Three big beasts in the DUP say the Irish Sea border remains - and that the party's seven tests have not been met

​In an article that they sent to the News Letter entitled ‘The Battle Goes On – No Surrender’ – the DUP chairman Lord Maurice Morrow, Lord Nigel Dodds and East Antrim MP Sammy Wilson say that they do not share the view of those in the DUP who believe that the Irish Sea border issue has been dealt with.

It comes amid simmering tensions in the DUP over the deal the party struck with the UK government to restore Stormont and ease trade restrictions on goods travelling from Great Britain to Northern Ireland.

The three DUP big-hitters say “there can be no dispute about it, there is still a border in the Irish Sea”.

While welcoming the smoothing of some trade restrictions and ‘confidence building measures’ secured by their party – they say the Protocol / Windsor Framework “is still intact and that the EU still holds a grip on significant areas of our economic life.

"Through no fault of our negotiators, and it’s no criticism of their commitment, it has not been possible to deliver on the seven tests by which we said we would judge the outcome of discussions with the government”.

However, also writing in today’s paper, the DUP’s deputy leader has a different assessment of what has been achieved. Gavin Robinson says: "The DUP set out to remove the internal trade border in the Irish Sea and that is exactly what we have achieved.”

Both the party officers and Mr Robinson separately offered essays to the News Letter. Mr Robinson said: “The arrangements we have secured not only restore but safeguard Northern Ireland’s place in the United Kingdom and its internal market.

"Having taken the time to speak with ordinary people, many of whom care deeply about Northern Ireland’s place in the United Kingdom, I remain convinced that there is broad support, and buy-in, for the package of measures we have delivered”.

The East Belfast MP also says “people deserve - and respect - straight-talking from their elected representatives. Sir Jeffrey and I have had no qualms about saying that this agreement is imperfect”.

He argues that “there remains unfinished business”.

What changes have been secured to the Windsor Framework’s green lane – and whether that constitutes a border in the Irish Sea – isn’t the only division within the party.

Lords Morrow and Dodds and Mr Wilson have raised concerns about the continued building of border posts at Larne. They say: “The Government has accepted, and is implementing, the right of the EU to exercise… powers or indeed to demand that all goods go through the full EU border control checks if the EU decides it wants them to.

"Thus it is obvious that the battle on the Irish Sea border is not over.

"Indeed for many companies in NI there will still be a requirement for their goods to go through the full EU border red lane procedures and checks even though they will never sell any of their goods into the EU and their products will stay in Northern Ireland or go back to the rest of the UK. That is NOT the free circulation of goods within the UK internal market.”

Today, Gavin Robinson has hit out at those he calls “detractors” – who he says have a different yardstick to measure progress than the DUP.

He says: “We have always accepted that checks in place before Brexit should continue and that goods… proceeding on from Great Britain, through Northern Ireland, to the EU may have different arrangements. That is very different from demanding the removal of any and all barriers to trade between Great Britain and Northern Ireland - a mantra our opponents espouse.”

Mr Robinson also argues that the green lane is gone. “Not renamed - replaced. There will be a new UK Internal Market System for these goods that are destined for Northern Ireland, with no routine checks - physical or visual - and no requirement for international customs paperwork”, he said.

But the three party officers say that beyond the green and red lanes, the Irish Sea border “is still obvious in many other ways from restrictions on what you can order from the rest of the UK to the way Northern Ireland is excluded from laws applying elsewhere in the UK because of the Protocol/Windsor Framework.

“In some 300 areas EU jurisdiction has been applied through hundreds of foreign laws and that all remains fully in force. The “Stormont Brake” does not apply to this. Northern Ireland producers and consumers are subject to foreign laws even where they do not trade with the EU at all. The EU still has the sole right to propose and make laws in these areas.”

They say that “There is no doubt that many would love to see these contentious, difficult and embarrassing issues go away. The fact is they will not…and they should not be allowed to.

“The whole Protocol/Windsor Framework arrangements come up for review in November and it would be political madness to let these issues disappear, or refuse to highlight them. That would be an excuse for not having to address them and get rid of them. Only by keeping attention on them can we force the government, the EU and the Assembly parties to address them, however more difficult the task now is.”​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​

Despite both wings of the DUP arguing that there is more to do – it is clear that the government has moved beyond the issue. On Monday, during his visit to Northern Ireland, the Prime Minister was asked by the News Letter about Sir Jeffrey Donaldson’s view that the DUP had brought about change but there was more to do, and whether he believed there was more room for movement from the government.

Rishi Sunak said: "I’m very confident that on the basis of all the meetings I’ve had this morning, yesterday, people are looking forward. They’re not looking backwards. They see this as a really important moment for the people of Northern Ireland. The Executive is back up and running after a long time of working through people’s concerns, making sure that we could address those – and I believe we have. And that’s why you’ve seen the Executive restored.

"And now actually the focus is not on any of those things, the focus – consistently and unanimously – is on delivering for the people of Northern Ireland and that means specifically on the day to day issues of public services like the NHS. That’s what everyone’s focus is on right now. On the basis of all the meetings I’ve had today and yesterday I’m confident that there is unanimity that that needs to be and should be the focus. That’s very much been the tone, positive tone, of all the conversations I’ve had today”.