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However, he said the later parliamentary legislation sealing the UK’s exit from the EU “impliedly repealed” the 1800 laws, something that was possible with another “constitutional law”.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

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.

◾A simple guide to the NI Protocol 

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

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