Colum Eastwood challenges PM over legality of Northern Ireland Protocol Bill

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  1. SDLP leader Colum Eastwood has challenged Prime Minister Boris Johnson on whether he will commit to upholding international law over the Northern Ireland protocol with a bill expected to be brought forward in coming days.

    It comes as Mr Johnson faced MPs, taking part in his first Prime Minister’s Questions since winning a confidence vote in his leadership on Monday night.

    Mr Eastwood asked the prime minister whether, given how he “casually breaks the law”, will he commit to refraining from doing so over the protocol. Mr Johnson responded by saying the “highest legal priority” is to the balance and symmetry of the Good Friday Agreement.

    There are reports senior members of the government have raised concerns over the legality of Northern Ireland protocol legislation.

    It’s according to correspondence seen by news website PoliticsHome casting doubts over the contentious legislation and claims from the government it would not breach international law – even without an agreement with the European Union.

    The protocol was designed to avoid a hard border on the island of Ireland but has resulted in tension for creating a new barrier between Great Britain and Northern Ireland.

    In recent months, Downing Street has argued that it has been left with no choice but to alter the protocol through legislation after months of negotiation with the EU without reaching an agreement.

    Attorney general Suella Braverman recently approved a plan she said would not break international law while Foreign Secretary Liz Truss said the government’s position would be set out in due course. It’s thought the legislation could be brought forward later this week if it receives cabinet sign-off.

    In the leaked correspondence, however, a senior figure advising the government on legal matters said they hold the view that it cannot be “credibly” argued on legal grounds there is currently no alternative to unilaterally dis-applying the treaty, and that it is “very difficult” for the ministers to make that case.

    They add they find that position “more convincing” than the view put forward by Braverman and others that the government was on solid legal footing in pursuing unilateral steps.

    The bill expected to be brought forward will lay out how the UK will go about disapplying parts of the post-Brexit arrangements for Northern Ireland in order to reduce barriers to trade across the Irish Sea.

    Liz Truss said it would remove “unnecessary bureaucracy” for businesses sending goods from Britain to Northern Ireland. The UK wants to do this by establishing a “green lane” for goods crossing the Irish Sea but staying in Northern Ireland, whereby they’ll face no checks.

    Brussels has urged the UK not to take unilateral action and instead stick with the talks. The DUP has so far blocked the formation of a government here over its opposition to the protocol.

    Eimear McGovern

    June 08 2022

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