Ahead of a debate on the agreed mechanism in the House of Commons on Monday, the North’s First Minister said she was joining with “like-minded” unionists in a two-pronged legal and political assault on the clause.
As The Irish Times reports, other senior DUP figures, Jeffrey Donaldson, Nigel Dodds and Sammy Wilson, have said they will be named parties in the threatened judicial review proceedings against the section of the deal, co-brokered by British prime minister Boris Johnson.
“Alongside the political action we have been taking, we have considered a number of legal routes, and will be joining other unionists from across the United Kingdom in judicial review proceedings to challenge the protocol.
“Unless arrangements are put in place which are consistent with the Act of Union 1800, the Northern Ireland Act of 1998 and the Belfast Agreement,” said Ms Foster on Sunday.
Anger has been mounting among many unionists and loyalists to a de facto trade border in the Irish Sea – entailing customs and regulatory checks – as a result of the UK’s decision to leave the EU and efforts to avoid a hard border on the island of Ireland.
Ms Foster indicated the “like-minded unionists” who will join the legal challenge include former Brexit Party MEP Ben Habib, Labour peer Kate Hoey and Traditional Unionist Voice leader Jim Allister.
“Fundamental to the Act of Union is unfettered trade throughout the United Kingdom,” she said.
“At the core of the Belfast Agreement was the principle of consent, yet the Northern Ireland protocol has driven a coach and horses through both the Act of Union and the Belfast Agreement.”
Ms Foster said there was no consent from the Northern Ireland Assembly, the Northern Ireland Executive or the people of the North for the flow of goods from Britain to Northern Ireland “being impeded by checks”.
“We are following our five-point plan of opposition to the protocol and will challenge its imposition in the courts, in parliament, in Stormont and in Brussels. The views of unionists will not be sidelined nor our concerns silenced,” she added.