Today, hardline Brexiteers in the ERG (a Conservative party group who will use anything and anyone, no matter what ensues, to fulfil their Britannia Unchained fantasies and ideology) and their henchmen and women in the DUP had their demands satisfied. They warmly welcomed the Northern Ireland Protocol Bill to Westminster parliament.
It shows that:
- the European court of justice will not have a role in Northern Ireland
- a green/red lane set-up i.e. no checks on goods from Great Britain to Northern Ireland; checks for those going to the Republic of Ireland
Query: What does a lorry with a mixed load do? Which lane does it use? British? Irish? Both?
- the NIP has no effect in the UK
- UK ministers reserve powers to override other parts of the NIP (and presumably any other International Treaty) if they deem it necessary.
Remember: 1) domestic legislation cannot overrule an international treaty – it if could, no government in its right mind would ever sign one.
2) Any attempt to vary the provisions NI Protocol by use of UK law is illegal as it violates Article 27 of the Vienna Treaty governing Treaties. A party may not invoke the provisions of its internal law as justification for its failure to perform a treaty. This rule is without prejudice to article 46.
Back in 2017 the DUP negotiated a £1 billion“Confidence and Supply” agreement, as brokered by Jacob Rees-Mogg of the ERG, to prop up PM May’s minority government.Mutual interests converged and the deal was done.
True to their supremacist instincts and desire to wield power, the DUP and NI Unionism in general have carried on pushing with the ERG for the hardest of hard Brexits ever since.
The NIP blocked Unionism’s drive to conserve power and hegemony i.e. Unionist /Orange Order leadership or dominance over all others, in NI. The border shifted to the Irish Sea, thus subverting their place in the UK. NI remained in the Single market and Customs Union, thus potentially subverting their unfettered power in NI.
Add in the SF victory in the May 2022 Local Assembly elections, coming top in the number of seats, flanked by the constitutionally neutral Alliance Party of Northern Ireland. The only surprise was how long it took for the UK Government to prepare its long-announced NIP Bill to redress Unionism’s “manufactured grievances”.
Minister for Foreign Affairs and the EU, Liz Truss said the government is basing its move on the “doctrine of necessity,” saying it has no choice but to act.
The UK government’s “doctrine of necessity” means the necessity of Johnson keeping his job by placating the ERG and DUP.
It means the necessity for the ERG and DUP to lie, cheat, break the law, anything, to gain power and keep hold of it.
Remember: Legally, necessity rarely excuses a breach, and only when (inter alia) the State’s act is the only way to safeguard an essential interest against a grave and imminent peril, and when no other essential interest is seriously impaired by the breach
Well Unionism would say their essential interest in NI was in grave and imminent peril, wouldn’t they? Because it is, isn’t it?
If the UK Govt hadn’t acted to prop up Unionism in NI, they were facing a SF administration in Northern Ireland, further loss of Unionist supremacy and a probable SF administration in Dublin within a couple of years.
Which certainly wouldn’t suit the Minister for the Union, PM Boris Johnson himself.
Or the DUP which has no intention of ever playing “bridesmaid” to Sinn Fein in Stormont