Rishi Sunak warned NI deal would be ‘declaration of war against Brexit’ if EU judges have ongoing role
Accepting a continuing role for the European Court of Justice (ECJ) in Northern Ireland would be a “declaration of war against Brexit”, Rishi Sunak has been warned by Conservative arch-Brexiteers.
Tory MPs in the European Research Group (ERG) have in recent days been lining up to urge the Prime Minister against agreeing a deal with the EU on the Northern Ireland Protocol that accepts a continuing role for the ECJ as the ultimate arbiter on EU law in the region.
UK and EU officials are understood to have already thrashed out a framework for an agreement, which will add layers of arbitration before disputes are referred to the court in Luxembourg – a compromise that will partially mirror arrangements in the wider Brexit trade deal.
Mr Sunak is poised to argue that the compromise means the Democratic Unionist Party (DUP)’s seven tests for Protocol deal are met sufficiently so that its MLAs can agree to restore powersharing government in Northern Ireland.
But several of the Prime Minister’s own backbenchers have warned him against accepting any role for the ECJ.
They have warned that it could provide a springboard for Boris Johnson to make a major critical intervention, as speculation that he wants to return as Tory leader refuses to die down.
Amid reports that Mr Johnson could pen an opinion piece on the Protocol for the weekend’s papers, an ally for the ex-prime minister insisted he has “no plans at the moment” to intervene.
But James Duddridge, a former minister, ERG member and close ally of Mr Johnson, warned Mr Sunak against agreeing a role for the ECJ, telling i: “I will vote against any role for the ECJ and consider it a declaration of war against Brexit.
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“This is a Brexit government or it is nothing.
“He would be mad to give an inch to the EU on the Protocol.”
It came after ERG deputy chairman David Jones and several other members of the Brexiteer group of Tory backbenchers warned against the kind of compromise on the table.
Mr Jones said: “The Protocol won’t be fixed by displaying green and red signs and pretending the ECJ hasn’t got supreme jurisdiction in Northern Ireland when it manifestly has.
“NI must cease to be subject to laws made in Brussels.
“It’s as simple as that. Anything less won’t work.”
It came as an ERG source criticised Mr Sunak’s Downing Street operation for failing to engage with MPs during the negotiations, warning it would backfire as he has not “sold” the deal to them.
“The mystery as to who is in charge of the negotiations is mirrored by a mystery as to who is responsible for liaising with MPs,” the source said.
“Queries about the deal disappear into the ether or are met with a denial there is any deal to discuss. Who do you call?
“The lack of political engagement gives the impression they are not particularly interested in the politics of Northern Ireland or indeed Brexit and think it’s a problem that will go away. It won’t.
“Even under Theresa May and Gavin Barwell No 10 tried to engage in attempts to explain and sell their Chequers deal.”
A No 10 source however insisted Mr Sunak was likely to speak to key backbenchers in the coming days to minimise any political fallout.
