Ex-AG says deal does not remove an Irish Sea border

A FORMER attorney general for the North has rejected the contention that a UK government deal 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 it removed a customs and regulatory border in the Irish Sea; and did it ensure ‘zero checks and zero paperwork’ for Great British goods destined for the North.

Mr Larkin argued it achieved none of those objectives. He also rejected claims the package altered domestic laws enabling the application of EU laws in the North and found the region would continue to be treated as an EU territory for certain trading rules. The legal opinion was commissioned by Traditional Unionist Voice (TUV) leader Jim Allister, former Brexit Party MEP Ben Habib, ex-UK minister Kate Hoey and loyalist activist Jamie Bryson.

Mr Allister and Mr Bryson were at Parliament Buildings at Stormont to address Mr Larkin’s findings. The TUV leader said the opinion undermined the ‘spin’ that accompanied the deal which has convinced the DUP to return to devolution.

‘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 British government deal.

Mr Bryson was asked about the possibility of loyalist and unionist protests in opposition to the return of Stormont. ‘It may be the case that people take the opportunity to do that, and if they do, they should do it peacefully and lawfully,’ he said.

‘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.’

Mr Donaldson told BBC Radio Ulster: ‘I disagree fundamentally with John Larkin.

‘John is someone I respect, I know very well, but John is answering questions that have been put to him by my detractors.’