Northern ireland

It’s easy to take an unsympathetic view of the Democratic Unionist Party. For many, its politicians are caricatures of the dour Ulsterman come to life; flinty types with an antediluvian outlook. An unfortunate reminder – for a certain type of Englishman – of all that ‘Irish stuff’ they would rather not have to deal with.  The back and forth over the Northern Ireland Protocol has seen this sentiment ratcheted up. Jeffrey Donaldson’s standpoint – no return to devolution without his party’s tests being met – is engendering incredible frustration among government ministers and a press tired of having to surrender column inches to this intractable tale.

David Trimble, Northern Ireland's first minister from 1998 to 2002 and leader of the Ulster Unionist party from 1995 to 2005, has died aged 77. In 1998, Ruth Dudley Edwards wrote about the Unionist leader from a Catholic's perspective. On a wall in David Trimble's Westminster office is a cartoon of a bunker, complete with tin-hatted soldiers poking their rifles over the sandbags. I was dealing with someone with an intellectual life outside academia and politics 'Ulster,' says the caption. 'Probably the best lager in the world.' I laughed when I saw it, and Mr Trimble grinned and gestured to a 1929 election poster behind his desk, featuring Lord Craigavon glowering over the legend, 'Ulster. What we have we hold.' That's here in case people think I've gone soft.

At the heart of the crisis over the Protocol is its failure to deliver on its own stated aims. To understand this crisis, it is necessary to know some key aspects of the Protocol’s genesis and history. Exactly a month after Theresa May triggered Article 50, the European Commission was instructed by the member states (the European Council of 27) with ensuring the UK’s orderly withdrawal from the EU, including finding arrangements for the island of Ireland. That meant securing the Good Friday Agreement and avoiding a hard border.

No amount of extra counting later today can undo the seismic shift that has taken place in Northern Ireland’s politics. The first preference votes in Northern Ireland’s devolved assembly elections are in and Sinn Fein are the clear winners on 29 per cent. Sinn Fein – once the political appendage of a terrorist organisation that wrought 30 years of havoc and misery – is set to win the most seats in Stormont. It will then be able to nominate the first ever Republican First Minister. Before Unionists panic though, it’s worth examining the facts. On total votes cast, there will likely be a Unionist majority hidden by the byzantine calculus of the Single Transferrable Vote system which benefits smaller parties.

In the past few months, relations between the UK and the EU have been the best they have been since Brexit. Vladimir Putin’s assault on Ukraine reminded the two sides of the need for the world’s democracies to co-operate. It is tempting to hope that relations could continue to improve, especially now that the French presidential election is out of the way. But, as I say in the magazine this week, this is unlikely to happen. The Northern Ireland protocol is about to return to the agenda. The EU thinks that the UK must be made to abide by what was signed, and that allowing London to wriggle out of the letter of its commitments would set a terrible precedent. The British view is that the protocol is causing a crisis for Northern Ireland’s devolved institutions.

Belfast, Northern Ireland Phillip Brett was just nine years old the night a neighbour called to say his brother, Gavin, had been shot. Their father raced through the streets of their Belfast estate, arriving just in time to cradle his eldest son as he died. The teenager had been celebrating a friend’s birthday at the local Gaelic football club when he was gunned down by a loyalist gang looking for a Catholic to kill. But they got it wrong – Gavin had been raised Protestant, their parents having married across the sectarian lines that once divided Northern Ireland, with friends from all sides of the mixed community they lived in.

Sometimes old grievances are best laid to rest. That was certainly the view of Tony Blair when his government issued nearly 200 ‘comfort letters’ to Irish nationalist gunmen in the wake of the Good Friday Agreement. But a decision by the Northern Ireland High Court on Wednesday will upend that principle, setting back years of compromise and reconciliation. For some time it has been all but impossible to prosecute IRA men for murders committed during the Troubles. British security forces, however, remain vulnerable, although most are now in their seventies and long retired.

What did we learn from the Chancellor’s spring statement? As James reports on Coffee House, Rishi Sunak’s promise of an income tax cut by 2024 offered a strong indicator of how – and when – the Tories plan to fight the next election. Meanwhile, the OBR’s finding that rising inflation will lead to the biggest fall in living standards since records began in 1950 highlights how even with the new immediate cost of living policies – including a 5p cut on fuel duty – the coming months will be painful for many households. However, aside from cost of living, there was another problem Sunak’s statement highlighted: the Northern Ireland protocol.

Last night’s spat between the Foreign Office and the Treasury was hardly reassuring for Unionists. If you missed it, a Treasury amendment proposed a change to customs regulations where ‘UK’ was replaced with ‘Great Britain’. What’s so bad about that, you might ask. The answer is that it would have codified the carving-out of Northern Ireland as a separate legal entity. This is something that the protocol establishes: Northern Ireland continues to follow EU customs rules while Great Britain is able to diverge. But this breaking off of Northern Ireland is something the government was supposed to be trying to prevent.

In his resignation letter, the Brexit minister Lord Frost justified his decision to quit by pointing to tax rises and Covid restrictions. But there is another potential reason given the timing. Late last week, the UK conceded that the European Court of Justice could have the final say over the Brexit settlement in Northern Ireland. Frost is a negotiator. It might be that he didn't want to undermine his successor by over-emphasising the scale of the British retreat. Or it could be that he is holding back dissatisfaction with the negotiations for a second broadside at the Prime Minister. But it is a critical development. ECJ oversight was always a red line for Brexiteers. Sovereignty demands that the final arbiter of British law resides in the United Kingdom.