Tory leader Kemi Badenoch's views on ​the Windsor Framework and ECHR are ‘concerning’ - Steve Aiken

​Steve Aiken was responding to comments by the Tory leader in which she said her party isn’t looking to “unpick” the Irish Sea border arrangements – and any attempt to leave the European Convention on Human Rights (ECHR) needed a “proper plan” for the entire UK.

Membership of the ECHR (a legal treaty separate from the EU) has been a source of controversy among the party’s backbenchers for decades – with Mrs Badenoch recently suggesting that the UK would have to leave the convention if it stops the country from doing “what is right”

Last year, legal experts warned the Northern Ireland Affairs Committee at Westminster that it is unlikely the UK could withdraw from the ECHR without triggering a review procedure built into the 1998 Belfast Agreement.

Asked by the News Letter if the Conservative Party had considered the potential impact on Northern Ireland of leaving the convention, Mrs Badenoch said there would need to be a proper examination of all of the consequences of such a policy.

Asked if the Windsor Framework is working, Mrs Badenoch warned against “going backwards” on the deal.

Responding to the comments, South Antrim MLA Mr Aiken said it was “unfortunate” that those attending the local Tory conference in Belfast last Saturday weren’t able to talk to her about the Conservative Party’s position on the Windsor Framework and on her comments on the ECHR.

“Luckily, the News Letter manged to get some responses from her, though those remarks are unlikely to bring reassurance to Unionists, or those who just want to see Northern Ireland working.

“It was perhaps telling that when asked whether the Windsor Framework was achieving its goals, Kemi warned against ‘going backwards’. The impact of the Windsor Framework so far, is not only going ‘backwards’, it is increasing divergence.

“While it was a very difficult settlement, particularly for the Conservative Party, they have not had to deal with the day to day reality of the Irish Sea Border.

“The absurdities of which I see directly each week on the Windsor Framework Democratic Scrutiny Committee.

“Disappointingly, not even to recognise the challenges and problems being imposed by the Irish Sea Border, which after all, is a self-imposed internal border within our United Kingdom, agreed by a Conservative and Unionist Prime Minister, is of concern.

“The Windsor Framework needs a fundamental review and renegotiation, unpicking is the least that we should expect.

“This is also a matter of concern because senior Conservatives have recently supported moves by Unionists MPs in Westminster, to back legislation limiting the Irish Sea Border.

“In marked contrast to not ‘unpicking’, some Conservatives have even been advocating for mutual enforcement to be revisited.

“Far from ‘unpicking’ this would represent a complete rewrite of the agreement, a move that would be a widely welcomed across businesses, consumers, the farming community and those of us who believe strongly in the Union.

“However, it is her comments on the ECHR that is of even greater concern. What is not commonly recognised is that the ECHR underpins the Belfast/Good Friday Agreement. While the ECHR has its detractors, it was a piece of legislation championed by Conservative ministers, and gives protections to us all.

“Any moves against the ECHR will have very wide ranging constitutional impacts, in Scotland, and above all, here.

“Lord Trimble, as well as being our Party Leader, before decanting to the Tory Party, was a constitutional law expert. He always cautioned against tampering with the ECHR, precisely because this would allow the unpicking of the Belfast / Good Friday Agreement allowing nationalists and others, to dilute the safeguards within it.

“Rather than having concerns about the ‘unpicking’ of the Windsor Framework, the weakening of the ECHR and its impact on the 1998 process should be a greater worry to a future potential Prime Minister of our nation”.