
Reiterates Commitment to Investing in America to Lower Grocery Prices, Raise Associate Wages, and Support Local Communities Highlights Resilience of Value Creation Model and Strong Momentum to Drive Long-term, Sustainable Growth Board of Directors Authorizes $7.5B Share Repurchase Program including $5B Accelerated Share Repurchase CINCINNATI , Dec. 11, 2024 /PRNewswire/ -- The Kroger Co. (NYSE: KR) today terminated its merger agreement with Albertsons after the U.S. District Court for the District of Oregon granted the Federal Trade Commission's request for a preliminary injunction to block the proposed merger. After reviewing options, the company determined it is no longer in its best interests to pursue the merger. "Kroger is moving forward from a position of strength. Our go-to-market strategy provides exceptional value and unique omnichannel experiences to our customers which powers our value creation model. We look forward to accelerating our flywheel to grow our alternative profit businesses and generate increased cash flows. The strength of our balance sheet and sustainability of our model allows us to pursue a variety of growth opportunities, including further investment in our store network through new stores and remodels, which will be an important part of our 8 – 11% TSR model over time," said Rodney McMullen , Kroger's Chairman and CEO. America's Grocer is Committed to Lowering Grocery Prices & Investing in Associates "Kroger has an extraordinary track record of investing in America," said McMullen. "We are at our best when we serve others – our customers, associates, and communities – and we take seriously our responsibility to provide great value by consistently lowering prices and offering more choices. When we do this, more customers shop with us and buy more groceries, which allows us to reinvest in even lower prices, a better shopping experience and higher wages. We know this model works because we've been doing it successfully for many years, and this is exactly what we will continue to do." Kroger's ongoing investments in America include: $5 billion in lower prices since 2003 $2.4 billion in incremental wage increases on top of industry-leading benefits since 2018, a 38% increase in average hourly rate, while growing opportunities for a largely unionized grocery workforce $3.6 - $3.8 billion in annual capital investments to build new and remodel stores, food processing and other facilities, improve the customer experience and create additional job opportunities $2.3 billion to support local communities through charitable giving since 2017, including $1.5 billion to feed hungry families "I appreciate our associates who remained focused on taking care of our customers, communities and each other throughout the merger process," added McMullen. Share Repurchase Program Including Accelerated Share Repurchases Now that Kroger has terminated the merger agreement, the company is ready to deploy its capacity. With its strengthened balance sheet, Kroger will resume share repurchases after a more than two-year pause. Since announcing the merger, Kroger used its strong free cash flow and debt financing to build meaningful balance sheet capacity while maintaining its investment-grade rating. Kroger's Board of Directors approved a new share repurchase program authorizing the repurchase of up to $7.5 billion of common stock. The new repurchase authorization replaces Kroger's existing $1 billion authorization which was approved in September 2022 . Kroger intends to enter an accelerated share repurchase ("ASR") agreement for the repurchase of approximately $5 billion of common stock. "Our strong balance sheet and free cash flows position us to deliver on our commitment to grow the business and return capital to shareholders, maintaining capacity to invest in lower prices and higher associate wages," McMullen said. Kroger expects to continue to generate strong free cash flow and remains committed to its capital allocation priorities including maintaining its current investment grade debt rating, investing in the business to drive long-term sustainable net earnings growth, and returning excess free cash flow to shareholders via share repurchases and a growing dividend over time, subject to board approval. Looking forward, Kroger plans to host an Investor Day event in late spring of 2025 to share an update on its strategic priorities, future growth prospects and long-term financial outlook. Merger Debt Redemption In connection with the termination of the merger agreement, Kroger will begin the process of redeeming the $4.7 billion of its senior notes issued on August 27, 2024 , that include a special mandatory redemption provision in accordance with their terms. The notes will be redeemed at a redemption price equal to 101% of their principal amount, plus accrued and unpaid interest to, but excluding, the special mandatory redemption date. Termination of Exchange Offers In connection with the termination of the merger agreement, Kroger has also elected to terminate its previously announced offers to exchange (collectively, the "Exchange Offers") any and all outstanding notes (the "ACI Notes") issued by Albertsons Companies, Inc., New Albertsons, L.P., Safeway Inc., Albertson's LLC, Albertsons Safeway LLC and American Stores Company, LLC (collectively, the "ACI Issuing Entities"), for up to $7,441,608,000 aggregate principal amount of new notes to be issued by Kroger and cash. Kroger has also elected to terminate the related solicitation of consents (the "Consent Solicitation" and, together with the Exchange Offer, the "Exchange Offer and Consent Solicitation") on behalf of the ACI Issuing Entities to adopt certain proposed amendments to the indentures governing the ACI Notes (the "ACI Indentures"). As a result of the Exchange Offer being terminated, the total consideration, including any consent fee, will not be paid or become payable to holders of the ACI Notes who have validly tendered and not validly withdrawn their ACI Notes for exchange in the Exchange Offer, and the ACI Notes validly tendered and not validly withdrawn for exchange pursuant to the Exchange Offer will be promptly returned to the tendering holders. As a result of the Consent Solicitation being terminated, the proposed amendments to the ACI Indentures and the supplemental indentures previously entered into reflecting such proposed amendments will not become operative. About the Exchange Offers Global Bondholder Services Corporation served as exchange agent and information agent for the now terminated Exchange Offer and Consent Solicitation. You should direct questions and requests for assistance to Global Bondholder Services Corporation at (855) 654-2015 (toll-free) or (212) 430-3774 (banks and brokers), or by email at contact@gbsc-usa.com . About Kroger At The Kroger Co. (NYSE: KR), we are dedicated to our Purpose: to Feed the Human SpiritTM. We are, across our family of companies nearly 414,000 associates who serve over eleven million customers daily through a seamless digital shopping experience and retail food stores under a variety of banner names , serving America through food inspiration and uplift, and creating #ZeroHungerZeroWaste communities. To learn more about us, visit our newsroom and investor relations site. Forward Looking Statements This press release contains certain statements that constitute "forward-looking statements" about Kroger's financial position and the future performance of the company. These statements are based on management's assumptions and beliefs in light of the information currently available to it. Such statements are indicated by words or phrases such as "achieve," "committed," "confidence," "continue," "deliver," "expect," "future," "guidance," "model," "outlook," "strategy," "target," "trends," "well-positioned," and variations of such words and similar phrases. Various uncertainties and other factors could cause actual results to differ materially from those contained in the forward-looking statements. These include the specific risk factors identified in "Risk Factors" in our annual report on Form 10-K for our last fiscal year and any subsequent filings, as well as the following: Kroger's ability to achieve sales, earnings, incremental FIFO operating profit, and adjusted free cash flow goals may be affected by: the termination of the merger agreement and our proposed transaction with Albertsons and related divestiture plan; labor negotiations; potential work stoppages; changes in the unemployment rate; pressures in the labor market; changes in government-funded benefit programs; changes in the types and numbers of businesses that compete with Kroger; pricing and promotional activities of existing and new competitors, and the aggressiveness of that competition; Kroger's response to these actions; the state of the economy, including interest rates, the inflationary, disinflationary and/or deflationary trends and such trends in certain commodities, products and/or operating costs; the geopolitical environment including wars and conflicts; unstable political situations and social unrest; changes in tariffs; the effect that fuel costs have on consumer spending; volatility of fuel margins; manufacturing commodity costs; supply constraints; diesel fuel costs related to Kroger's logistics operations; trends in consumer spending; the extent to which Kroger's customers exercise caution in their purchasing in response to economic conditions; the uncertainty of economic growth or recession; stock repurchases; changes in the regulatory environment in which Kroger operates, along with changes in federal policy and at regulatory agencies; Kroger's ability to retain pharmacy sales from third party payors; consolidation in the healthcare industry, including pharmacy benefit managers; Kroger's ability to negotiate modifications to multi-employer pension plans; natural disasters or adverse weather conditions; the effect of public health crises or other significant catastrophic events; the potential costs and risks associated with potential cyber-attacks or data security breaches; the success of Kroger's future growth plans; the ability to execute our growth strategy and value creation model, including continued cost savings, growth of our alternative profit businesses, and our ability to better serve our customers and to generate customer loyalty and sustainable growth through our strategic pillars of fresh, our brands, personalization, and seamless; the successful integration of merged companies and new strategic collaborations; and the risks relating to or arising from our proposed nationwide opioid litigation settlement, including our ability to finalize and effectuate the settlement, the scope and coverage of the ultimate settlement and the expected financial or other impacts that could result from the settlement. Our ability to achieve these goals may also be affected by our ability to manage the factors identified above. Our ability to execute our financial strategy may be affected by our ability to generate cash flow. Kroger assumes no obligation to update the information contained herein unless required by applicable law. Please refer to Kroger's reports and filings with the Securities and Exchange Commission for a further discussion of these risks and uncertainties. View original content to download multimedia: https://www.prnewswire.com/news-releases/kroger-reiterates-its-commitment-to-lower-prices-and-initiates-new-7-5b-share-buyback-program-302329493.html SOURCE The Kroger Co.Michigan's defense of national title fell short, aims to cap lost season with win against Ohio State
IRVING, Texas (AP) — The NFL will consider expanding replay assist to include facemask penalties and other plays. Officials have missed several obvious facemask penalties this season, including two in a three-week span during Thursday night games. “When we see it, because I see it like yourselves and the fans, I have an opportunity to see it from a different angle and see it from a slow-mo,” NFL executive Troy Vincent said Wednesday at the league’s winter meetings. “When you think about the position of where the officials are, things are happening so fast. Sometimes the facemask can be the same color as the gloves. There’s a lot happening. Concerning? Yes, because that’s a big miss. That’s a big foul. That’s why we would like to consider putting that for the membership to consider putting that foul category that we can see, putting that (penalty flag) on the field to help. There is a frustration, and we believe that is one category we can potentially get right." Vikings quarterback Sam Darnold was grabbed by his facemask and brought down in the end zone to end Minnesota’s comeback attempt against the Rams on Oct. 24. But there was no call. On Oct. 3, officials missed a facemask on Buccaneers running back Bucky Irving while he ran for 7 yards late in the fourth quarter. Tampa Bay instead was called for holding on the play, got forced out of field-goal range and Kirk Cousins rallied the Falcons to an overtime victory. “That is one this year, the facemask seems like it was the obvious one” Vincent said. “That keeps showing up.” Vincent also cited hits on a defenseless player, tripping, the fair catch, an illegal batted ball, an illegal double-team block, illegal formations on kickoffs and taunting as other areas that warrant consideration for replay assist. Current rules only allow replay assist to help officials pick up a flag incorrectly thrown on the field, or in assisting proper enforcement of a foul called on the field. The NFL’s Competition Committee will review potential recommendations for owners to vote on for expanding replay assist. Vincent was emphatic about the league’s desire to eliminate low blocks that could lead to serious injuries. “The low block below the knee needs to be removed from the game,” Vincent said. “You look at high school, you look at college, too. Every block should be above the knee, but below the neck. All the work that we’ve done for the head and neck area, all the things that we’ve taken out of the game, this is the right time for us to remove the low block out of the game. Be consistent with high school. Be consistent with college. Every block should be above the knee and below the neck.” The league will consider changes to the onside kick after dramatically overhauling the kickoff rule on a one-year basis. “We need to look at that. That’s a dead play,” Vincent said of the onside kick’s low success rate. “That is a ceremonial play. Very low recovery rate. When we look at the kickoff and maybe where the touchback area should be during the offseason, we need to revisit the onside kick.” Options include giving the team an opportunity to run one play to gain a certain number of yards to keep possession. The Washington Commanders’ search for a new stadium site includes options in Maryland, Virginia and the District of Columbia, and work has escalated on one in particular. NFL Commissioner Roger Goodell and controlling owner Josh Harris met with lawmakers on Capitol Hill last week about the RFK Stadium site in Washington, which requires a bill getting through Congress to transfer the land to the District government before anything else can happen. “I think there’s a bipartisan support for this,” Goodell said, adding he’d like to see it get to a vote soon. “We hope that it will be addressed and approved so that it’s at least an alternative for the Commanders if we go forward. I grew up in Washington, and I know would be exciting for a lot of fans.” The NFL continues to discuss a potential 18-game season, but would need approval from the players’ union. “We are doing analysis I would say, but we are not finalizing any plans at this point,” Goodell said. “They’ll share that analysis with the players’ union, which would need to agree to any change.” AP Sports Writer Stephen Whyno contributed. AP NFL: https://apnews.com/hub/nfl( MENAFN - IANS) Jaipur, Dec 28 (IANS) The Rajasthan government on Friday released an advisory on 'Deepfakes' to spread awareness among individuals and organisations about the associated threats and possible ways of prevention. The advisory focuses on threats and countermeasures to ensure effective cyber hygiene and security among the general public at the ground level. The identified target audience or potential beneficiaries, according to the advisory, include both individuals as well as organisations. The advisory was issued in consonance with the cyber security measures or actionable points determined during the third National Conference of Chief Secretaries under the theme "Cyber Security: Emerging Challenges". The advisory explained Deepfake technology as an application of Artificial Intelligence in the manipulation of videos, images and even audio. The major risks associated with Deepfake technology are the spread of misinformation, fraud or scams and reputational damage. Both positive and negative applications of Deepfakes have been identified by the advisory. While positive applications can be seen in the generation of special effects in movies and engaging or interactive educational content, there are numerous negative uses as well. There is a risk of financial fraud through impersonation, disinformation to manipulate public opinion, along with emotional and financial extortion through non-consensual explicit content. The concerned advisory also highlights certain preventive steps which can be referred to by both individuals and organisations to avoid mishaps caused by Deepfake technology and its negative applications. Individuals and organisations are advised to do cross-referencing for every information and exercise extreme caution in case of personal information. Certain measures like Multi-Factor Authentication or MFA, strong privacy settings, verification protocols, and consistent security audits can aid the general public in combating the ill effects of Deepfake technology. On an individual level, the general public is advised to be cautious while sharing any information in the digital space. It is advised to assess the authenticity of the source of concerned information. The concerned advisory also provided certain preventive measures meant specifically for organisations. For organisations dealing with large amounts of company and customer data, it is advised to make use of MFA to ensure secure use, storage and transfer of data. Organisations are also advised to undertake security audits at regular intervals along with the usage of encrypted modes of communication. The advisory also suggests the formulation of crisis management plans in case of any mishap. For further assistance and information, the advisory is available for reference to the general public. MENAFN27122024000231011071ID1109035807 Legal Disclaimer: MENAFN provides the information “as is” without warranty of any kind. We do not accept any responsibility or liability for the accuracy, content, images, videos, licenses, completeness, legality, or reliability of the information contained in this article. If you have any complaints or copyright issues related to this article, kindly contact the provider above.WASHINGTON (AP) — President Joe Biden kicked off his final holiday season at the White House on Monday by issuing the traditional reprieve to two turkeys who will bypass the Thanksgiving table to live out their days in southern Minnesota. Biden welcomed 2,500 guests to the South Lawn under sunny skies as he cracked jokes about the fates of “Peach” and “Blossom” and sounded wistful tones about the last weeks of his presidency after a half-century in Washington power circles. “It’s been the honor of my life. I’m forever grateful,” Biden said, taking note of his impending departure on Jan. 20, 2025. That's when power will transfer to Republican President-elect Donald Trump, the man Biden defeated four years ago and was battling again until he was pressured to bow out of the race amid concerns about his age and viability. Biden is 82. Until Inauguration Day, the president and first lady Jill Biden will continue a busy run of festivities that will double as their long goodbye. The White House schedule in December is replete with holiday parties for various constituencies, from West Wing staff to members of Congress and the White House press corps. Biden relished the brief ceremony with the pardoned turkeys, named for the official flower of the president's home state of Delaware. “The peach pie in my state is one of my favorites,” he said during remarks that were occasionally interrupted by Peach gobbling atop the table to Biden's right. “Peach is making a last-minute plea,” Biden said at one point, drawing laughter from an overflow crowd that included Cabinet members, White House staff and their families, and students from 4H programs and Future Farmers of America chapters. Biden introduced Peach as a bird who “lives by the motto, ‘Keep calm and gobble on.’” Blossom, the president said, has a different motto: “No fowl play. Just Minnesota nice.” Peach and Blossom came from the farm of John Zimmerman, near the southern Minnesota city of Northfield. Zimmerman, who has raised about 4 million turkeys, is president of the National Turkey Federation, the group that has gifted U.S. presidents Thanksgiving turkeys since the Truman administration after World War II. President Harry Truman, however, preferred to eat the birds. Official pardon ceremonies did not become an annual White House tradition until the administration of President George H.W. Bush in 1989. With their presidential reprieve, Peach and Blossom will live out their days at Farmamerica, an agriculture interpretative center near Waseca in southern Minnesota. The center's aim is to promote agriculture and educate future farmers and others about agriculture in America. Separately Monday, first lady Jill Biden received the official White House Christmas tree that will be decorated and put on display in the Blue Room. The 18.5 foot (5.64 meters) Fraser fir came from a farm in an area of western North Carolina that recently was devastated by Hurricane Helene . Cartner’s Christmas Tree Farm lost thousands of trees in the storm “but this one remained standing and they named it ‘Tremendous’ for the extraordinary hope that it represents,” Jill Biden said at the event. The Bidens were also traveling to New York City on Monday for an evening “Friendsgiving” event at a Coast Guard station on Staten Island. Biden began his valedictory calendar Friday night with a gala for hundreds of his friends, supporters and staff members who gathered in a pavilion erected on the South Lawn, with a view out to the Lincoln Memorial. Cabinet secretaries, Democratic donors and his longest-serving staff members came together to hear from the president and pay tribute, with no evidence that Biden was effectively forced from the Democratic ticket this summer and watched Vice President Kamala Harris suffer defeat on Nov. 5. “I’m so proud that we’ve done all of this with a deep belief in the core values of America,” said Biden, sporting a tuxedo for the black-tie event. Setting aside his criticisms of Trump as a fundamental threat to democracy, Biden added his characteristic national cheerleading: “I fully believe that America is better positioned to lead the world today than at any point in my 50 years of public service.” The first lady toasted her husband with a nod to his 2020 campaign promise to “restore the soul of the nation,” in Trump’s aftermath. With the results on Election Day, however, Biden’s four years now become sandwiched in the middle of an era dominated by Trump's presence on the national stage and in the White House. Even as the first couple avoided the context surrounding the president's coming exit, those political realities were nonetheless apparent, as younger Democrats like Maryland Gov. Wes Moore , Illinois Gov. J.B. Pritzker and Biden's Secretary of Transportation Pete Buttigieg not only raised their glasses to the president but held forth with many attendees who could remain in the party's power circles in the 2028 election cycle and beyond. ___ Associated Press writer Steve Karnowski in Minneapolis contributed to this report.
NoneThe Onion's bid to buy Infowars goes before judge as Alex Jones tries stopping saleIf 2024 wasn’t the “Year of Artificial Intelligence,” then 2025 most certainly will be. In late 2023, CNHI and The Daily Item partnered for a two-month-long project looking at AI’s growing use in everything from education to emergency response. The technology has advanced so quickly that what was groundbreaking and earth-shattering last summer might be obsolete by the end of this year. The evolution of AI will unquestionably continue to impact our daily lives, even if we don’t know it. But understanding what AI can do — both good and bad — will remain a priority moving forward. AI continues to create efficiencies in industry, in education, in military affairs, in governance and numerous other lanes. Many of us already use AI in some capacity, in user-friendly ways boosted by algorithms we’ve long fed into. In the past week, The Associated Press has highlighted stories about growing concerns with AI-generated online business reviews and the view of students with disabilities that AI is a “game changer.” In the education story, the AP notes, “Schools everywhere have been wrestling with how and where to incorporate AI, but many are fast-tracking applications for students with disabilities,” and that the “U.S. Education Department, which has told schools they must consider whether students need tools like text-to-speech and alternative communication devices.” For business reviews, the AP reports, “The Transparency Company analyzed 73 million reviews in three sectors: home, legal and medical services. Nearly 14% of the reviews were likely fake, and the company expressed a ‘high degree of confidence’ that 2.3 million reviews were partly or entirely AI-generated.” Closer to home, officials in Union County are working on a new policy after a flood of AI-generated Right to Know requests hit the office. AI-generated scams are also becoming more prevalent, and in an era when more and more are caught up in what seem to be basic scams, higher-tech and more volatile efforts might snag more victims. The message here is to remain vigilant and proactive. Be aware that AI has its benefits and dangers, and both sides change almost daily. The goal of improving efficiencies in various outlets is worthy. Far too many people continue to exploit those growing efficiencies to create havoc and confusion. So be mindful of how you use AI and stay as informed as possible moving forward. NOTE: Opinions expressed in The Daily Item’s editorials are the consensus of the publisher, top newsroom executives and community members of the editorial board.
An online debate over foreign workers in tech shows tensions in Trump's political coalitionA man has been charged with allegedly stabbing his ex-partner at her Donegal home. The man, who is in his 30s, was brought before a special sitting of Ballyshannon District Court earlier today. The accused cannot be named for legal reasons in order to protect the identity of the alleged victim. Inspector Anthony Coyle gave evidence of arrest, charge and caution. The court heard that a protection order was served on the man in early November. He is charged that, at a named address in Donegal, he contravened a protection order in that he entered the home of the applicant without invitation and assaulted her by stabbing her. The charge is contrary to section 33(1) of the Domestic Violence Act, 2018. There was no objection to bail, which was granted by Judge Brendan O’Reilly on the accused’s own bond. Bail conditions include that he be of good behaviour and commit no further offence and reside at a name address and inform Gardai of any change. He must also comply with the terms of the protection order; have no contact, either directly or indirectly, to include social media, with the alleged injured party and any witnesses and stay away from a named address. Legal aid was granted to the man’s solicitor Mr Donough Cleary. The matter was adjourned to January 20, 2025.
Flau’Jae Johnson had to save the ball from going into the backcourt during a scramble that ended in Gilbert's go-ahead basket. Gilbert corralled the loose ball over a diving Washington player, sliced through the defense and tossed up a shot that hung on the back of the rim before falling through. Gilbert's ensuing steal sealed it. Aneesah Morrow had her 80th career double-double with 19 points and 13 rebounds to lead the Tigers (7-0). Johnson also had 19 points and Sa'Myah Smith added 16 with a career-high 15 rebounds. Sayvia Sellers had a career-high 24 points for the Huskies (6-2). Ellie Ladine had 14 points and nine rebounds. Washington, 16-15 last year, 6-12 in its final Pac-12 season, showed a lot of grit. LSU also showed a lot of grit in pulling out a win despite shooting a season-low 33%, going 3 of 19 from 3-point range. Sellers hit a tough step-back 3-pointer to bump the Washington lead to 62-57 with 4:31 to play and 18 seconds later she fouled out. The Husky reserves played 27 minutes and didn't score. LSU was 15 of 21 from the foul line as two Husky starters had four fouls in addition to Sellers fouling out. Washington shot 7 of 10 from the line. The Tigers also had 26 second-chance points off of 27 offensive rebounds. LSU plays N.C. State or Southern on Wednesday in the tournament's championship game. Washington will play before that game against the loser of N.C. State-Southern. Get poll alerts and updates on the AP Top 25 throughout the season. Sign up here. AP women’s college basketball: https://apnews.com/hub/ap-top-25-womens-college-basketball-poll and https://apnews.com/hub/womens-college-basketballRuling on Monday after an emergency hearing at Belfast High Court, judge Mr Justice McAlinden rejected loyalist activist Jamie Bryson’s application for leave for a full judicial review hearing against Northern Ireland Secretary Hilary Benn. The judge said Mr Bryson, who represented himself as a personal litigant, had “very ably argued” his case with “perseverance and cogency”, and had raised some issues of law that caused him “some concern”. However, he found against him on the three grounds of challenge against Mr Benn. Mr Bryson had initially asked the court to grant interim relief in his challenge to prevent Tuesday’s democratic consent motion being heard in the Assembly, pending the hearing of a full judicial review. However, he abandoned that element of his leave application during proceedings on Monday, after the judge made clear he would be “very reluctant” to do anything that would be “trespassing into the realms” of a democratically elected Assembly. Mr Bryson had challenged Mr Benn’s move to initiate the democratic consent process that is required under the UK and EU’s Windsor Framework deal to extend the trading arrangements that apply to Northern Ireland. The previously stated voting intentions of the main parties suggest that Stormont MLAs will vote to continue the measures for another four years when they convene to debate the motion on Tuesday. After the ruling, Mr Bryson told the court he intended to appeal to the Court of Appeal. Any hearing was not expected to come later on Monday. In applying for leave, the activist’s argument was founded on three key grounds. The first was the assertion that Mr Benn failed to make sufficient efforts to ensure Stormont’s leaders undertook a public consultation exercise in Northern Ireland before the consent vote. The second was that the Secretary of State allegedly failed to demonstrate he had paid special regard to protecting Northern Ireland’s place in the UK customs territory in triggering the vote. The third ground centred on law changes introduced by the previous UK government earlier this year, as part of its Safeguarding the Union deal to restore powersharing at Stormont. He claimed that if the amendments achieved their purpose, namely, to safeguard Northern Ireland’s place within the United Kingdom, then it would be unlawful to renew and extend post-Brexit trading arrangements that have created economic barriers between the region and the rest of the UK. In 2023, the UK Supreme Court unanimously ruled that the trading arrangements for Northern Ireland are lawful. The appellants in the case argued that legislation passed at Westminster to give effect to the Brexit Withdrawal Agreement conflicted with the 1800 Acts of Union that formed the United Kingdom, particularly article six of that statute guaranteeing unfettered trade within the UK. The Supreme Court found that while article six of the Acts of Union has been “modified” by the arrangements, that was done with the express will of a sovereign parliament, and so therefore was lawful. Mr Bryson contended that amendments made to the Withdrawal Agreement earlier this year, as part of the Safeguarding the Union measures proposed by the Government to convince the DUP to return to powersharing, purport to reassert and reinforce Northern Ireland’s constitutional status in light of the Supreme Court judgment. He told the court that it was “quite clear” there was “inconsistency” between the different legal provisions. “That inconsistency has to be resolved – there is an arguable case,” he told the judge. However, Dr Tony McGleenan KC, representing the Government, described Mr Bryson’s argument as “hopeless” and “not even arguable”. He said all three limbs of the case had “no prospect of success and serve no utility”. He added: “This is a political argument masquerading as a point of constitutional law and the court should see that for what it is.” After rising to consider the arguments, Justice McAlinden delivered his ruling shortly after 7pm. The judge dismissed the application on the first ground around the lack consultation, noting that such an exercise was not a “mandatory” obligation on Mr Benn. On the second ground, he said there were “very clear” indications that the Secretary of State had paid special regard to the customs territory issues. On the final ground, Justice McAlinden found there was no inconsistency with the recent legislative amendments and the position stated in the Supreme Court judgment. “I don’t think any such inconsistency exists,” he said. He said the amendments were simply a “restatement” of the position as set out by the Supreme Court judgment, and only served to confirm that replacing the Northern Ireland Protocol with the Windsor Framework had not changed the constitutional fact that Article Six of the Acts of Union had been lawfully “modified” by post-Brexit trading arrangements. “It does no more than that,” he said. The framework, and its predecessor the NI Protocol, require checks and customs paperwork on goods moving from Great Britain into Northern Ireland. Under the arrangements, which were designed to ensure no hardening of the Irish land border post-Brexit, Northern Ireland continues to follow many EU trade and customs rules. This has proved highly controversial, with unionists arguing the system threatens Northern Ireland’s place in the United Kingdom. Advocates of the arrangements say they help insulate the region from negative economic consequences of Brexit. A dispute over the so-called Irish Sea border led to the collapse of the Northern Ireland Assembly in 2022, when the DUP withdrew then-first minister Paul Givan from the coalition executive. The impasse lasted two years and ended in January when the Government published its Safeguarding the Union measures. Under the terms of the framework, a Stormont vote must be held on articles five to 10 of the Windsor Framework, which underpin the EU trade laws in force in Northern Ireland, before they expire. The vote must take place before December 17. Based on the numbers in the Assembly, MLAs are expected to back the continuation of the measures for another four years, even though unionists are likely to oppose the move. DUP leader Gavin Robinson has already made clear his party will be voting against continuing the operation of the Windsor Framework. Unlike other votes on contentious issues at Stormont, the motion does not require cross-community support to pass. If it is voted through with a simple majority, the arrangements are extended for four years. In that event, the Government is obliged to hold an independent review of how the framework is working. If it wins cross-community support, which is a majority of unionists and a majority of nationalists, then it is extended for eight years. The chances of it securing such cross-community backing are highly unlikely.