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Brendan Hughes

Brendan Hughes: Brexit NI Protocol letter prompting unionist fury stated the obvious

A short letter issued over the holiday period has provided some key details on the UK government's approach to address the Northern Ireland Protocol deadlock.

In the correspondence to peers, minister for biosecurity Lord Benyon confirmed the government's proposals to change the post-Brexit trading arrangements will require the construction of "enhanced facilities" at Northern Ireland ports.

Until now there has been a reluctance from the government to spell this out, even though it has been obvious for some time.

Read more: Key issues to look out for in Northern Ireland politics in 2023

Irish Sea border checks on goods have so far been carried out at temporary buildings and marquees after the DUP stalled the building of permanent facilities.

Under the Protocol Bill, the government proposes a red and green-lane system at the ports, with the green lane for goods from Great Britain staying in Northern Ireland and the red lane to check goods going onwards to the Irish Republic and the rest of the European Union.

Lord Benyon wrote: "The government's position has always been that the arrangements in place for the red lane will require the enhancement of existing SPS facilities at points of entry in Northern Ireland.

"The necessary construction has not taken place to date owing to wider concerns about the protocol's implementation.

"However, acting to deliver these facilities is pivotal to securing a viable and sustainable way forward on the protocol in relation to EU-destined goods."

The letter prompted outrage from the Ulster Unionist Party and TUV.

UUP MLA Tom Elliott accused the government of acting as a "double agent", selling its Westminster bill as addressing unionist concerns over the protocol but instead "enhancing" the arrangements.

TUV leader Jim Allister said the plans "confirm the existence of the Irish Sea border" and the government's focus "is only on the operation of the protocol".

"Unionists who thought the Protocol Bill had a different intent will be disappointed," he added.

The letter is significant in two ways: Firstly, the reaction yet again shows the impossible task the government faces in attempting to meet the high bar of unionist demands.

The red and green-lane proposals were meant to address concerns by pledging the removal of onerous checks on goods sent from Great Britain to Northern Ireland which remain within the United Kingdom.

But the clear need for physical border infrastructure to achieve this aim is immediately shot down.

Mr Allister criticising Lord Benyon's reference to the "operation of the Northern Ireland Protocol" shows that for some unionists, nothing short of scrapping the protocol will suffice.

Conspicuously muted regarding the letter has been the DUP, which has previously welcomed the Protocol Bill and has linked its passage through Parliament to restoring Stormont.

It will ultimately be up to Sir Jeffrey Donaldson's party whether to accept any new arrangements on the protocol and drop its block on power-sharing.

The reaction to this letter shows how easily the DUP will face political pressure, as the bill - or any alternative compromise with the EU - will be picked apart by unionist rivals.

Secondly, the letter suggests the government is willing to act over the heads of local politicians.

Lord Benyon said delivery of the port facilities was a devolved responsibility, but in the absence of Stormont the UK government would act.

He said: "In line with that responsibility, Defra (Department for Environment Food and Rural Affairs) will introduce the necessary statutory instrument and relevant guidance to underpin this early in 2023."

We have seen several times before - from same-sex marriage to abortion law reform and Irish language protections - that the government has moved to legislate when Stormont has reached an impasse.

With no fully functioning Executive for almost a year now, the protocol looks set to be the latest intractable issue added to the list.

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