Unionist reaction Unionist reaction to the Protocol was uniformly negative. In October 2020, the
de facto border between Great Britain and Northern Ireland bore criticism from
Lord Empey, the Ulster Unionist Party's chief negotiator during the Good Friday Agreement and former
Stormont minister. He described
a border on the Irish Sea as "the most significant change that has taken place since partition" and that "Northern Ireland's centre of gravity could gradually move in a Dublin/Brussels direction. This cannot be without constitutional consequences." In February 2021, then DUP leader
Arlene Foster objected to its implicit "red line down the Irish Sea", contrary to the Prime Minister Johnson's assurances. Anger over the protocol has contributed to rising tensions in the Unionist community which
led to street violence in the loyalist
Sandy Row district of
Belfast on 2 April 2021. Up to 300 people were involved in disorder, 15 police officers were injured and there were 8 arrests. Eight prominent unionists who negotiated the 1998 Belfast Agreement (or Good Friday Agreement), including
David Trimble, called in May 2021 for the suspension of the Northern Ireland Protocol.
Other critics In January 2021, Northern Ireland-born former Labour MP and Brexit campaigner
Kate Hoey criticised the British government for erecting a
trade border "down the
Irish Sea" in other words, between the islands of Ireland and Great Britain. She stated that in order to prevent a 'hard border' on the island of Ireland, customs and other controls have instead been imposed on goods travelling from Great Britain to Northern Ireland; and that Northern Ireland remains for many purposes in the EU Single Market and Customs Union, subject to a regulatory regime into which it has no input.
Reaction of nationalist and cross-community parties In September 2020, the two main nationalist parties (Sinn Féin and the SDLP) and the two main cross-community parties (the Alliance Party and the Green Party) expressed support for the Protocol and called for its 'rigorous implementation'. Alliance Party leader and Stormont Justice Minister
Naomi Long said there was a need for "pragmatic solutions" to protocol matters rather than for "people to escalate this into a constitutional crisis".
Notwithstanding clauses In September 2020, the British government drew up legislation that would give ministers the power to define what state aid needs to be reported to the EU and what products that are at risk of being brought into Ireland from Northern Ireland, which it defended as clarifying ambiguity in the protocol. Before publication Ursula von der Leyen said that this could break international law and in answer to a question in the House of Commons the Secretary of State for Northern Ireland
Brandon Lewis said that the government's planned
Internal Market Bill would "break international law" in a "specific and limited way", by introducing new powers to circumvent certain treaty obligations to the EU as set out in the
withdrawal agreement. The draft provision led to the resignation of a senior Government lawyer and the Advocate General for Scotland. These clauses were criticised by Sinn Féin and Taoiseach
Micheál Martin said "trust has been eroded". In October, the European Commission started an infringement procedure, and in December the
EU-UK Joint Committee reached an agreement on practical aspects which allowed the UK Government to remove the controversial clauses before the bill became law.
Public views on the Protocol An opinion poll ('Testing the Temperature') commissioned by
Queen's University Belfast and carried out 24–28 March 2021, asked if the Protocol is on balance ‘a good thing’ for Northern Ireland. 44% of those questioned disagreed, 43% agreed and 9% had a neutral opinion. In a second poll, commissioned by
BBC Spotlight and carried out 5–7 April 2021, 48% of those polled wanted the Protocol to be scrapped and 46% said it should be retained. In a poll commissioned by the
Belfast Telegraph and carried out between 14 and 17 May 2021, 59% of those polled were worried about the prospect of violence related to the protocol over Summer 2021. Queen's University repeated their March poll between 11 and 14 June 2021. 48% (+4%) of those polled thought that the Protocol was on balance bad for Northern Ireland and 43% (=) thought it was on balance good. When asked if the Protocol was an 'appropriate means for managing the effects of Brexit on Northern Ireland', the response split with 47% agreeing and 47% disagreeing. In October 2021 Queen's University published a third edition of their Testing the Temperature report. In the third report the percentage of respondents who believe the Protocol provides an appropriate means of managing the effects of Brexit has increased to 53% (42% disagreeing), while 52% believe that on balance the Protocol is a good thing for Northern Ireland (41% disagreeing). Respondents see negative features of the Protocol with 59% believing it has impacted negatively on political stability. A survey of 1000 participants in October 2021 by Social Market Research for the
University of Liverpool found the protocol to be the fourth most significant issue for respondents with about 10% putting it as their first or second concern; 55% (v 24%) found the EU's compromise proposals acceptable (as did a majority of DUP voters).
Legal challenge In June 2021, the High Court of Northern Ireland in Belfast ruled against an application (
In re Jim Allister and others (EU Exit)) brought by several Unionist and pro-Brexit politicians to have the Protocol declared unlawful on several grounds, including that it is in conflict with the
Acts of Union 1800 and thus unconstitutional. The Court ruled that the Protocol indeed runs counter to the free trade provisions of the Acts (Article VI), but the
European Union (Withdrawal Agreement) Act 2020 also has constitutional effect and had
implicitly repealed that aspect of the Acts of Union. The court also rejected arguments based on the Northern Ireland Act, the European Convention on Human Rights and European Union law. Likewise, the court rejected a challenge to the Regulations, which provided that the consent mechanism in the Protocol was not to be subject to the cross-community voting rules in the Assembly. In November 2021, not content with the decision of the High Court, the applicants appealed. The appeal was rejected by the Court of Appeal, but the case reached the Supreme Court in late autumn 2022 under the lead name of the
loyalist Clifford Peeples –
In the matter of an Application by Clifford Peeples for a Judicial Review (Appellant) (Northern Ireland). On 8 February 2023, the Supreme Court ruled that the protocol was lawful.
2022 Northern Ireland Assembly election At the election to the
Northern Ireland Assembly in May 2022, parties (Alliance, SDLP, Sinn Féin) that accepted the protocol as mitigating
some of the adverse effects of Brexit (which Northern Ireland had voted against), won 52 of the 90 seats in the Assembly. Parties opposed to the principle of a distinct arrangement for Northern Ireland (the DUP, TUV and two Independent Unionists) secured 28 seats. The UUP, which secured nine seats, although opposed to the protocol as it stands, it would accept it given significant changes. The
Democratic Unionist Party (25 MLAs) welcomed the Bill. However
Sammy Wilson MP, a leading member of the party, said that the DUP would not participate in
Northern Ireland's power-sharing executive unless and until the Bill is enacted and brought into force. (, the Assembly is in abeyance because the DUP has declined to permit election of a
Speaker of the Assembly, citing the Protocol as its reason for this decision. Neither the Assembly nor the Executive may operate without
cross-community support.) On 27 February 2023, following conclusion of negotiations on the Windsor Framework, the UK government announced its intent to halt Parliamentary progress on the Bill and allow it to lapse at the end of the current session. ==Implementation==