By Ben Habib, Chairman of Brexit-Watch.org
Dear Fellow Pro-unionists
I have just reviewed our draft submission to the Supreme Court.
Every time I review our case, it seems to me there can be no basis on which its contentions could fail. So I travel in hope that British justice will be blind to politics and adjudicate in our favour.
The best way for HMG to have dealt with the Protocol would, indeed, have been to concede our case. In doing so, the Protocol would automatically have become unlawful, thus enabling govt unilaterally to terminate it entirely in accordance with international law.
I put this idea to many self-professed unionists in govt but, as yet, there is no indication they will take this correct and expedient route. They would, it seems, prefer to fight the case and take the long road of the extremely uncertain Northern Ireland Protocol Bill.
I am increasingly of the view HMG remains fearful of challenging the EU and the Republic of Ireland:
– Astonishingly, it intervened in the Poots case (against checks across the Irish Sea) to confirm Northern Ireland is a foreign country when it comes to goods moving from GB – can you imagine our own govt arguing part of the country is foreign?!
– Chris Heaton-Harris’s first trip as SoS of NI was to cosy up to Coveney;
– The Bill going through Parliament to revoke EU legislation, specifically excludes Northern Ireland; and
– In a scene I would have thought impossible until this week, Steve Baker, Minister of State for NI, apologised to the EU and the RoI over his attitude to Brexit and Northern Ireland. Has he forgotten he is a Minister of the British govt? He is not an EU commissioner. He should be apologising to British citizens across the UK for HMG’s abject failure thus far in ditching the Protocol.
Anyway, we are where we are. This case goes to the Supreme Court on 30 November and I hope and pray we will prevail. If we do, the result would be seismic.
Best wishes
Ben Habib
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Ben Habib is founder and CEO of First Property Group plc, an award-winning commercial property fund manager. He is an ardent Brexiteer and former MEP for London on behalf of the Brexit Party (July 2019 to Jan 2020). He is Chairman of Brexit-Watch.org .