Allister calls on law chief to clarify vital clause on backstop
TUV leader Jim Allister has written to the Attorney General in London urging him to break his silence on what he believes is the most important issue at the heart of the backstop.
Mr Allister said that in all the 500-plus pages of the withdrawal agreement, the most critical and constitutionally destructive clause in EU withdrawal agreement is Article 15 of the Protocol on Ireland/Northern Ireland.
In that clause the UK agrees to allow part of its territory, namely Northern Ireland, to remain in the customs territory of the EU. Only Northern Ireland will legally be defined as part of the customs territory of the European Union.
The North Antrim MLA believes this is of immense constitutional significance, in that it transfers a part of the UK into the customs territory of another in circumstances where it cannot escape without the consent of that other, namely the EU.
He said: “Moreover, and in consequence, the EU Customs Code (UCC) will apply to Northern Ireland, but not to Great Britain. So, EU customs legislation — over which we would have no say — would apply only to Northern Ireland. EU tariffs and laws would be our lot, along with exclusion from any UK trade deals with other countries.”
In his letter to Attorney General Geoffrey Cox, Mr Allister wrote: “It seems to me that this, when read with its supplementary references, means that this leaves Northern Ireland, uniquely as a part of the UK, part of the customs territory of the EU.
“Whereas, all of the UK, until otherwise agreed, will be part of ‘a single customs territory’, only Northern Ireland will legally be defined as part of the customs territory of the EU. Is that correct?
“Surely, this is of immense constitutional significance, in that it conveys a part of the United Kingdom into the customs territory of another in circumstances where it cannot escape without the consent of that other, namely the EU.”