By Tony O’Reilly-
The Northern Ireland protocol came into force in January last year because special trading arrangements were needed after the U.K. left the EU.
The protocol was designed to avoid the need for a hard border between Northern Ireland and the Republic of Ireland, which remains part of the bloc.
However, the terms of the deal have been constantly subject to delays, disputes, and price rises because goods arriving in Northern Ireland require some checks.
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The agreement came into force in January last year because special trading arrangements were needed after the U.K. left the EU.
The EU has threatened to use “all the measures at its disposal” after the United Kingdom signalled it would introduce legislation to change the post-Brexit status of Northern Ireland.
The proposed change of the legally binding treaty is an apparent breach of international law — but the British government says it is an insurance policy in case it can’t reach an agreement with the bloc to end a long-running dispute over post-Brexit trade rules.
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Discussed and explored for over a year, the Northern Irish boarder has been stale mate, with little sign of progress ahead.
U.S president, Joe Biden even intervened last year by making it clear that he is Irish, and that a departure from the Good Friday Agreement in any form would likely have consequences from his government. His involvement threatened the decades long alliance between the Uk and the U.S, but Boris Johnson’s government appear to have concluded that the two allies will have to manage their differences over the issue,
Britain is taking an independent position on the issue, which will give rise to more tension and debate in the weeks and months ahead, unless a resolution is found.
Flexibility
Foreign Secretary Liz Trust has accused EU lawmakers of failing to show the “requisite flexibility” over the protocol.
Ms Truss confirmed on Tuesday that the government intends to introduce the controversial legislation to make changes to the Northern Ireland protocol “in the coming weeks.”
The protocol is part of the post-Brexit trading agreement which requires checks on some goods entering Northern Ireland from the rest of the U.K.
Concerns
Maroš Šefčovič, the European Commisison vice-president in charge of Brexit negotiations for the EU, has issued to the Truss statement. In it he stresses the EU’s desire to reach a negotiated settlement with the UK on changes to the Northern Ireland protocol, and says “the potential of the flexibilities” proposed by the EU have “yet to be fully explored”.
But Šefčovič says the UK plan to ignore parts of the protocol “raises significant concerns”. If the UK goes ahead with this, Brussels will respond “with all measures at its disposal”, he says.
That could mean trade measures, including tariffs and other measures that involve shelving the post-Brexit free trade deal.
He stated:
”The announcement by the UK government, however, to table legislation that would disapply constitutive elements of the protocol, raises significant concerns
. First, because the protocol is the solution agreed between the EU and the UK to address the challenges posed by the UK’s withdrawal from the EU for the island of Ireland, and to protect the hard-earned gains of the peace process.
Second, because the protocol is an international agreement signed by the EU and the UK. Unilateral actions contradicting an international agreement are not acceptable.
Third, because the withdrawal agreement and its protocol are the necessary foundation for the trade and cooperation agreement, which the EU and the UK have agreed upon to organise their overall relationship after the UK’s withdrawal”.
Should the UK decide to move ahead with a bill disapplying constitutive elements of the protocol as announced today by the UK government, the EU will need to respond with all measures at its disposal. Our overarching objective is to find joint solutions within the framework of the protocol. That is the way to ensure legal certainty and predictability for people and businesses in Northern Ireland.
Truss’ comments are likely to exacerbate the risk of retaliation from Brussels and could kickstart a trade war with the world’s largest trading bloc.
“Our preference is to reach a negotiated outcome with the EU and we have worked tirelessly to that end and will continue to do so,” Truss said in the U.K.’s House of Commons.
“The government is clear that proceeding with the bill is consistent with our obligations in international law and in support with our prior obligations in the Belfast Good Friday Agreement,” Truss said, prompting jeers from opposition lawmakers.
The agreement came into force in January last year because special trading arrangements were needed after the U.K. left the EU.
‘This bill is legal’
“Respect for the rule of law runs deep in our Tory veins, I find it extraordinary that a Tory government needs to be reminded of that,” Simon Hoare, Conservative lawmaker and Northern Ireland Affairs Committee chair, said in parliament.
His comments come amid concerns about the legitimacy of a bill that could be rendered ineffective if the government is judged to be in breach of international law.
Northern Ireland is currently gripped by a power-sharing crisis after the province’s largest unionist party blocked the election of a Stormont Assembly speaker — effectively preventing the formation of a new executive.
The Democratic Unionist Party, which came second behind Sinn Fein in May 5 elections, says U.K. lawmakers must abolish the protocol, arguing that a customs border has been created across the Irish Sea and this undermines Northern Ireland’s place within the U.K.
The EU has urged Britain not to take unilateral action to override parts of the Brexit deal with Northern Ireland, warning there will be consequences if it does.
Johnson — despite renegotiating and signing up to the Northern Ireland protocol — has said “there will be a necessity to act” if the EU’s position does not change.
“Either they did not understand their own agreement, they were not upfront about the reality of it or they intended to break it all along,” Labour Shadow Foreign Minister Stephen Doughty said in the House of Commons.
“The prime minister negotiated this deal, signed it, ran an election campaign on it, he must take responsibility for it and make it work,” he added.
Analysts at political risk consultancy Eurasia Group have estimated that legislation enabling the government to unilaterally override the protocol would take at least six months to agree, citing opposition to the measure in the House of Lords, the second chamber of U.K. Parliament.
Germany’s Olaf Scholz has called on the U.K. to avoid taking unilateral action over the protocol, while Belgian Prime Minister Alexander De Croo has said that the U.K. not abiding by the deal would create a significant problem for the EU’s internal market.
The U.S., meanwhile, has encouraged dialogue between Britain and the EU to resolve the impasse.
Former U.K. Prime Minister Theresa May has warned that the U.K. scrapping parts of the protocol could harm Britain’s reputation for abiding by international law.
“Firms are already reeling from the rising cost of doing business,” Angela McGowan, Confederation of British Industry Northern Ireland director, said in response to the U.K. government’s statement.
“The last thing they want is further uncertainty in trading arrangements amid global supply chain challenges. Now more than ever, flexibility and compromise are needed from both sides to reach lasting trade solutions, securing peace and prosperity,” she added.
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