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Irish Sea border not removed under deal, says former NI Attorney General

The claims were rejected by former attorney general John Larkin (file image)
The claims were rejected by former attorney general John Larkin (file image)

A former attorney general for Northern Ireland has rejected the contention that a deal between the UK government and the Democratic Unionist Party (DUP) to restore Stormont has removed an Irish Sea border.

John Larkin was commissioned by several vocal opponents of the agreement to assess the legal effect of the measures.

Key among the questions he was asked was whether the plan set out in the Safeguarding The Union command paper would restore the 1800 Acts of Union; whether they removed a customs and regulatory border in the Irish Sea; and do they ensure "zero checks and zero paperwork" for GB goods destined for Northern Ireland.

Mr Larkin argued that they achieved none of those objectives.

The claims came from a meeting of unionists and loyalists opposed to the DUP deal which will restore the Stormont power-sharing institutions has been told that the so-called Irish Sea border remains.

Around 120 people gathered at Moygashel Orange Hall in Co Tyrone last night for a meeting which was addressed by Traditional Unionist Voice (TUV) leader Jim Allister and loyalist activist Jamie Bryson.

Mr Bryson told the meeting: "The DUP MLAs will be (Northern Ireland) Protocol implementers; playing a full and active role in the operation of the very thing which every unionist agrees dismantles the Union as we know it.

"And one of those MLAs, whoever that may be, will debase themselves and become joint head of an administration, alongside Sinn Féin, that will have a legal duty to build border posts, operate border posts and implement the subjugation of the Acts of Union.

"Here is the test for the unionist and loyalist people: if Sir Jeffrey Donaldson cannot convince Nigel Dodds, a DUP stalwart, on what basis can he hope to convince everyone else?

"The Irish Sea border remains with full force."

Around 120 people attended the meeting in Belfast

Mr Bryson also said EU law would continue to apply in Northern Ireland.

"We remain subject to laws we did not make and cannot change.

"Every unionist now faces a choice: you implement the Irish Sea border for sake of pragmatism, or you stand against, come what may, as a matter of principle.

"I have made my choice, and I hope all in this hall make the same one. Stand firm, don't give in."

Mr Larkin also rejected claims that the package altered domestic laws enabling the application of EU laws in Northern Ireland and he found that the region would continue to be treated as an EU territory when it came to certain trading rules.

Jim Wells was among those at the meeting last night

The legal opinion was commissioned by Mr Allister, former Brexit Party MEP Ben Habib, House of Lords member Kate Hoey and Mr Bryson.

Mr Allister and Mr Bryson were at at Stormont to give their reaction to Mr Larkin's findings.

The TUV leader said the opinion undermined the "spin" that has accompanied the deal this week.

"We arrive at a situation where, despite all the spin, and all the hype, and all the pretence, and all the false claims about restoring our place within the United Kingdom, and the removal of the Irish Sea (border), when you apply the key legal analysis of this matter, then it doesn't stand up," he said.

Mr Allister warned that the existing post-Brexit arrangements would attempt to deliver a united Ireland by stealth.

Both men challenged DUP leader Jeffrey Donaldson to publish his own legal advice on the government deal.

Mr Bryson was asked about the possibility of loyalist and unionist protests in opposition to the return of Stormont.

"It may well be the case that people take the opportunity to do that, and if they do, they should do it peacefully and lawfully, there's a significant strength of feeling," he said.

"But the important thing today is, here is our legal opinion, we have put our money where our mouth is, we can back up our legal opinion. Jeffrey Donaldson - publish your legal opinion and let's see what you say."

The DUP has given the green light for the recall of the Stormont Assembly, with power-sharing due to be restored in Northern Ireland tomorrow.

Minister of State at the Department of Enterprise Neale Richmond said that unionists will "always have a reason to be right" over claims that trading rules from Britain to Northern Ireland after Brexit have created an Irish Sea "border".

He said such assertions, including by Mr Larkin, have consistently been rejected by the UK Supreme Court.

Speaking to RTÉ's Drivetime, he said both the Withdrawal Agreement and Windsor Framework ensure goods can move "seamlessly between Northern Ireland and GB (Great Britain) but also back into GB if they're [goods] staying in Northern Ireland".

Mr Richmond said there always has been so-called "east-west checks" including phytosanitary checks and immigration checks.

He said the agreements do not "impact" Northern Ireland's place within the UK.

However, Mr Richmond said the same agreements "protect the terms of the Good Friday Agreement" by not creating a physical border on the island of Ireland.