Newton Emerson: DUP’s best option is to say the Stormont brake has been tested and then move swiftly on

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Newton Emerson: DUP’s best option is to say the Stormont brake has been tested and then move swiftly on
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DUP has never promised this test would block an EU law. The party has only said it will show Stormont has been given “democratic scrutiny” and “the ability to have a say”.

The party never promised a brake test will block an EU law. It has only said it will show Stormont has been given ‘democratic scrutiny’ and ‘the ability to have a say’DUP leader Sir Jeffrey Donaldson: he is trying to make a point on Stormont's ability to block EU rules. Photograph: Arthur Allison/Pacemaker Press

It has now been six weeks since Stormont was restored. The first opportunity for a test has arisen with a new EU regulation to protect geographic indicators for craft and industrial products, such as Italian Murano glass or French Limoges porcelain. Failure to act would have missed Donaldson’s deadline and exposed the party to renewed criticism from unionist opponents.

Should the British government not enact the legislation the EU is entitled to take proportionate retaliation. However, there should be UK-EU talks on a compromise. Stormont may have no veto over EU law but it can oblige a sovereign government to break an international treaty affecting the EU single market, on terms the EU has agreed to tolerate. This is a remarkable privilege for a regional assembly in a third country, even in theory.

There appears to have been co-ordination over the brake test so efforts may be made to give the DUP something in this instance, or at least to spare it humiliation. In reality the DUP has indicated its overriding priority is the sea border. Nationalists have become such Europhiles they back EU law by default. Tuesday’s vote was a tribal split, with every unionist for the brake and everyone else against. There was no serious engagement with the detail of the law.

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