​Nigel Dodds says 'tinkering with Protocol checks won’t do' as DUP stresses 'seven tests' checklist

He said that members of the House of Lords’ Select Committee on the NI Protocol will soon be writing to the government to voice fears about what will happen when a grace period on drugs expires at the end of this year.

In a statement today he said that amid “all the talk of progress on red/green channels”, the medicines issue and other protocol headaches “will not be solved merely by making checks less obtrusive”.

“The fundamental problem of the protocol can only be solved by getting rid of EU laws,” he said.

“Tinkering around with reducing checks whilst maintaining the implementation of EU rules and laws do not solve problems like medicine supply.”

The DUP has a seven-strong checklist against which any protocol solution will be judged. It says any new arrangements must:

1. Fulfil Article 6 of the Act of Union (which says all parts of the UK shall be under the same “regulations of trade, and liable to the same customs and duties”);

2. Avoid any diversion of trade;

3. Not constitute a border in the Irish Sea;

4. Give the people of Northern Ireland a say in the making of the laws that govern them;

5. Result in “no checks on goods going from NI to GB or from GB to NI” (and remaining in NI);

6. Ensure no new regulatory barriers develop between NI and the rest of the UK unless agreed by the Northern Ireland Executive and Assembly;

7. Preserve the letter and spirit of Northern Ireland’s constitutional guarantee, requiring the consent of a majority of the people of NI for any diminution in its status as part of the UK.

Speaking in the Commons today, Prime Minister Rishi Sunak was asked about the UK-EU talks, and said: “The implementation of the protocol is having an impact for communities in NI.

“That is why it needs to be addressed, which is what we’re attempting to do through constructive dialogue, but the goal must be to ensure NI’s place in our precious Union.”

| – ‘THE EU KNOWS IT NEEDS TO COMPROMISE – |

Meanwhile the DUP has dismissed what it called “kite flying and wishful thinking” about a solution to the impasse over the Northern Ireland Protocol, following a major report about an imminent breakthrough with

the EU.

The party issued a statement from Ian Paisley reacting to the claims, in which it did not address the specifics of what is reportedly on the table, but stressed that any proposals must meet the party’s “seven tests”.

The TUV likewise described the report as an exercise in “kite flying” (a practice which involves the government leaking information to the press, so it can gauge the reaction to the story).

On the details of the supposed breakthrough, Mr Allister said they “do nothing to address the fundamental sovereignty issues” at the heart of the Protocol dispute.

The UUP was asked for a statement, but had not issued one time of writing.

The story began on Wednesday morning, when The Times ran a story headlined: Britain and EU set for Northern Ireland deal.

It said that “Brussels has accepted a proposal that would avoid the need for routine checks on products destined for the Province”.

The mechanism for doing this is “largely modelled on UK proposals for a system of green and red lanes,” the paper reported.

This is a reference to the mooted idea of splitting traffic arriving off ships from GB into two queues: one green one if the cargo is destined solely for Northern Irish consumption, and a red one if the cargo is onward bound for the EU.

The plan is that the green lane would be basically check-free, while port officials would check lorries in the red lane.

The Times went on to add: “Data on vehicle movements would be shared with the EU and the UK would agree to investigate any suspicious activity.”

Meanwhile it also claimed that the EU is ready to accept that the European Court of Justice will only rule on Northern Irish matters if the cases has first been referred to it by the courts in Belfast.

The Times report quotes “a UK source” as saying: “The EU has moved a lot from its original position.

"This deal won’t delight anyone, but the hope is it satisfies everyone enough.”

Another individual, referred to only as a government source, was quoted as saying: “The mood music has completely changed in that both sides have been looking to go as far as they can to compromise to make this work. There hasn’t been the old point-scoring seen in the past.”

However, there is a major caveat: The Times report says that “a separate long-term agreement” still needs to be thrashed out for the movement of meat and live animals, “with the UK agreeing to uphold EU veterinary standards on goods exported to the Province”.

| – ‘FLYING KITES AND WISHFUL THINKING’ – |

Asked his views, the DUP issued a statement from Ian Paisley in which he said: “Kite-flying, wishful thinking by commentators, and background briefing will not make the substantive changes needed to satisfy our seven tests and restore devolution.

"Over 18 months ago we outlined the parameters for the way forward. We set our tests and those continue to be our yardstick for measuring any deal between the EU and UK.

“The message has landed in Brussels and London that there will be no restoration of the NI Executive until the Protocol is replaced with arrangements that unionists can support.

“It was a mistake to press ahead and ignore the opposition of unionists in 2020.

"That has been recognised in London, Dublin, Brussels and Washington. They should not make the same mistake twice.”

Jim Allister said: “Today’s kite flying exercise in The Times illustrates just how feeble the government’s efforts are when it comes to resolving the constitutional crisis of the Protocol.

“The suggestions do nothing to address the fundamental sovereignty issues of Northern Ireland being subject to a foreign legislature whose laws we don’t make and can’t change.

"Nor, do they address the equally obnoxious constitutional affront of being in a foreign VAT regime, foreign single market and under a foreign customs code.”

More from this reporter:

| – NI Protocol: Major report into state of medicines in the UK shows Northern Ireland drifting apart from GB

| – VIDEO: DUP peer slams Sinn Fein for 'hatred' of security forces as Tory Troubles amnesty bill gets renewed battering in House of Lords