Brexit protocol is lawful, Supreme Court rules

Judges reject legal challenge to UK-EU trade arrangements by group of unionist leaders

      Wednesday 8th February, 2023. 

The NI protocol is lawful, the supreme court has ruled, rejecting a legal challenge to the Brexit arrangements by a group of unionist leaders including the former first ministers the late David Trimble and Arlene Foster.

The highest court in the UK unanimously dismissed the judicial review appeal on all three grounds including the claims that the Brexit trading arrangements breached the 1800 Act of Union, the NI Act 1998.

The challenge, in two separate cases considered jointly by the judges, was made by a group of unionist and loyalist leaders and activists that also included the former Labour cabinet minister Kate Hoey, the Traditional Unionist Voice leader Jim Allister, former Ulster Unionist party leader Steve Aiken, along with the former Brexit party MEP Ben Habib and former loyalist prisoner and recent masters in law graduate Clifford Peeples.

They had argued that the protocol was unlawfully created because, they said, it breached the 1800 Act of Union, which guaranteed all four nations of the UK would be treated equally.

They also argued that it had breached the principle of consent at the core of the 1998 Belfast Good Friday agreement.

They lost their case in the Belfast high court in June 2021 with the presiding judge Mr Justice Colton concluding that the Withdrawal Agreement Act containing the protocol did conflict with the guarantees of equal treatment contained in the Act of Union.

However, he said the later parliamentary legislation sealing the UK’s exit from the EU “impliedly repealed” the 1800 laws, something that was possible with another “constitutional law”.

The TUV leader, Jim (Jimbo) Allister, had said the ruling "confirmed the protocol is dismantling the union". 

The appellants had also argued that the protocol unlawfully eliminated the constitutional safeguard enshrined in section 42 of the NI Act 1998, which requires assembly votes to have cross-community support. Finally, the appellants alleged that there had been a breach of the European convention on human rights and EU law.

With many thanks to: The Guardian and Lisa O'Carroll (Brexit correspondent) @lisaocarroll for the original story. 

Follow these links to find out more on this story: Brexit NI protocol is lawful, Supreme Court rules

Twelfth: Orange Order welcomes live GB News live coverage

The Orange Order has welcomed an announcement by GB News that it will provide live coverage of a Twelfth of July parade in the North of Ireland. 

     Orange Order: indoctrinating them             young, teaching them how NOT to           Love thy Neighbour (Matthew 22 : 39) 

Last week BBC NI confirmed it would not be resuming its live coverage of the Belfast parade "after careful consideration". 

The BBC said coverage would include an hour-long programme highlights programme of parades across NI. 

Arlene Foster and GB News will now cover the Twelfth parade in Armagh city, the Orange Order have said. 

Speaking to BBC Radio Ulster's Evening Extra programme, grand secretary of the Orange Order Mervyn Gibson said there had been consultations over the location of the broadcast. 

"We have been in consultation with GB News for several days now... then a site visit to get the appropriate parade that would work for everyone," he said. 

"We believe that is the largest Twelfth parade which takes place in Armagh city this year. 

"The BBC for years has just covered Belfast and then in recent years began to stretch out into other rural parades, but this year we are going to Armagh and the full Armagh parade will be on television. 

The Orange Lodge sitting in Westminster 

The Orange Order’s grand master said live coverage was "very important to so many people, particularly those who are unable to attend parades for a range of reasons". 

Edward Stevenson said the order was "delighted to work with the GB News team and looked forward to seeing the Twelfth covered live". 

        BBC confirms it is ditching live                          coverage of the Twelfth 

The Orange Order claims tens of thousands of people attend parades on the Twelfth, which is held on 12th July every year to mark the anniversary of the Battle of the Boyne. 

King William III - the Dutch-born Protestant better known as William of Orange or King Billy - defeated the Catholic King James II in Co Meath in July 1690.

The unDemocratic Unionist Party (DUP) assembly member Diane Dodds commened GB News for "seizing on this opportunity and recognising that one of the largest outdoor events in the UK calendar is deserving of live coverage". But how long will it last? That's the question. 

She said the BBC’s decision to axe its live broadcast was an "outrageous decision". But one supported by nationalists who said it was long overdue. 

Former DUP leader and first minister Dame Arlene Foster will lead the commentary on GB News' coverage. 

With many thanks to: BBC News NI for the original story.