The EU’s chief Brexit negotiator Maros Šefčovič has said that the bloc will not “negotiate on the basis” of the UK government’s Northern Ireland Protocol Bill, which he called an illegal effort by Westminster to “change the game and decide what enters the EU single market.”
The Bill, which was brought to the House of Commons this week, would enable UK ministers to override parts of the Northern Ireland Protocol within the Brexit deal with the EU.
The Protocol is the mechanism which avoids a hard border on the island of Ireland by effectively keeping Northern Ireland within the EU single market and customs union. Under these conditions, it dictates that border checks must be enforced on some goods entering Northern Ireland from the wider UK.
The Protocol and its workings have faced stiff opposition from unionists in Northern Ireland, who argue that it causes delays, damages the local economy and undermines the position of Northern Ireland as part of the UK.
What ministers in the UK therefore wish to do is stop checks on goods entering Northern Ireland from Great Britain, that are not destined to continue into the neighbouring Republic of Ireland.
UK foreign secretary Liz Truss says that the government’s plan will resolve trade issues in the region, but Šefčovič has questioned its legality and said that it is akin to “putting a gun on the table” and taking a “my way or the highway approach”.
He said: “The EU cannot - and will not - accept this delicate balance being unilaterally and illegally disapplied because of an outright U-turn by the UK government.
“It is simply unrealistic - and unfair - for London to expect that all barriers can be lifted when goods move to Northern Ireland from the rest of the UK.
He added: “You are not going to negotiate when you have a gun on the table”, but suggested that the bloc was “ready to talk” under appropriate conditions.
Meanwhile, Truss has argued that the Protocol had created “a growing sense that the rights and aspirations of some parts of the community are being undermined” and that the agreement was never “set in stone forevermore” when it was signed by both parties.
She said: “It explicitly acknowledges the need for possible new arrangements in accordance with the Belfast (Good Friday) Agreement.”
Truss also argued that the EU had not shown sufficient flexibility in negotiations and the UK government had been left with no alternative but to take unilateral action.
While similar concerns to those of the EU over the legality of the government’s Northern Ireland Protocol Bill were raised in the Commons – notably by ex-prime minister Theresa May – the draft legislation has been given initial backing by MPs, with a 295 to 221 majority in favour.
The Bill will now proceed through Parliament for further scrutiny, and although it is likely to face resistance in both the Commons and the House of Lords, prime minister Boris Johnson remains hopeful that it could be passed before the end of 2022.
Photo by Rocco Dipoppa on Unsplash
