Statement by TUV leader Jim Allister:-
“I wish to express appreciation to our legal team for the powerful arguments made this week in the Court of Appeal in the Judicial Review challenge to the Protocol.
“I also must express surprise at the latest contention on behalf of the Government. To have it boldly stated by HMG’s QC that the Protocol subjugates Article 6 of the Acts of Union is as astounding as it it concerning.
“This means, inescapably, that the Government knows and defends that not only is the Protocol incompatible with Article 6 – the foundation of the economic union of the U.K. – but, it expressly overrides it. This may be the way the government has chosen to defend the indefensible Protocol, but it should bring home to every unionist – including a DEARA minister who is implementing it – just how destructive and Union-dismantling the Protocol is. Thus, the Government itself should be facing up to the fact that it must repudiate the Protocol in all its parts.
“The Court of Appeal will now rule on our fundamental argument that because the Protocol repealed Art 6, without express provision, it is unlawful, in that a core constitutional statute cannot be repealed by mere implication. Ultimately, the Supreme Court may have to rule on this seminal constitutional issue, but I look forward to the Court of Appeal providing its findings.”