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The Irish protocol.

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Comments

  • Registered Users Posts: 11,629 ✭✭✭✭downcow


    Thanks peregrinis. I appreciate your clarity. I’ll be surprised (not shocked) if they don’t win, so we will have something to come back to 🙂



  • Registered Users, Registered Users 2 Posts: 3,629 ✭✭✭Fionn1952


    Doesn't tally very well with your previous statement;

    There is no border on the the Irish Sea. The only border on these islands is the land border in Ireland

    So there is a border in the Irish Sea but it isn't a border?



  • Registered Users Posts: 11,629 ✭✭✭✭downcow


    No downcow doesn’t. Check back a few pages and you’ll find I said specifically that it won’t go far enough for the dup and that jim Alistair will not be satisfied by anything other that the protocol gone.

    so I know these are strong words but you are lying again to misrepresent me. I’ll accept a wee brief sorry!

    and for clarity. I mean win the court case ie Uk told by their own court that what they are doing is unlawful and I am assuming Pereguin means the opposite. Is that clear enough?

    …and praise where praise is due. Thanks for your clear prediction



  • Registered Users Posts: 11,629 ✭✭✭✭downcow


    Junkyard, do us all a favour and copy fionn into that message to francie. He is struggling as well with terms like physical border, shrub border and international border.

    …humans conquered sea borders 60,000 years ago.



  • Registered Users, Registered Users 2 Posts: 26,644 ✭✭✭✭Peregrinus


    In the proceedings, Habib and others challenge the validity of the Protocol on Ireland/Northern Ireland (Democratic Consent Process) (EU Exit) Regulations 2020. The relief they seek is a declaration that the 2020 Regulations are invalid, and an order setting them aside.

    Habib and others will win the case if they get a court order invalidating and setting aside the 2020 Regulations. If they do not get that order, they will not have won the case.

    I do not think that downcow will argue as you suggest. The position he sets out in posts #1, #3 and #4 in this thread makes it clear that he equates winning the case with the applicants getting the orders they seek. He cannot now adopt a different position without being accused of climbing down and, as you know, he never does that. 😀



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  • Registered Users, Registered Users 2 Posts: 3,629 ✭✭✭Fionn1952


    I admire your confidence, Peregrinus 😂

    Predictions are all laid bare now. That being said, I might hedge my bet a little with a second alternative prediction; Downcow may also come back and claim that they never actually claimed that they would win the court case (along with demanding quotes that state so explicitly), but just asked us to have the courage of our convictions to voice our predictions that they wouldn't.

    So to avoid that and to ensure we DO have a direct quote should our own prediction be accurate, I'll turn your request back on you @downcow. Will you have the balls to say you'll be surprised if they DON'T win their case in the end? To be clear, we're talking about winning the actual case in court, not some abstract moral victory you can claim you meant all along.



  • Registered Users, Registered Users 2 Posts: 3,629 ✭✭✭Fionn1952


    So there is an Irish Sea border then so, glad we clarified that.



  • Registered Users, Registered Users 2 Posts: 69,742 ✭✭✭✭FrancieBrady


    Pigs might also fly downcow.

    No I don't think they have a snowball's chance in hell of winning and ultimately my opinion is 'so what if they do?' But that doesn't rule out the possibility that they may win.

    The onus is back on Unionists and the UK if they do win, not us and the EU. That is WHAT they will win. Good luck foisting that mess back on the UK.



  • Registered Users, Registered Users 2 Posts: 4,533 ✭✭✭FishOnABike


    I don't believe they will win their case but just for the sake of discussion let's suspend that belief for a moment.

    Would that then mean that not only did the UK government not understand what they were doing during negotiations over the last five years, they also do not understand their own laws ? If so it would be indicative of a monumental level of incompetence.

    A collective lack of mental capacity to form a valid contract is hardly a strong argument to go to court with.

    The Northern Ireland Protocol is an intrinsic part of the Withdrawal Agreement. Without one there cannot be the other.



  • Posts: 0 [Deleted User]


    Ah, lovely bit of Brexit in the morning. The gift which keeps on giving.


    I really wish that we didn't budge on the protocol, last week. You knew that once you give London an inch they will try to take a mile, immediately taking the concessions and demanding more "negotiation". It's time to bring down the shutters and call their bluff

    Post edited by [Deleted User] on


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  • Registered Users, Registered Users 2 Posts: 2,415 ✭✭✭Suckler


    Any yet some will still bang on about "trust and common sense"



  • Moderators, Politics Moderators Posts: 40,212 Mod ✭✭✭✭Seth Brundle


    Just out of curiosity, what might happen if (and it is a very big if), the legal challenge is successful and the NIP is effectively ripped up?

    What happens to Northern Ireland once the protocol is forced out? What happens to the DUP in the coming elections? What happens to other anti-NIP (unionist) parties? Do you really think the electorate will be happy that access to their main market is now in jeopardy?

    What happens to the non-physical border on the island which the UK government agreed they would not force a return? What happens to Brexit as it stands? What happens to the 17.4million of voters that will be told that NI unionists have caused the UK to now have a hard Brexit? Do you believe that the EU will be as acoommodating to the UK once a hard brexit occurs?

    Be careful what you wish for, as they say!



  • Registered Users, Registered Users 2 Posts: 69,742 ✭✭✭✭FrancieBrady


    The answer to those questions would resemble a strategy, which Unionism as a whole, simply doesn't have.



  • Registered Users, Registered Users 2 Posts: 26,644 ✭✭✭✭Peregrinus


    I addressed this in an earlier post in this thread. Such is the crapulousness of Boards these days that I cannot work out how to quote that post here, so I'll just copy-and-paste the relevant bit:

    "So it seems their strategy is to ask the court to rule that the regulations adopting the consent mechanism are legally invalid, on the grounds - a degree of guesswork on my part here - that Lewis had no power to amend the NI Act 1998, or at any rate that he had no power to amend it in this particular way, by adding this particular consent mechanism.

    As pointed out in my earlier post, should they succeed in this, the (legal) result is not that the Protocol is removed and replaced, or anything of the kind. Legally, it would continue to apply and, in the absence of any valid consent mechanism, it would apply indefinitely. The fundraising page is tactfully silent on the question of how they hope to get from successfully attacking the consent mechanism to getting the Protocol removed and replaced.

    I think - more guesswork - they could be thinking of two possible avenues:

    One: If the current consent mechanism is invalidated by the courts, the UK is under an obligation - ironically, set out in the hated Protocol itself - to introduce a valid one. Their hope may be that the UK will make regulations applying the existing “petition of concern” mechanism to this question, and they reckon they can block consent with this mechanism.

    Not a very realistic hope, to be honest, and even if it comes to pass they’d still be stuck with the protocol until 2024, which is very much not what they want. So they may be placing more hope in . . .

    Two: A court order invalidating even part of the implementation of the Protocol will bring renewed political pressure to bear on the UK government. They’ll have to do something, and the something that they will do will be limited by the fact that they can no longer get away with bare-faced lies about the protocol not obstructing GB:NI trade, etc, etc. The pressure will force the UK either to repudiate the Protocol and suffer the consequences or, more realistically, to try to renegotiate the Protocol with the EU into something that creates less of an NI:GB barrier.

    This, too, is not a massively strong hope. Johnson got away with telling barefaced lies the first time around, and it was widely pointed out at the time that they were barefaced lies. Anybody who cared about this issue then was wholly aware of what Johnson was doing and what the consequences for NI would be. And, as Johnson’s superpower has always been telling barefaced lies and being forgiven for it, there is no reason to think that that strategy will fail him now. If the court action forces Johnson to do something, Johnson will do something, and claim that the something he has done has solved the problem, a claim which will be accepted by everybody who matters (matters to Johnson, that is). And indeed it will have solved the problem, if you think the problem is Johnson’s political embarrassment. But it will certainly not have solved the problem, if you think the problem is the NI Protocol. Johnson will not approach the EU to renegotiate the NI Protocol because it's a racing certainty that the EU would (a) refuse, and (b) point out to Johnson that if he needs or wants to reduce NI:GB barriers there are lots of things the UK can do to bring that about without amending or replacing the Protocol."



  • Registered Users Posts: 11,629 ✭✭✭✭downcow


    All good questions. But not all questions for the UK.

    I have said many times that I believe protocols are required given the special circumstances on this island.

    in the scenario you paint we will see if the Eu genuinely care about the people of this island.

    the Uk are clear that they will not place a hard border on the island of Ireland.

    do you think the Eu would place a hard border on the island for the guardi to police?



  • Registered Users Posts: 11,629 ✭✭✭✭downcow


    They are equally nationalisms, republicanisms, UKs, EUs and Ireland’s questions. So I’m not sure why you think unionism should have the strategy?



  • Registered Users, Registered Users 2 Posts: 3,794 ✭✭✭irelandrover


    Because everyone involved should have a strategy? Then during discussion you discuss these and come to compromises.



  • Registered Users, Registered Users 2 Posts: 69,742 ✭✭✭✭FrancieBrady


    No they aren't.

    Like first time around, it will be a question for those who want their cake. Remember first time around downcow? It was the UK who had the onus on them to come up with a solution that remained inside the criteria laid down by existing international agreements.

    They tried several times and failed (because of Unionism) and eventually achieved an 'oven ready' deal - the WA (inc The Protocol)

    Everyone else had to sit on their hands waiting for the UK to come up with this proposal.

    That is what will happen again. So unless you guys have figured out a 'new' way to solve the issues then you have zero strategy/forward planning.



  • Registered Users Posts: 11,629 ✭✭✭✭downcow


    Read the post I was replying to. The poster was painting a picture of no protocol and no agreement. In that scenario there is no onus on anyone to come forward with strategies



  • Registered Users, Registered Users 2 Posts: 69,742 ✭✭✭✭FrancieBrady


    Yes there is. The Protocol was necessary to get a WA.

    That is something the UK needs if it wants a trade agreement with the EU.

    If you don't want that and take NI with you, then what is the 'plan/strategy'?

    Do you seriously believe you can collapse the Protocol and replace it with nothing? 😁



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  • Registered Users, Registered Users 2 Posts: 26,644 ✭✭✭✭Peregrinus


    There certainly is. The UK unilaterally chose to end the arrangements which avoided a hard border on Ireland. The UK then agreed a replacement arrangement to avoid a hard border, but before ratifying it unilaterally changed its mind and repudiated what they had just agreed. Then they agreed a different replacement arrangement, ratified it but then unilaterally changed their minds again and are refusing to operated it. Further negotiations are ongoiung to find a basis on which the UK will agree to do what it has already agreed to do, only this time stick to the agreement. If they won't agree, or won't stick to what they agree, I'd say, yeah, most fair-minded people looking at the course of events would say that the onus is on the UK to come up with a strategy for honouring its promise to avoid a hard border that doesn't consist of unilaterally sabotaging every agreed arrangement put in place to avoid a hard border.



  • Registered Users, Registered Users 2 Posts: 10,713 ✭✭✭✭maccored


    they wished for brexit and we all know the outcome of that ......



  • Registered Users, Registered Users 2 Posts: 3,629 ✭✭✭Fionn1952


    So to avoid that and to ensure we DO have a direct quote should our own prediction be accurate, I'll turn your request back on you @downcow Will you have the balls to say you'll be surprised if they DON'T win their case in the end? To be clear, we're talking about winning the actual case in court, not some abstract moral victory you can claim you meant all along.

    Just to try that again. Come on, Downcow. You insisted we pin our colours to our masts, let's have you do the same so we all have nice directly quotable references for when things resolve.



  • Registered Users Posts: 11,629 ✭✭✭✭downcow


    I believe the protocol will be determined illegal.



  • Registered Users, Registered Users 2 Posts: 69,742 ✭✭✭✭FrancieBrady




  • Registered Users Posts: 11,629 ✭✭✭✭downcow


    i am not a legal mind but here is a wee bit out of a recent piece by those taking the case, referring to John Larkin QC.

    “Legal action is never to be embarked on lightly. It has real life implications, is expensive and more often than not a fraught process. But John’s legal opinion on the Protocol was emphatically that it is illegal. John, for those who do not know him, is one of the UK’s leading counsels and a former Attorney General of Northern Ireland. His assessment matters.”



  • Registered Users, Registered Users 2 Posts: 69,742 ✭✭✭✭FrancieBrady


    So he has no grounds he is wiling to state either. Ok.



  • Registered Users Posts: 254 ✭✭lurleen lumpkin


    Ah, John Larkin. If his stance on women's rights and gay rights are anything to go by he may as well be in the DUP.



  • Registered Users, Registered Users 2 Posts: 3,629 ✭✭✭Fionn1952


    I'm happy enough to leave it there, Downcow. We'll wait for the outcome, we've both committed firmly enough at this point.



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  • Registered Users Posts: 254 ✭✭lurleen lumpkin


    Speaking of which...

    Equal rights campaigner, Jeffrey Donaldson.




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