UK says it wants to substantially rewrite Northern Ireland Brexit protocol
The UK has launched an attempt to substantially rewrite the Northern Ireland Brexit protocol that Boris Johnson signed up to in 2019, arguing âwe cannot go on as we areâ given the âongoing febrile political climateâ in the region.
But as he unveiled the UKâs blueprint for an alternative, the Brexit minister stopped short of ripping up the document completely or arguing the time was right to trigger the article 16 provision that enables either the UK or EU to suspend part of the arrangements in extreme circumstances.
âThe difficulties we have in operating the Northern Ireland protocol are now the main obstacle to building a relationship with the EU,â David Frost warned, adding there was still time to do a fresh deal rather than walk away by triggering article 16.
âWe concluded that it is not the right moment to do so,â said Lord Frost.
But he warned that âthese proposals will require significant change to the Northern Ireland protocol. We do not shy away from that. We believe such change is necessary to deal with the situation we now face.â
In a foreword to the 28-page document, Frost and the Northern Ireland secretary, Brandon Lewis, say the proposals will ânot dispense with many of its [Northern Ireland protocol] conceptsâ but hoped to create âa stronger long-term foundation to achieve shared interestsâ.
Speaking in the House of Lords, Frost called for a ânew balanceâ in the protocol that will address the disruption to business and the trade barriers across the Irish Sea.
He said negotiations with the EU âhave not got to the heart of the problemâ and called for a temporary âstandstillâ period including the suspension of all legal action by the EU, and the operation of grace periods to allow continued trade of goods such as chilled meats including sausages.
Frost told peers âwe should return to a normal treaty framework similar to other international arrangementsâ, which had echoes of reports last year that Boris Johnsonâs former chief aide Dominic Cummings had persuaded members of the European Research Group of MPs last year to vote for the protocol because it could be changed later.
The UK also wants to scrap the involvement of EU institutions and the European court of justice in policing and governing the protocol, something that will be anathema to Brussels.
Frost said the UK was âwilling to explore exceptional arrangements around data sharing and cooperationâ and âpenalties in legislation to deter those looking to move non-compliant products from Northern Ireland to Irelandâ.
The latter has echoes of the âhonesty boxâ concept first floated in 2019 as an alternative to the Irish border backstop, which proponents said would have done away with the need for border checks allowing businesses to self-report the movement of goods with an online system for VAT payments.
The paper also proposes âa full dual regulatory regimeâ that would allow manufactured, plant or animal goods to âbe able to circulate within Northern Ireland if they meet UK or EU rulesâ. This will prompt questions as to why the UK would not accept a veterinary agreement on the free flow of food supplies that complied with EU standards.
Anton Spisak, a Brexit analyst at the Tony Blair Institute, said the move amounted to a ârenegotiation of the withdrawal agreementâ as it was âasking for changes to fundamental provisions of the protocol, especially article 12, that the joint committee [EU-UK joint governing body] has no powers to amend and modifyâ.
The shadow Northern Ireland secretary, Louise Haigh, said the breakdown was entirely predictable. âThe country will be asking: is this bad faith or simple incompetence?â she said, adding that instability had âdestroyed trust in the UK government â" an essential component of the Good Friday agreementâ.
Instead of offering reassurances to business, the government is making âmore threats to tear up the protocol with nothing to take its placeâ, Haigh said.
Businesses in Northern Ireland urged an agreed solution to be implemented as fast as possible, warning of severe consequences for the economy. Aodhán Connolly, director of the Northern Ireland Retail Consortium, said any solution had to be mutual. âWithout this, there can be no stability. This could also have severe consequences for consumers across the UKâ in the event of a trade war triggered by a breakdown in relations over the protocol.
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