Adam Payne@adampayne26
A majority of Northern Ireland's assembly members (MLAs) have strongly criticised the government's plan to unilaterally override the Northern Ireland Protocol in a letter to Prime Minister Boris Johnson.
The letter is signed by 52 of Stormont's 90 MLAs and comes as the government prepares to publish legislation seeking to scrap large parts of the post-Brexit treaty.
All MLAs in Sinn Fein, Alliance, and the Social Democratic and Labour Party (SDLP) added their signatures to Monday's letter. No politician from the Democratic Unionist Party (DUP), or any other unionist party, have done so, however.
It reads: "We reject in the strongest possible terms your Gov’s reckless new Protocol legislation, which flies in the face of the expressed wishes of not just most businesses, but most people in Northern Ireland."
The government argues the plan will protect the Good Friday peace deal and help get the government in Belfast up and running. The DUP is currently blocking the formation of an Executive over their opposition to the Northern Ireland Protocol.
Speaking on Monday, Johnson said the Northern Ireland Protocol in its current form was upsetting "the balance and the symmetry" of the peace agreement and needed fixing.
"We have to understand there are two traditions in Northern Ireland, broadly two ways of looking at the border issues, and one community at the moment feels very, very estranged from the way things are operating and very alienated," he told reporters.
The letter urges ministers to abandon their plan to act unilaterally and instead up efforts to negotiate a deal with Brussels. "While we share a desire to see the arrangements work as smoothly as possible, the way to achieve that is through engagement with the European Union," it says.
It also rejects the government's argument that it is protecting the Good Friday Agreement by legislation to override the agreement with the EU.
"To complain the Protocol lacks cross-community consent, while ignoring the fact that Brexit itself – let alone hard Brexit – lacks even basic majority consent here, is a grotesque act of political distortion. Your claims to be acting to protect our institutions is as much a fabrication as the Brexit campaign claims you made in 2016," it says.
The Alliance party, led by Naomi Long MLA, has separately accused the government of sidelining Northern Irish parties which oppose their plan in the process of putting together the legislation.
In an email to government on Friday, and leaked to PoliticsHome, Long complained that "only one" political party in Stormont – the DUP – had been "central to the preparation of this legislation".
Long declined the offer of a technical briefing on the bill, arguing that the government had treated Northern Ireland's political parties in a "differential manner" in its approach.
She said: "We are, therefore, not interested in offering the government's approach any veneer of credibility, given the fact that it has been treating NI parties in a differential manner and ignoring the expressed views of a majority of NI elected representatives, businesses and civil society on this matter".
A government source hit back at the email, telling PoliticsHome that Long's characterisation of the government's engagement with Northern Ireland political parties was "inaccurate".
"It is disappointing that Naomi Long is the only party leader to reject the offer of a technical briefing on the Government’s Protocol legislation. It is designed in the best interests of all the people and businesses in Northern Ireland.
"We have engaged with all the parties throughout this process, to suggest otherwise is inaccurate".
The Northern Ireland Protocol, agreed as part of Brexit negotiations, was designed to avoid a contentious hard border on the island of Ireland, but resulted in new barriers to trade between Great Britain and Northern Ireland. The UK and EU are committed to reducing these barriers, but have failed to agree changes after eighteen of negotiations.
Foreign Secretary Liz Truss is today expected to unveil legislation that will give ministers the power to drop large parts of the treaty. The plan is set to face fierce opposition in the House of Lords and prompt legal action from the EU, as well as possible trade retaliation.
A Tory who opposes the plan said the letter to Johnson showed that the government was "showing complete and utter contempt for the people of Northern Ireland" and "a stark reminder that the government is not only lying to its own MPs and the media about the illegal focus of this bill".
https://www.politicshome.com/
Sinn Féin, SDLP and Alliance jointly write to Boris Johnson to condemn 'reckless' Protocol bill
The letter represents a majority of MLAs in Stormont but no unionists signed it.
(L to R) Naomi Long, Colm Eastwood and Michelle O'Neill. (File)
Image: Niall Carson
https://www.thejournal.ie/
STORMONT MLAS from Sinn Féin, the SDLP and the Alliance Party have joined together to write to Boris Johnson expressing their opposition to his government’s “reckless” Protocol bill.
The bill is set to be tabled by Foreign Secretary Liz Truss later today and will outline plans to to override parts of the Northern Ireland Protocol that was agreed between the UK and the EU.
Unionists politicians are seeking changes to the arrangement, with the DUP blocking the operation of the Stormont Assembly as part of its opposition to the Protocol as its currently instituted.
A majority of MLAs elected to Assembly last month are in favour of the Protocol and in their letter today said that it “offers clear economic advantages to our region”.
The letter has been signed by 52 of the 90 MLAs, including all nationalist members of the Assembly and all Alliance Party members, who designate as ‘other’. No unionist MLAs signed the letter.
The letter to Johnson states that the signatories “reject in the strongest possible terms your government’s reckless new protocol legislation, which flies in the face of the expressed wishes of not just most businesses, but most people in Northern Ireland”.
It continues that “whilst not ideal, the protocol currently represents the only available”.
While we share a desire to see the arrangements work as smoothly as possible, the way to achieve this is through engagement with the European Union. It is clear that solutions are available and deliverable – as have already been delivered in the area of medicines – but this must be on the basis of trust and the rule of law rather than law breaking and unilateral abrogation of treaty obligations.
“It is also deeply frustrating that you and your ministers continue to misrepresent our desire to see smooth implementation as an endorsement of your Government’s reckless actions on the Protocol – it is categorically not.”
In response to the letter DUP MP Sammy Wilson tweeted:
Not one Unionist MLA supports the Northern Ireland Protocol. Power sharing will not be restored until decisive action is taken to remove the Irish Sea Border. There will be no return to the status quo.
The Northern Ireland Protocol was agreed as part of the Withdrawal Agreement between the EU and UK following Brexit and was designed as a way of preventing the need for a hard border on the island of Ireland.
The Protocol effectively keeps Northern Ireland in the EU Single Market for goods but also keeps Northern Ireland in the UK’s Customs territory.
While the unique arrangement offers potential advantages for NI businesses to operate in both territories, unionists have criticised it because it has required some checks to be carried out on goods travelling from Britain to Northern Ireland
Under the terms of the Withdrawal Agreement, the Northern Ireland institutions will be periodically asked to consent on the continuation of the Protocol, with the first such vote due to take place in December 2024.
The letter represents a majority of MLAs in Stormont but no unionists signed it.
(L to R) Naomi Long, Colm Eastwood and Michelle O'Neill. (File)
Image: Niall Carson
https://www.thejournal.ie/
STORMONT MLAS from Sinn Féin, the SDLP and the Alliance Party have joined together to write to Boris Johnson expressing their opposition to his government’s “reckless” Protocol bill.
The bill is set to be tabled by Foreign Secretary Liz Truss later today and will outline plans to to override parts of the Northern Ireland Protocol that was agreed between the UK and the EU.
Unionists politicians are seeking changes to the arrangement, with the DUP blocking the operation of the Stormont Assembly as part of its opposition to the Protocol as its currently instituted.
A majority of MLAs elected to Assembly last month are in favour of the Protocol and in their letter today said that it “offers clear economic advantages to our region”.
The letter has been signed by 52 of the 90 MLAs, including all nationalist members of the Assembly and all Alliance Party members, who designate as ‘other’. No unionist MLAs signed the letter.
The letter to Johnson states that the signatories “reject in the strongest possible terms your government’s reckless new protocol legislation, which flies in the face of the expressed wishes of not just most businesses, but most people in Northern Ireland”.
It continues that “whilst not ideal, the protocol currently represents the only available”.
While we share a desire to see the arrangements work as smoothly as possible, the way to achieve this is through engagement with the European Union. It is clear that solutions are available and deliverable – as have already been delivered in the area of medicines – but this must be on the basis of trust and the rule of law rather than law breaking and unilateral abrogation of treaty obligations.
“It is also deeply frustrating that you and your ministers continue to misrepresent our desire to see smooth implementation as an endorsement of your Government’s reckless actions on the Protocol – it is categorically not.”
In response to the letter DUP MP Sammy Wilson tweeted:
Not one Unionist MLA supports the Northern Ireland Protocol. Power sharing will not be restored until decisive action is taken to remove the Irish Sea Border. There will be no return to the status quo.
The Northern Ireland Protocol was agreed as part of the Withdrawal Agreement between the EU and UK following Brexit and was designed as a way of preventing the need for a hard border on the island of Ireland.
The Protocol effectively keeps Northern Ireland in the EU Single Market for goods but also keeps Northern Ireland in the UK’s Customs territory.
While the unique arrangement offers potential advantages for NI businesses to operate in both territories, unionists have criticised it because it has required some checks to be carried out on goods travelling from Britain to Northern Ireland
Under the terms of the Withdrawal Agreement, the Northern Ireland institutions will be periodically asked to consent on the continuation of the Protocol, with the first such vote due to take place in December 2024.
Government Sets Out Powers To Override Most Of The Northern Ireland Protocol
Adam Payne@adampayne26
The government has published legislation that aims to hand ministers the power to scrap large parts of the Northern Ireland Protocol despite significant opposition from the European Union and numerous Conservative MPs.
The bill, which Foreign Secretary Liz Truss unveiled on Monday afternoon, also faces pushback from the House of Lords, amid criticism that if implemented it would break international law. Truss's counterpart in the Republic of Ireland described UK plans to override the protocol as a "particular low point" in post-Brexit relations.
The government insists that the plan acts within international law and published a summary of its legal position to accompany the legislation. Its position is that the "genuinely exceptional situation" justifies the "nonperformance" of oglibations it signed up when the protocol was agreed.
The government did not, however, go as far as critics have demanded by publishing all the legal advice it had received on the matter.
PoliticsHome last week revealed that First Treasury Counsel, James Eadie QC, was not asked to provide his view on whether the plan breached international law, and that in his opinion it would be "very difficult" for the government to "credibly" argue that it did not. Eadie is most senior independent lawyer advising the government.
Adam Payne@adampayne26
The government has published legislation that aims to hand ministers the power to scrap large parts of the Northern Ireland Protocol despite significant opposition from the European Union and numerous Conservative MPs.
The bill, which Foreign Secretary Liz Truss unveiled on Monday afternoon, also faces pushback from the House of Lords, amid criticism that if implemented it would break international law. Truss's counterpart in the Republic of Ireland described UK plans to override the protocol as a "particular low point" in post-Brexit relations.
The government insists that the plan acts within international law and published a summary of its legal position to accompany the legislation. Its position is that the "genuinely exceptional situation" justifies the "nonperformance" of oglibations it signed up when the protocol was agreed.
The government did not, however, go as far as critics have demanded by publishing all the legal advice it had received on the matter.
PoliticsHome last week revealed that First Treasury Counsel, James Eadie QC, was not asked to provide his view on whether the plan breached international law, and that in his opinion it would be "very difficult" for the government to "credibly" argue that it did not. Eadie is most senior independent lawyer advising the government.
Truss said the bill would protect the Good Friday peace deal and "support political stability" in Northern Ireland. The region currently doesn't have a functioning government, with the Democratic Unionist Party (DUP) blocking the formation of an Executive over its opposition to the protocol.
"It will end the untenable situation where people in Northern Ireland are treated differently to the rest of the United Kingdom, protect the supremacy of our courts and our territorial integrity," Truss said.
Speaking to Sky News after the bill was published, the Foreign Secretary said the government had made it "very clear" that it was "acting in line with the law".
The government argues that it has no choice but to take unilateral action after failing to reach a negotiated settlement with the EU after 18 months of talks.
The protocol, agreed by the UK and EU in 2019, was designed to avoid a contentious hard border on the island of Ireland, but resulted in new barriers to trade between Great Britain and Northern Ireland. Both sides are committed to reducing these barriers, but have failed to agree on how.
The bill will give ministers the power to unilaterally make sweeping changes to the treaty, which Truss described as a "reasonable, practical" measure to address "the problems facing Northern Ireland".
The government plans to significantly reduce the amount of checks on goods crossing the Irish Sea by creating a "green lane" for goods that are staying in Northern Ireland. These goods will be "freed of unnecessary paperwork, checks and duties", the government says in a paper setting out the proposed new regime. Additionally, it plans to establish a "dual-regulatory regime" allowing goods that enter the Northern Irish market to adhere to either UK or EU rules.
If implemented, the bill would also remove the role of the European Court of Justice in overseeing Northern Ireland's post-Brexit arrangements, and overhaul how the protocol impacts tax policy so that there is no difference between the region and the rest of the UK when it comes to VAT.
It is likely to be a number of months before the legislation becomes law, however, and the UK and EU are expected to continue negotiating in the meantime. Truss stressed that the government's preferred way of solving the Northern Ireland Protocol remained an agreement with the EU.
It is also understood that the changes would not come into effect immediately after the bill receives parliamentary approval. Government officials indicated that ministers would use the powers handed them to action the changes once the systems required to deliver them are ready.
The measures set out by Truss this afternoon amount to major changes to the Northern Ireland Protocol and are expected to prompt legal action from Brussels, and possibly trade retaliation.
Maros Sefcovic, the European Commission Vice President, said the bloc noted the publication of the bill with "significant concern" and would consider how to respond. He said Brussels could take legal action against the UK and hinted at possible trade retaliation. Sefvoci said the EU was ready to find an agreement with the UK and that the bloc would soon present its proposals in "greater details".
Prime Minister Boris Johnson this morning said trade retaliation would "be a gross, gross overreaction" by the European Commission, and insisted that the changes set out in today's legisaltion were "relatively trivial set of adjustments in the grand scheme of things".
Simon Coveney, Ireland's foreign minister, in a phone call with Truss this morning said the UK's plan to act unilaterally represented a "particular low point" in its approach to Brexit.
An Irish readout of their call said: "Minister Coveney repeated that the protocol is the negotiated solution, ratified by Westminster, to the hard Brexit pursued by the U.K. government.
"The UK’s unilateral approach is not in the best interest of Northern Ireland and does not have the consent or support of the majority of people or business in Northern Ireland. Far from fixing problems, this legislation will create a whole new set of uncertainties and damage relationships".
A majority of politicians in the Northern Irish assembly wrote to Johnson prior to the publication of the bill, saying: "We reject in the strongest possible terms your Gov’s reckless new Protocol legislation". The ketter was not signed by a unionist MLA, however.
The bill is set to face opposition from numerous Tory MPs who are urging the government to scrap its plan to act unilaterally and instead up its efforts to negotiate a deal with the EU.
In a briefing note leaked to PoliticsHome on Sunday, Conservative MPs who intend to vote against the legislation say it "is damaging to everything the UK and Conservatives stand for" and ignores warnings from senior legal figures that it would break international law.
"A Bill with ‘notwithstanding’ clauses disapplying our own ratification legislation breaks international law: no amount of shopping around for rent-a-quote lawyers can hide that Labour’s decision to do this over Iraq was damagingly exposed and should be a cautionary tale," it reads.
David Lammy, the Shadow Foreign Secretary, said the legislation was "a desperate attempt by Boris Johnson to distract from the drama of his leadership crisis".
"Britain should be a country that keeps its word. By tearing up the Protocol it negotiated just a couple of years ago, the Government will damage Britain’s reputation and make finding a lasting solution more difficult," he said.
He called on the government to publish the legal advice it had received in full, not just a summary of its position.
Claire Hanna, the Social Democratic and Labour Party (SDLP) MP for South Belfast, expressed frustration that Truss did not make a House of Commons statement about the legislation.
"The UK government's contempt for the people of Northern Ireland is underlined by the foreign Secretary failing to come to parliament to explain such a substantial and destructive move".
A government source stressed to PoliticsHome that ministers do not usually make statements at the first reading of legislation. Second reading, at which point Truss is expected to address MPs, is expected to take place before parliament breaks up for its summer recess next month.
"It will end the untenable situation where people in Northern Ireland are treated differently to the rest of the United Kingdom, protect the supremacy of our courts and our territorial integrity," Truss said.
Speaking to Sky News after the bill was published, the Foreign Secretary said the government had made it "very clear" that it was "acting in line with the law".
The government argues that it has no choice but to take unilateral action after failing to reach a negotiated settlement with the EU after 18 months of talks.
The protocol, agreed by the UK and EU in 2019, was designed to avoid a contentious hard border on the island of Ireland, but resulted in new barriers to trade between Great Britain and Northern Ireland. Both sides are committed to reducing these barriers, but have failed to agree on how.
The bill will give ministers the power to unilaterally make sweeping changes to the treaty, which Truss described as a "reasonable, practical" measure to address "the problems facing Northern Ireland".
The government plans to significantly reduce the amount of checks on goods crossing the Irish Sea by creating a "green lane" for goods that are staying in Northern Ireland. These goods will be "freed of unnecessary paperwork, checks and duties", the government says in a paper setting out the proposed new regime. Additionally, it plans to establish a "dual-regulatory regime" allowing goods that enter the Northern Irish market to adhere to either UK or EU rules.
If implemented, the bill would also remove the role of the European Court of Justice in overseeing Northern Ireland's post-Brexit arrangements, and overhaul how the protocol impacts tax policy so that there is no difference between the region and the rest of the UK when it comes to VAT.
It is likely to be a number of months before the legislation becomes law, however, and the UK and EU are expected to continue negotiating in the meantime. Truss stressed that the government's preferred way of solving the Northern Ireland Protocol remained an agreement with the EU.
It is also understood that the changes would not come into effect immediately after the bill receives parliamentary approval. Government officials indicated that ministers would use the powers handed them to action the changes once the systems required to deliver them are ready.
The measures set out by Truss this afternoon amount to major changes to the Northern Ireland Protocol and are expected to prompt legal action from Brussels, and possibly trade retaliation.
Maros Sefcovic, the European Commission Vice President, said the bloc noted the publication of the bill with "significant concern" and would consider how to respond. He said Brussels could take legal action against the UK and hinted at possible trade retaliation. Sefvoci said the EU was ready to find an agreement with the UK and that the bloc would soon present its proposals in "greater details".
Prime Minister Boris Johnson this morning said trade retaliation would "be a gross, gross overreaction" by the European Commission, and insisted that the changes set out in today's legisaltion were "relatively trivial set of adjustments in the grand scheme of things".
Simon Coveney, Ireland's foreign minister, in a phone call with Truss this morning said the UK's plan to act unilaterally represented a "particular low point" in its approach to Brexit.
An Irish readout of their call said: "Minister Coveney repeated that the protocol is the negotiated solution, ratified by Westminster, to the hard Brexit pursued by the U.K. government.
"The UK’s unilateral approach is not in the best interest of Northern Ireland and does not have the consent or support of the majority of people or business in Northern Ireland. Far from fixing problems, this legislation will create a whole new set of uncertainties and damage relationships".
A majority of politicians in the Northern Irish assembly wrote to Johnson prior to the publication of the bill, saying: "We reject in the strongest possible terms your Gov’s reckless new Protocol legislation". The ketter was not signed by a unionist MLA, however.
The bill is set to face opposition from numerous Tory MPs who are urging the government to scrap its plan to act unilaterally and instead up its efforts to negotiate a deal with the EU.
In a briefing note leaked to PoliticsHome on Sunday, Conservative MPs who intend to vote against the legislation say it "is damaging to everything the UK and Conservatives stand for" and ignores warnings from senior legal figures that it would break international law.
"A Bill with ‘notwithstanding’ clauses disapplying our own ratification legislation breaks international law: no amount of shopping around for rent-a-quote lawyers can hide that Labour’s decision to do this over Iraq was damagingly exposed and should be a cautionary tale," it reads.
David Lammy, the Shadow Foreign Secretary, said the legislation was "a desperate attempt by Boris Johnson to distract from the drama of his leadership crisis".
"Britain should be a country that keeps its word. By tearing up the Protocol it negotiated just a couple of years ago, the Government will damage Britain’s reputation and make finding a lasting solution more difficult," he said.
He called on the government to publish the legal advice it had received in full, not just a summary of its position.
Claire Hanna, the Social Democratic and Labour Party (SDLP) MP for South Belfast, expressed frustration that Truss did not make a House of Commons statement about the legislation.
"The UK government's contempt for the people of Northern Ireland is underlined by the foreign Secretary failing to come to parliament to explain such a substantial and destructive move".
A government source stressed to PoliticsHome that ministers do not usually make statements at the first reading of legislation. Second reading, at which point Truss is expected to address MPs, is expected to take place before parliament breaks up for its summer recess next month.
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