IN the midst of the sound and fury over the recent Scottish judges’ ruling on the Prime Minister’s prorogation of Parliament – that it was illegal – news of the High Court of Northern Ireland ruling that a no-deal Brexit poses no threat to the Good Friday Agreement has passed all but unnoticed.

But yes, the High Court in Belfast has dismissed claims that a no-deal Brexit and the imposition of a hard border would damage the Northern Ireland peace process.

Lord Justice Bernard McCloskey said the applications were a matter of politics and that was not an area in which courts should intervene. 

Delivering his judgment, the judge said: ‘Virtually all of the assembled evidence belongs to the world of politics, both national and supra-national.

‘Within the world of politics, the well-recognised phenomena of claim and counter-claim, assertion and counter-assertion, allegation and denial, blow and counter-blow, alteration and modification of government policy, public statements, unpublished deliberations, posturing, strategy and tactics are the very essence of what is both countenanced and permitted in a democratic society.’

This dismissal, which follows the reasoning of the earlier London High Court ruling which found Boris Johnson’s prorogation of parliament for five weeks to be lawful, leaves the Scottish judges’ impartiality ever more open to question.

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