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... Full Range of challenges Interestingly, there has been no suggestion that negotiators are rewriting the original treaty - instead, it appears they are seeking to add to or clarify it...

Northern Ireland Protocol is lawful, Supreme Court rules

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... Intensive talks with the EU continue to that end, looking across the Full Range of issues we have raised...

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Northern Ireland Protocol is lawful, Supreme Court rules

Nov 29,2022 5:50 pm

By John CampbellBBC News NI Economics & Business Editor

The Northern Ireland Protocol is lawful, the UK Supreme Court has ruled.

Part of the Brexit deal,

It has been challenged by unionist politicians who say it breaches the Acts of Union and the Northern Ireland Act.

The Court unanimously rejected their appeal on all grounds. It had previously been rejected by The High Court and Court of Appeal.

The protocol was agreed by the UK and EU in 2019 to ensure free movement of trade across the Irish land border after Brexit.

However, it means there are new checks and controls on goods entering Northern Ireland from Great Britain .

The unionist case had three aspects:

The Court agreed that the Protocol does conflict with the Acts of Union.

However, it added that it was Parliament's will that any part of the Acts of Union which conflict with the protocol are suspended.

The judges said: " Parliament, by enacting the 2018 Act and the European Union (Withdrawal Agreement) Act 2020, authorised the Making Of the protocol.

" The clear intention of Parliament in enacting these Acts was to permit The Crown to make the protocol. "

On The Second ground The Court said the relevant part of the Northern Ireland Act only concerns a referendum about whether Northern Ireland remains part of the UK or joins a united Ireland.

On the third ground The Court found that Parliament had empowered The Secretary of state to lawfully make changes to voting rules.

The Supreme Court is The Final court of appeal in the UK for civil cases.

It hears cases considered to be of The Greatest public or constitutional importance affecting the whole population.

A five-judge panel, including Lord Reed, The President of The Court , heard the case over Two Days in November.

'Union is broken'

Responding to the ruling, a government spokesperson said: " The Supreme Court was right to reaffirm the sovereignty of Parliament in approving and legislating for the agreement negotiated in 2019.

" However, this does not change our determination to address The Real problems the protocol is causing in Northern Ireland . Intensive talks with the EU continue to that end, looking across the Full Range of issues we have raised. "

DUP leader Sir Jeffrey Donaldson said the legal challenge " had highlighted why unionists are opposed to the trading arrangements".

" A solution to the protocol was never going to be found in the courts, but the cases have served to highlight some of the reasons why unionists have uniformly rejected the protocol, " he added.

" The government must Consider This judgment, their own arguments to The Court and take The Steps necessary to replace the protocol with arrangements that unionists can support. "

Matthew O'Toole of The Social Democratic and Labour Party said the Supreme Court 's ruling provides " important clarity" on the legality of the protocol.

" Following this judgment, it is now critical that the EU and UK negotiating teams reach a comprehensive resolution that protects our unique access to the Single Market for goods while addressing the concerns around protocol implementation that have given rise to sincere objections related to trade barriers and identity issues in the unionist community, " he added.



Source of news: bbc.com

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