A Stormont vote on continuing post-Brexit trading arrangements for Northern Ireland is the most significant in the history of devolved governance in the region, the leader of the TUV has said.
North Antrim MP Jim Allister said MLAs were being asked to “surrender” sovereignty to Brussels in more than 300 areas of law.
His claim was rejected by the leader of the official opposition at Stormont, SDLP MLA Matthew O’Toole, who said the arrangements should be extended as they provided necessary protections against negative consequences of Brexit.
The process to trigger the vote began on Thursday when Northern Ireland Secretary Hilary Benn sent a letter to the Speaker of the Assembly Edwin Poots asking First Minister Michelle O’Neill and deputy First Minister Emma Little-Pengelly to table a motion by the end of November.
The vote must be held on articles five to 10 of the Windsor Framework, which underpins the EU trade laws in force in Northern Ireland, before they expire.
MLAs are expected to back the continuation of the measures for another four years, even though unionists are set to oppose the move.
The framework, and its predecessor the Northern Ireland Protocol, require checks and customs paperwork on goods moving from Great Britain into Northern Ireland.
Under the arrangements, which were designed to ensure no hardening of the Irish land border post-Brexit, Northern Ireland continues to follow many EU trade and customs rules.
This has proved highly contentious, with unionists arguing the system threatens Northern Ireland’s place in the United Kingdom.
The democratic consent process was a key part of the UK-EU deal, giving elected representatives in Northern Ireland a say on the trade arrangements.
DUP leader Gavin Robinson has already made clear his party will be voting against continuing the operation of the Windsor Framework.
Unlike other votes on contentious issues at Stormont, the motion does not require cross-community support to pass.
If it is voted through with a simple majority, the arrangements are extended for four years. In that event, the Government is obliged to hold an independent review of how the framework is working.
We don't think the protocol is great for its own sake. We think it is a necessary set of protections to defend against a very hard Brexit, not just the hard border on this island, but also all the other disruptions
If it wins cross-community support – which is a majority of unionists and a majority of nationalists – then it is extended for eight years.
Traditional Unionist Voice leader Mr Allister questioned why the usual requirement for cross-community support had been set aside when it came to continuing the controversial Brexit measures for four years.
“Stormont is built since 1998 on the imperative of cross-community support, then along comes the protocol, and at the behest of the EU, for the first time, a vital issue, a wholly controversial issue, is to be made on a majoritarian basis,” he told BBC Radio Ulster.
“Majority rule is suddenly acceptable whenever it puts down unionism and that is the consequence of this vote.”
Mr Allister added: “This is the most significant vote to be taken in the history of Northern Ireland by an Assembly at Stormont because for the first time ever MLAs are being asked to surrender sovereignty over not one area of law, over 300 areas of law – not to Westminster, but to a foreign Parliament sitting in Brussels.
“The consequence of this vote is that for the next four or eight years all the laws relating to 300 areas of law which govern our agri-food industry, which govern our production of goods, our manufacturing industry and, indeed, much of our environment, all those laws will not be made by locally-elected politicians, but will be made by foreign politicians that none of us elect.”
Mr O’Toole said the arrangements were not ideal but they were the necessary consequence of Brexit, as he highlighted that a majority of people in Northern Ireland voted to remain in the EU.
“I would like to build support across the community, across our society, for the protections that are in the protocol,” he told Radio Ulster.
“It is true to say that parts of unionism have for a long time scaremongered – the same parts that were very vociferous in supporting Brexit – they have shouted and roared about the ill consequences of Brexit. They (DUP) brought down our institutions for two years.”
He insisted the issue was not a top priority for most people in Northern Ireland.
If Ms O’Neill and Ms Little-Pengelly do table the motion, they must also provide explanatory material to fellow MLAs.
No-one else can table a democratic consent motion in November, but if Ms O’Neill and Ms Little-Pengelly do not table such a motion this month, any MLA can do so between December 1 to 6 inclusive.
The deadline for holding the vote is December 17.
Asked about the prospect of the first and deputy first ministers failing to reach agreement to table the motion, Mr O’Toole said he would be prepared to table it himself in December.
“Certainly we will ensure that someone tables the motion,” he said.
“I would be more than happy to table it. I hope the first and deputy first minister do, as it were, their jobs as the leaders of devolved government here and table this motion. If no-one else would, we’ll ensure that it goes down. The law, by the way, is very clear that it will have to be moved by someone. The law is clear that this vote has to happen in the Assembly before the end of the year.
“We don’t think the protocol is great for its own sake. We think it is a necessary set of protections to defend against a very hard Brexit, not just the hard border on this island, but also all the other disruptions.”
