TUV leader Jim Allister has written to the acting Attorney General in Northern Ireland challenging her to declare herself on key issues arising from the Protocol.
Commenting Jim Allister said,
“I believe the people of Northern Ireland are entitled to know the considered opinion of the Chief Law Officer on matters of great significance for our constitutional position. Accordingly, I have posed relevant questions to her, including matters arising from Article 6 of the Act of Union. Below is the text of my letter.”
Letter to Attorney General
Dear Attorney,
I wish to know and understand how far you have considered the constitutional implications of the Ireland/Northern Ireland Protocol.
By leaving Northern Ireland, while the rest of the U.K. exits,
- in the EU’s single market for goods,
- subject to its Custom’s Code,
- under its VAT regime,
- ruled by all the EU laws which govern these areas – laws which we did not make and cannot change and which number hundreds,
- and subject to the supervision of the European Court of Justice
surely, a transfer of sovereignty has occurred. Until now an identical sovereignty relationship existed for Northern Ireland with the EU as existed for GB, because we were legally regarded as a single member state.
Now, under the Protocol, the EU retains sovereignty/control over all the above matters – which shape our economic destiny – while GB has fully left the EU.
Because of this significant transfer of sovereignty and divergence from the one nation status I contend that constitutional change has been wrought. Do you agree?
Article 6 of the Act of Union also needs to be considered. Surely, it has been disrespected to a significant degree? Its promise of nationwide equality in trade has been rendered nugatory.
What is your conclusion on this matter?
Which brings me to the Belfast Agreement. Isn’t it supposed to provide a protection against constitutional change without the consent of the people of Northern Ireland?
In your view under the Belfast Agreement does the consent principle only apply to the ultimate and final handover, not the stepping stone losses of British sovereignty.
As Attorney General for Northern Ireland I believe it is important to know your view on these critical matters. I therefore look forward to hearing from you.
Yours sincerely,
Jim Allister