Derry Daily
  • News
  • Entertainment
  • Sport
  • Features
  • Courts
  • Business
  • Health
  • Politics
  • Jobs
Monday 20°CTuesday 16°C

Derry Daily Derry Daily Derry Daily

  • News
  • Entertainment
  • Sport
  • Features
  • Courts
  • Business
  • Health
  • Politics
  • Jobs
CourtsNewsPolitics

Court throws out unionists challenge to NI Protocol

June 30, 2021
ShareTweet

THE High Court in Belfast has thrown out a challenge by unionists to the legality of the Northern Ireland Protocol.

A senior judge said the Northern Ireland Protocol is lawful.

A group of unionist politicians, including Arlene Foster, Jim Allister and Lord Trimble, had challenged the protocol in judicial review proceedings.

They claimed it was unlawful because it conflicts with the 1998 Good Friday Agreement and the Acts of Union.

But Mr Justice Colton rejected their challenge on all grounds on Wednesday afternoon.

He found 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.

However, he added that the relevant parts of the Acts of Union are “impliedly repealed” by the Withdrawal Agreement Act.

That means that the more recent legislation automatically overrides the older laws.

He said the Acts of Union could not be used to override the “clear specific will of Parliament”.

Normally, a constitutional law, like the Acts of Union, can only be expressly repealed, but they can be impliedly by another constitutional law.

The judge said the Withdrawal Agreement Act means the definition of a constitutional law.

He also rejected the argument that the protocol had changed the constitutional status as defined in the Good Friday Agreement.

Furthermore, he found that the secretary of state did have the power to change Stormont’s usual cross-community voting mechanism in regard to a consent vote on the Stormont.

Normally, Stormont must approve controversial issues by a cross-community vote but the protocol will be subject to a straight-majority vote.

The judge said the secretary of state had the power to do this on two grounds: that it was necessary to reflect the will of Parliament in implementing the Withdrawal Agreement Act and that it concerns international relations which is not a devolved matter.

Further areas of challenge concerning EU law were also rejected.

The judge was also critical of an analogy used by the applicants’ barrister when he compared the operation of the protocol to the Vichy regime.

Vichy was the collaborationist French administration during the Nazi occupation.

The judge said such a comparison was “unhelpful.”

The unionists who took the case have vowed to appeal today’s ruling.

Speaking at a press conference following the judgement, former Labour MP Kate Hoey – now Baroness Hoey – said it must be “absolutely clear that this is only the beginning of the legal challenge and also of peoples’ protests against what has been done to us without consent”.

Court throws out unionists challenge to NI Protocol was last modified: July 1st, 2021 by cassoscoop

Tags:
ARLENE FOSTERBelfastCourt throws out unionists challenge to NI Protocolhigh courtJim AllisterKate HoeyMR JUSTICE COLTON
ShareTweet

LEAVE A COMMENT

You may also like

Alcohol Forum Ireland seeks Finance Administrator/Bookkeeper for...

3 hours ago

Motorcyclist seriously injured in Donegal collision

13 hours ago

Council officially adopts Local Development Plan, LDP...

13 hours ago

Woman charged over serious assault in Derry

1 day ago

Second arrest made over 120 cannabis plant...

2 days ago

Charles Dooher murder bid: Man arrested in...

3 days ago

The LYCRA Company staff excited to continue...

3 days ago

Man arrested in Derry over murder bid...

3 days ago

Man to face Derry court over cannabis...

4 days ago

Man arrested in Derry after 120 cannabis...

4 days ago

Keep in touch

Facebook Twitter Email

Features

  • Sun, sea, spectacular views, historical charm and fabulous food. Tunisia of course

    April 5, 2024
  • Magical trip to see Santa from Belfast

    December 20, 2023
  • DD Travel Feature: Cork’s amazing The Montenotte Hotel

    April 18, 2023
  • Derry cancer survivor Noeleen McMorris reveals importance of awareness

    July 25, 2022
  • Competition! Win tickets to Northern Ireland v England Women’s Euro 2022 match

    June 17, 2022

Courts

  • Woman charged over serious assault in Derry

    July 13, 2025
  • Man to face Derry court over cannabis plants seizure

    July 11, 2025
  • Man charged to court over Derry drugs seizure

    July 6, 2025
  • Drink-driver charged to court over Derry collision

    July 5, 2025
  • Derry priest faces seven more child sex charges

    July 4, 2025

Donegal Daily

    Read More

    • News
    • Sport
    • Courts
    • Jobs
    • Features
    • Business
    • Politics

    Information

    • Contact Us
    • About
    • Advertise WIth Us
    • Privacy Policy
    • Disclaimer
    • Terms & Conditions
    Derry Daily

    © 2025 Derry Daily. All rights reserved.


    Back To Top

    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.OkPrivacy policy