NI Protocol: Boris Johnson 'contradicted government's case'

Goods moving across the Irish Sea border face a range of new processes, checks and documentation

A group of unionist politicians who are legally challenging the NI Protocol say the prime minister has contradicted the government's case.

The challenge was heard in the High Court in Belfast last month.

Part of the government's case was that if the protocol contradicts the Act of Union, then the relevant part of the act is repealed by implication.

However, Boris Johnson appeared to contradict that argument this week.

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The protocol is the part of the Brexit deal which keeps NI in the EU single market for goods.

At prime minister's questions the DUP's Sir Jeffrey Donaldson asked Mr Johnson to confirm that the passing of the EU Withdrawal Act and the NI Protocol has not resulted in an implied repeal of Article 6 of the Act of Union, which enables NI to trade freely with the rest of the U.K.

Sir Jeffrey continued: "Will he commit to fully restoring Northern Ireland's place with the UK's internal market?"

Mr Johnson replied: "Yes, of course Mr Speaker I can give assurances on both those counts."

In a statement the unionist politicians, who include former DUP leader Arlene Foster, said: "It could not be clearer; the prime minister is repudiating any idea that Art 6 of the Acts of Union is impliedly repealed by the Withdrawal Act and protocol.

"Yet, such repeal is precisely what his government argued in court."

Their solicitor has written to the court asking for the prime minister's comments to be placed before the judge so that they "might be considered in his evaluation of a key argument made by the respondents".

"Implied repeal" was not the only argument the government made in defence of the protocol's legality.

Judgement in the case is not expected to be delivered until the autumn.