Court Dismisses Loyalist Activist’s Attempt to Halt Vote on Windsor Framework Arrangements

A court challenge seeking to prevent a Stormont vote on extending Northern Ireland’s post-Brexit trade arrangements has been dismissed. The legal bid, led by loyalist activist Jamie Bryson, was rejected by Belfast High Court, with the vote proceeding as planned for Tuesday.

Judge Mr Justice McAlinden ruled against Bryson’s application for a judicial review of Northern Ireland Secretary Hilary Benn’s move to trigger the democratic consent process under the Windsor Framework. Bryson had initially sought to delay the vote, but after the judge indicated he would be reluctant to intervene in matters of a democratically elected assembly, Bryson abandoned that part of his challenge.

The legal challenge centred around three main points: Bryson argued that Benn failed to ensure a public consultation in Northern Ireland before the vote, neglected to protect Northern Ireland’s place within the UK customs territory, and breached constitutional principles with amendments made earlier in the year as part of the Government’s Safeguarding the Union measures.

While Bryson believed the amendments created a conflict with Northern Ireland’s constitutional status within the UK, Government lawyer Dr Tony McGleenan argued that these points were “hopeless” and had no merit.

Justice McAlinden found no legal grounds for Bryson’s objections, ruling that consultation was not a mandatory requirement, and that the Secretary of State had clearly addressed the issue of customs territory in the voting process. Furthermore, he determined that the recent legislative changes did not conflict with the Supreme Court’s earlier ruling.

As a result of the court’s decision, the vote on the continuation of the Windsor Framework trading arrangements will go ahead as scheduled. The framework, which imposes checks and customs procedures on goods moving between Great Britain and Northern Ireland, remains highly contentious. While the arrangements are intended to avoid a hard border on the island of Ireland, they have been criticised by unionists who argue they undermine Northern Ireland’s position within the UK.

DUP leader Gavin Robinson has already stated his party’s opposition to extending the arrangements, although the vote requires only a simple majority to pass. If approved, the trading arrangements will continue for another four years, with the Government required to conduct an independent review. If cross-community support is achieved, the extension will last eight years. However, securing such support is considered unlikely given the strong opposition from unionists.