Asked by: Baroness Hoey (Non-affiliated - Life peer)
Question to the Northern Ireland Office:
To ask His Majesty's Government, further to the Written Answer by Lord Caine on 4 March and with regard to paragraphs 54 and 65 of the relevant Supreme Court judgment, whether they can confirm that the inconsistency between the Acts of Union and the protocol was not at issue before the Supreme Court because the Government did not lodge any cross appeal from the Court of Appeal’s decision that such inconsistency existed.
Answered by Lord Caine - Lord in Waiting (HM Household) (Whip)
The Supreme Court clearly set out in its judgement of 8 February 2023 the issues it considered and its reasoning for reaching the conclusions it did.
The Government’s consistent position on these matters is set out in the Safeguarding the Union Command Paper, which is that the Windsor Framework (which replaced the old Protocol) applies entirely consistently with Northern Ireland’s constitutional position within the United Kingdom, including as expressed in the relevant statute today.