The DUP slams the trade arrangements it backed in February - setting out support for a new policy

Deborah Erskine slammed the current arrangements for their impact on trade between NI and the rest of the UK – and appeared to set out mutual enforcement arrangements as the party’s formal policy alternative.

Announcing the Safeguarding the Union deal earlier this year, Sir Jeffrey Donaldson said people would look back on it as “the defining time” when Northern Ireland’s place in the Union was safeguarded and its place in the UK’s internal market was restored. Months later, the deal has essentially been scrapped by the party, which is now seeking new solutions for the Irish Sea border.

The new mutual enforcement policy is backed by the TUV’s Jim Allister – who told MLAs we “don’t need a Protocol” and simply need to enforce each other’s laws.

In February, then DUP leader Sir Jeffrey Donaldson said the Safeguarding the Union deal 'takes away the border within the UK'. Today in the assembly, DUP MLA Deborah Erskine slammed the current arrangements – and appeared to set out mutual enforcement arrangements as the party’s formal policy alternative

Mr Allister said he welcomed the DUP entering “reverse gear” – but said the electorate face a choice between “flip floppers or TUV which has stood firm throughout”.

MLAs were debating an SDLP opposition day motion on ‘dual market access’ on Tuesday.

However, the Ulster Unionist Party – an early advocate of mutual enforcement – appeared to have flipped its position, backing the SDLP motion affirming “the huge opportunity” provided by the current trade arrangements.

Asked by the News Letter if this was now party policy – and if it has abandoned its opposition to the Irish Sea border – an Ulster Unionist spokesperson said its position “has not changed since 2019. It must be removed and the party has laid out their plans to remove it.

DUP MLA Deborah Erskine has said EU law isn't necessary as the DUP appears to have formally adopted mutual enforcement as its preferred option for post-Brexit trade.

“However, until we reach the day when the border is removed, we need to recognise that we find ourselves in a position where Dual access is a reality, one that Northern Ireland should use to its fullest advantage”.

However, that position was not set out in the Assembly chamber by Steve Aiken, who said there are “many advantages to Northern Ireland's dual market access. I note the need to work more closely across this island, these islands and Europe to make that happen” – but did not oppose the overall structures.

The contributions from unionist politicians in the Opposition Day debate highlighted the confused, changing and often contradictory positions from the two main pro-Union parties on the Protocol – just over two weeks out from a general election.

In February, Sir Jeffrey Donaldson said the Safeguarding the Union deal “takes away the border within the UK”, safeguards Northern Ireland’s place in the Union and restores its place within the UK internal market.

However, this morning, Deborah Erskine said “the DUP has been clear that arrangements to which Northern Ireland is currently subject to – impact and undermine the integrity of the UK’s Internal Market”.

The Fermanagh MLA said “We are firmly of the view that it does not require the application of large swathes of EU law on Northern Ireland to secure advantages and mutually beneficial trading arrangements. Mutual recognition would see the 5% of businesses in Northern Ireland that trade with the EU monitored by UK authorities to ensure that they have complied with EU standards and regulations and paid any tariffs due”.

Jim Allister criticised the concept of dual market access – saying that a promised avalanche of investment had not arrived in Northern Ireland. He said only the services sector, which sits outside the Protocol, had grown. The TUV leader backed mutual enforcement arrangements.

Put simply, mutual enforcement means that authorities either side of the border would enforce the other’s standards where those goods are being exported – removing the need for most border checks.

Senior anti-deal figures like Sammy Wilson have endorsed the policy before, but for the seeming U-turn to be announced by Deborah Erskine, who was very much in the pro-deal wing of the party in January, signifies a wider change within the party.

The DUP position was met with scepticism from other parties in the chamber. Alliance MLA Eoin Tennyson said “what never fails to surprise me is the ability of the DUP to contort themselves and U turn on this issue”. He said “the fact remains, that Northern Ireland requires special arrangements”.

Sinn Fein were keen to harness the economic opportunities provided by Brexit – with Foyle MLA Pádraig Delargy endorsing the “unique position” of Northern Ireland’s “continued access to both the UK and the EU markets”, which he said “offers unparalleled trade benefits”.

Analysis: The DUP attempts to bury its own deal

By David Thompson, Political Editor

​It is one of the most extraordinary U-turns in a series of extraordinary U-turns since Brexit threw Northern Ireland’s political life into chaos in 2016.

The DUP now say that arrangements which they claimed in February had restored Northern Ireland’s place in the UK – is actually undermining the integrity of the UK internal market.

Safeguarding the Union didn’t change the structures set out in the Windsor Framework, but the false claim that it had removed the Irish Sea border was enough to secure political support for a return to Stormont.

However the internal critics didn’t go away, and have been chipping away at the deal since. Last month, they managed to secure a key manifesto pledge that the party would seek to remove EU law.

At that point, there was no other logical outcome than for the party to adopt a new strategy for repairing the damage to the Union caused by Boris Johnson’s deal with the EU.

The lack of fanfare with the change in policy shouldn’t take away from the sheer scale of the volte-face. While Gavin Robinson didn’t go anywhere near as far as his predecessor in the claims he made while selling the deal – he did say that the DUP had repaired the constitutional harm – and that the Windsor Framework’s green lane had gone.

Sammy Wilson recently told the News Letter that the party would now argue for mutual enforcement, but the party had remained cautious about committing to that. Now, it appears, that they have.

While this may prove popular with some voters, it also keeps the party tied up in post-Brexit wrangling which many do not want. There are those in the DUP who accept the principle of the sea border – and Gavin Robinson very publicly backed the red lane earlier this year.

These are all questions the party will have to revisit – if anyone will talk to them about it. Labour and the Tories are both committed to the Windsor Framework – as is the EU.

Their critics will ask whether – given all that has happened – the DUP can be trusted. But it also poses a challenge for the TUV, who now need to keep the memory of the DUP’s deal – and all of the claims around it - alive.