Now is the time for considered words

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TUV leader Jim Allister, solicitor Colin Dougan and Baroness Hoey outside Belfast High Court. Credit: PA

July 01 2021 11:00 AM

High Court judge Mr Justice Colton could hardly have been more emphatic in dismissing the unionist challenge to the Northern Ireland Protocol, rejecting their arguments.

It was the clearest manifestation of the independence of the judiciary and a very reasoned counterpoint to the views of the unionist politicians, including Arlene Foster, Lord Trimble, Jim Allister and Steve Aiken among others, who brought their opposition to the Protocol before the courts.

Their only bit of succour was when he said that the Withdrawal Agreement Act, which includes the Protocol, does conflict with the 1800 Acts of Union in respect of free trade between Britain and Northern Ireland, but that the more recent legislation automatically overrides the relevant older laws.

While the politicians continued to argue afterwards that this meant a weakening of the union, the judge had already rejected that argument.

The reaction among unionists was predictable. Sir Jeffrey Donaldson, shortly before being ratified as the new DUP leader, greeted the judgment with a tweet describing it as politically significant and that it would have potential consequences for the future stability of political institutions.

Jim Allister, TUV leader, said it was now confirmed the Protocol is dismantling the union and former UUP leader Steve Aiken said the judgment has the potential to set a wide reaching precedent across all of the UK.

The dismay of the unionist politicians at having their case rejected is understandable, but this is a time for considered comments rather than suggestions that devolution may fall or that the union is being dismantled.

Does Sir Jeffrey mean he will pull his party out of Stormont thereby collapsing the institution if he doesn’t get his way on the Protocol, or does he mean that devolution will simply implode?

As we approach the marching season the last thing anyone needs is for the already febrile atmosphere to be ratcheted up further.

While the politicians can argue that they have consistently called for legal, peaceful protests against the Protocol, history shows that words can easily be twisted by those of malevolent intent.

The unionist case inevitably will end up in the Supreme Court.

In the meantime the UK Government, along with the EU, should concentrate on mitigating the effects of the Protocol on trade with real and sustainable solutions and using its advantages to the full.

Now is the time for considered words

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