Brexit LIVE: EU deal could be ruled 'unlawful' – 220-year-old legislation 'undermined'


A group of unionist politicians – including former DUP leader Arlene Foster, Baroness Hoey and former Brexit Party MEP Ben Habib – claim the Protocol is unlawful as it conflicts with the 1998 Good Friday Agreement and the 1800 Act of Union. Speaking yesterday when the hearing kicked off, John Larkin QC said: “The Protocol could not be validly made because it is in conflict with a provision of the constitution of the United Kingdom – that is Article 6 of the Acts of Union.”

The challenge comes after the High Court in Belfast ruled the Brexit deal for Northern Ireland was lawful in June.

The Protocol effectively places Northern Ireland in the EU’s single market for goods to avoid a hard border with Ireland.

But this has led to checks on goods crossing from Great Britain to Northern Ireland, creating a barrier to trade within the UK.

The case continues.

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