THE DUP has been warned that failure to accept a compromise deal on the protocol will "mark the beginning of a new conversation about constitutional change".
The warning from SDLP MLA Matthew O'Toole came as Sammy Wilson said that a continued oversight role for European Court of Justice (ECJ) would be unacceptable to his party.
The East Antrim MP said if the ECJ's role is "reduced not removed" in a deal brokered between the EU and UK then the party's seven tests would not be met.
There has been increased speculation in recent days that London and Brussels have reached agreement on the post-Brexit trade arrangements and may make an announcement early next week.
British Prime Minister Rishi Sunak is expected to meet EU leaders, including European Commission President Ursula von der Leyen, this weekend in Munich.
Downing Street has dismissed speculation that a deal has been done.
Mr Wilson said he had yet to see any detail of the proposed agreement but he would judge it by the "promises" the UK government made in its command paper last year and the Northern Protocol Bill.
He told the BBC that the contentious legislation, the passage of which has reportedly been delayed, was supposed to address the role of the ECJ.
The DUP MP said the only reason there would be a role for the ECJ was "because it has to adjudicate on EU laws which apply in Northern Ireland".
"The role of the ECJ would only be there because the undemocratic nature of the protocol would still exist – ie the laws would be made in Brussels, without any reference to Northern Ireland; they'd be imposed on Northern Ireland without any chance for the Northern Ireland Assembly to decide whether they're good, bad, indifferent or need amended or should be applied," he said.
The DUP's seven tests for the protocol, first outlined by Sir Jeffrey Donaldson in July 2021, make no reference to the ECJ.
Mr Wilson said the ECJ wasn't mentioned in the party's seven tests because "there shouldn't be any role for the ECJ because there should be no role for EU law and Northern Ireland."
"If the ECJ still have a role then it only has a role because EU laws are still going to be imposed on people in Northern Ireland," he said.
"And I must say, regardless of what your your view is on the protocol, or on Brexit, if you are a politician of any shade in Northern Ireland, you should be objecting to laws being made over your head over which have no say even if they are detrimental to the people who you represent."
Alliance MP Stephen Farry said he was "encouraged" by the recent reports of a potential deal.
"The DUP’s seven tests are not the yardstick by which most people or businesses will judge any outcome," the North Down MP said.
"Instead, they understand the need for the protocol, and want to see a pragmatic way forward. We will be judging it on the basis that it protects dual market access, and brings long-terms sustainable solutions giving clarity and certainty to businesses and other stakeholders."
Mr O'Toole said the public had "run out of patience with the DUP’s boycott" and that the party was setting a "new unmeetable test ever day".
"If they choose not to reenter government on the basis of a UK/EU deal which involves significant compromise between all parties then it will mark the beginning of a new conversation about constitutional change and how this place is governed in the long term," the South Belfast MLA said.
“Our people deserve so much better than this.”
