DUP peer slams 'stupidity' of Protocol-backers as Alliance MLA attempts to blame Brexit for EU rules

Jim Allister cited how EU regulations had stopped similar bans elsewhere – with the same rules applicable here under the Protocol.

But not every party seemed as concerned about whether the law which they supported would actually be permitted here. The Alliance Party attempted to blame Brexit and the SDLP said Jim Allister’s “spin” was “tired, old and sick” rather than addressing his question over their own ability to legislate.

The TUV, who addressed the issue in detail in the Assembly, accused Alliance of suffering from “Brexit derangement syndrome” and DUP peer Lord Dodds has slammed the nationalist parties and Alliance for accepting the Assembly’s “colonial status” and blaming Brexit.

Alliance MLA Danny Donnelly attempted to blame Brexit for the continued application of EU law in Northern Ireland.

Lord Dodds told the News Letter: “In recent weeks we have seen blatant examples of how Northern Ireland is governed undemocratically by foreign law. Our elected representatives at Westminster or Stormont have had no ability to intervene in any way.

“The colonial status of Northern Ireland has been demonstrated first with the striking down of parts of the legacy legislation, then the striking down of the core elements of the Illegal migration Act, as well as animal welfare legislation which cannot apply to us”.

The former MLA said: “Whatever your views on any of these issues, we the people of Northern Ireland should be able to decide them. We cannot. We should be able to debate and amend policy. We cannot. This is the result of the protocol, not Brexit.

“Instead we have to do what we’re told. No self-respecting democrat should accept this colonial status.

“But it is the enthusiastic backers of the protocol who should be most ashamed. The Protocol or Windsor Framework denies the Assembly any say yet these same people shouted loudest for Stormont’s return.

“The irony is only outmatched by the stupidity”.

During the debate, TUV leader Jim Allister raised significant questions about the ability of the Assembly to extend the generational smoking ban to Northern Ireland. The law – already passed in the rest of the UK – would ban anyone born after 2009 from buying cigarettes and other tobacco products.

Mr Allister cited the examples of the Republic of Ireland and Denmark who were unable to introduce a similar ban because of an EU regulation on tobacco products.

The Alliance Party then attempted to blame Brexit for the potential inability of MLAs to legislate on the issue – prompting Mr Allister to point out that it was the NI Protocol which the party supported which had kept EU legislation such as the European Tobacco Products Directive active in Northern Ireland.

Alliance MLA Danny Donnelly had interjected during the TUV leader’s comments to say: “If I understand the member, he is suggesting that Brexit may prevent this LCM [legislative consent motion] being applied to Northern Ireland. Is that correct?”

Mr Allister responded: “Absolutely wrong. If we’d got Brexit, we wouldn’t have this problem”.

A TUV spokesperson later said: “The Brexit derangement syndrome of the Alliance Party really does know no bounds. Even by their own standards, it is quite incredible that they would blame the continued application of EU law in Northern Ireland on Brexit, rather than their beloved Protocol.

“It is because of the Protocol that we are denied the right or ability to legislate for ourselves in vast areas, including on the issue which Alliance supported in the Assembly today.

“The denial of Brexit to this part of the UK is the issue.”

UUP MLA Alan Chambers said he was aware of some discussions about how the new law would work alongside the Windsor Framework – but added: “I will follow the advice of the local departmental solicitor’s office, the UK government’s legal teams and the UK government itself. All of which are quite clear that this is an age restriction and not a ban”. Mr Allister pointed out that government lawyers had previously made assurances about the applicability of UK law in NI – before courts had ruled otherwise.

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