Saturday 4 February 2023

NI Protocol: Supreme Court judgment on lawfulness of protocol due next week

Part of the Brexit deal, the protocol creates a trade border between the NI and the rest of the UK 
                2nd February, 2023.
THE Supreme Court is due to deliver judgement on the lawfulness of the NI Protocol next week.

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

The Supreme Court in London is the UK's highest court

Their arguments have 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 the North of Ireland from Great Britain.


The legal challenge was rejected by the High Court and Court of Appeal Belfast 

In March 2022, the Court of Appeal found the Withdrawal Agreement Act, which includes the protocol, did conflict with the 1800 Acts of Union in respect of free trade between Britain and Northern Ireland.

However, the court added that the Withdrawal Agreement lawfully modified the Acts of Union.

The lady chief justice said the Acts of Union had not been repealed but one section, Article 6, now has to be read subject to the Withdrawal Agreement Act, which placed into law the arrangements for the protocol.

However, the court said there were legal points of public importance which merited consideration by the Supreme Court.
took place over two days in November.

Judgement is due to be handed down on Wednesday 8 February.

With many thanks to: BBC News NI and John Campbell BBC NI (Economics and Business Editor) for the original story. 

Follow these links to find out more on this story: The judicial review challenge by brought by Jamie Bryson the Poundshop lawyer

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