By Jamie Bryson
A detailed briefing note and graphic has been produced to ensure no councillor can claim to be unaware as to what “non implementation of the Protocol” requires.
You are encouraged to share the briefing note with your elected representative and also share the graphic setting out the requirements very clearly.
It is imperative that there is no ambiguity about the position adopted, nor any efforts by any elected unionist representative to water down that which they have promised.
Non-implementation of the Protocol means there can be no law implemented which is derived from Annex 1 or 2 (or any other provision) of the Northern Ireland Protocol.
This is consistent with unalterable opposition to the Protocol, and the clear commitment on 8 October 2022 by the DUP leader that “no EU law should apply in NI”.
It is important that there is no effort to implement Protocol-derived EU law by mistakenly believing that is ok because it may be (as it presently stands) mirrored by Retained EU law applicable in GB.
All EU law derived from the Protocol is not UK law, it is EU law- filtered through the conduit-pipe of section 7A of the European Union (Withdrawal) Act 2018.
The previous body of EU law continuing to apply in GB is now UK domestic law, called Retained EU law.
Therefore, Protocol derived law is part of a distinct EU regulatory scheme applicable only to NI. It consists of laws we did not make and can not change. The UK regulatory scheme applicable in GB in contrast is made of laws adopted into UK law, which Parliament can unmake, amend or alter.
The existence of two regulatory schemes fundamentally undermines Northern Ireland’s constitutional status within the UK, and is the core reason occasioning the subjugation of the Acts of Union.
It must be crystal clear to all elected unionist representatives: implementing any EU law derived from the Protocol- even if it mirrors standards applicable in GB in the UK regulatory regime- is to implement the subjugation of the Acts of Union.
A detailed briefing note has been prepared and circulated to councillors to ensure there can be no excuses or claims to be confused. The issue is ultimately very straightforward and elected unionist councillors must stand over the clear commitments to remedy their error in having been implementing the Protocol.
You can now download the briefing note: Non-implementation of the Protocol – briefing note [public]