The official would reportedly not be drawn on whether goods entitled to use the green lane would be exempt from all customs declarations, including the need for traders to pre-fill so-called commodity codes electronically in advance, and SPS formalities.

Reaching agreement is "doable" the official was quoted as saying “the contours of the final agreement are difficult to say; the terrain we know very well. We want joint solutions, we're talking about everything”.

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