The UK’s supreme court has dismissed a challenge to the lawfulness of the Northern Ireland Protocol.
The legal challenge, brought by Brexit activists and leaders and former leaders of Northern Ireland's largest unionist parties, argued the protocol, which effectively left the North in the EU's single market, undermined its place in the UK.
However, the court unanimously dismissed the appeal, which had likewise been rejected by Northern Ireland's High Court and Court of Appeal.
The protocol, designed to protect the European Union's single market without creating a land border in Ireland, has caused disruption to trade between Northern Ireland and Britain since it came into force at the start of 2021.
It has also sparked anger in unionist communities, leading to the challenge which was brought by former DUP leader Arlene Foster, TUV leader Jim Allister and the late former UUP leader David Trimble among others.
The British government and the EU are involved in lengthy talks to hammer out a solution to the trade issues, but a deal so far remains elusive.
Reacting to the Supreme Court judgment, DUP leader Jeffrey Donaldson said the case had highlighted why unionists are opposed to the trading arrangements.
— DUP (@duponline) February 8, 2023
Mr Donaldson, who attended the judgment hearing in London, said: “A solution to the protocol was never going to be found in the courts, but the cases have served to highlight some of the reasons why unionists have uniformly rejected the protocol.”
Former Brexit Party MEP Ben Habib, one of those who brought the legal challenge against the lawfulness of the protocol, said the court's judgment provided “constitutional clarity” that the Good Friday Agreement was “broken”.
SDLP Stormont leader Matthew O’Toole said the judgment provided “important clarity” on the lawful status of the Northern Ireland Protocol.
He said: “I understand that the applicants will be disappointed in this ruling but would urge caution and restraint to those who have used this case with a view to undermining devolution in its entirety.
“Following this judgment, it is now critical that the EU and UK negotiating teams reach a comprehensive resolution that protects our unique access to the single market for goods while addressing the concerns around protocol implementation that have given rise to sincere objections related to trade barriers and identity issues in the unionist community.”
