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Julian Smith: Article 2 of Protocol states it's "without prejudice to the provisions of the GFA in respect of the constitutional status of NI, + the principle of consent, which provides that any change in that status can only be made with the consent of the majority of its people
Responding to repeated questioning from Lady Sylvia Hermon MP as to why the consent mechanism in the deal is different to the consent formula in the GFA, Smith says the following:
"The Assembly rules have been laid down and carefully calibrated for the responsibilities the Assembly has. The GFA is clear that in exceptional matters, and reserve matters incl international agreements its going to be a different mechanism.
"We can't be scared by a [simple] majority vote. There is no change to the Assembly, but in this exceptional matter, and in a reserve matter, the GFA is clear: it can be a different mechanism"
[A "reserve matter" means it is a Westminster competence, not a devolved competence]
Smith adds: "People in this house would not vote for Brexit because they did not want to be trapped in the backstop. This consent mechanism puts the power back into the elected Assembly on an exceptional basis to make sure NI is not in a situation it doesn't want"
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