The TUV is questioning the legal standing of next week’s assembly vote on the post-Brexit trading arrangements by claiming its expected outcome will “continue to infringe the constitutional status of Northern Ireland”.
The vote on the Windsor Framework – formerly the Northern Ireland Protocol – is expected to see a majority of MLAs support its continued implementation.
Stormont’s unionist bloc looks set to be outvoted by 53-36, with the Irish Sea border remaining in place for at least another four years.
But TUV leader Jim Allister and North Antrim MLA Timothy Gaston have written to UK Attorney General Lord Hermer and his Stormont counterpart Brenda King, seeking clarification on whether a vote in favour of retaining the current arrangements would be in breach of the Acts of Union.
The highly technical letters point to amendments made following last year’s Tory-DUP Safeguarding the Union deal, which led to the restoration of the Stormont institutions.
The TUV argues that the modifications to the European Union (Withdrawal Agreement) Act 2020 provides that the Windsor Framework is “without prejudice” to “the constitutional status of Northern Ireland”.
Mr Allister told The Irish News that the vote was “rigged” because it does not require cross-community consent.
He said the assembly was being asked to “defy the constitutional status of Northern Ireland”.
“I’m attempting to illustrate that the protocol cannot be extended without continuing to be at variance with the constitutional status of Northern Ireland, which is supposed to be protected by Safeguarding the Union,” he said.
“It’s a test to see if the modifications added after Safeguarding the Union mean anything.”
