Northern Ireland Protocol: Supreme Court set to hear challenge

  • Published
Related topics
Protest sign
Image caption,

Many unionists strongly oppose the protocol as it created a trade border in the Irish Sea

A challenge to the legality of the Northern Ireland Protocol will be heard by the UK's highest court.

The Supreme Court has been asked to consider issues relating to the Act of Union and the Northern Ireland Act.

This legal action is being mounted by a group of unionist politicians led by Traditional Unionist Voice (TUV) leader Jim Allister.

Their arguments have previously been rejected by the High Court and the Court of Appeal.

However, the Court of Appeal has said there are legal points of public importance which merit consideration by the Supreme Court.

They include whether the protocol's modification of the Act of Union amounts to a change in the constitutional status of Northern Ireland.

A date for a Supreme Court hearing is yet to be set and it is likely to be next year before judgement is delivered.

What is the protocol?

The protocol is a special Brexit deal for Northern Ireland designed to prevent the return of a hard land border with the Republic of Ireland.

It was agreed between the UK government and the EU in 2019 and came into force in January 2021.

It led to new checks and paperwork for certain goods which are imported into Northern Ireland from Great Britain.

Many unionists strongly oppose the protocol as it created a trade border in the Irish Sea.

They argue that it creates additional costs for businesses and undermines Northern Ireland's place in the UK.

In February, the DUP withdrew Paul Givan as first minister from the Stormont Executive, citing its concern over a lack of progress made towards resolving the problems it said existed with the NI Protocol.