Unionist legal challenge over Northern Ireland Protocol set for High Court hearing

A legal challenge by unionists against the Government over the Northern Ireland Protocol looks set to end up in the High Court after ministers dropped their opposition to the case being heard.

The judicial review, which is being pursued by the leaders of the three main unionist parties in Northern Ireland and Lord Trimble, one of the architects of the Good Friday Agreement, is now expected to be heard between May 13-18.

The group, which includes Arlene Foster, Northern Ireland’s First Minister, are seeking to challenge the legality of the post-Brexit trading arrangements which were set up to reflect the province’s dual status of being in the UK internal market while continuing to apply many EU rules.

The protocol has been blamed for fuelling trade disruption for businesses and consumers in Northern Ireland, with Boris Johnson now facing calls from prominent unionists for it to be overhauled.

The litigants argue that it also flies in the face of the Act of Union 1800 and the Good Friday Agreement, and have challenged the way in which Northern Ireland will be asked to provide consent for the protocol continuing or ending in 2024.

John Larkin QC, the former attorney general of Northern Ireland, has been instructed to seek a judicial review.

After the Government originally signalled it would contest the application for the case to be heard, Ben Habib, the former Brexit MEP who is coordinating the action, told The Daily Telegraph that ministers had now conceded the application.

It means a judge is now likely to grant permission for the case to be heard at the High Court in Belfast.

Commenting on Monday, Mr Habib said: “I am delighted the government has conceded that leave should be granted without a preliminary hearing. It’s doing so is an acknowledgement of the integrity of the grounds of our case.

“I know I speak for all of us, the complainants and our supporters, when I say we are looking forward to having our day in court.”

Jim Allister QC, the leader of the unionist party Traditional Unionist Voice, added: “While it is welcome that HMG reversed its initial response and is not now opposing our leave application in the Judicial Review, it should now face up to the main issue.

“Is this Government, which built its Brexit policy on ‘taking back control’, going to make a mockery of its own mantra by defending in court a Protocol which hands control of Northern Ireland to the EU?

“Is Boris Johnston’s government going to be the one that defends the Protocol’s flagrant breach of the Acts of Union and wholly disrespects the ‘consent principle’ on which it claims its Northern Ireland policy is based?

“It’s time for HMG to face reality and give up defending the indefensible and getting on the side of defending the integrity of the United Kingdom.”

Mrs Foster said: “The Protocol is damaging Northern Ireland and needs scrapped. The Government should trigger Article 16 and restore the unfettered flow of goods from Great Britain to Northern Ireland.

“The granting of leave is another step towards this matter being tested in court.

We want it dealt with as quickly as possible as more and more harm is inflicted every day the Protocol remains.”