Jun 13, 2022
Demonstrators protest outside Hillsborough Castle, ahead of a visit by British Prime Minister Boris Johnson, in Hillsborough, Northern Ireland, Monday, May, 16, 2022. Britain’s government is expected to introduce legislation that would unilaterally change post-Brexit trade rules for Northern Ireland amid opposition from lawmakers who believe the move violates international law. The legislation, expected Monday, June 13, 2022, would let the government bypass the so-called Northern Ireland Protocol, which requires the inspection of some goods shipped there from other parts of the United Kingdom.
LONDON (AP) — Britain’s government on Monday proposed new legislation that would unilaterally change post-Brexit trade rules for Northern Ireland, despite opposition from some U.K. lawmakers and EU officials who say the move violates international law.
The proposed bill seeks to remove customs checks on some goods entering Northern Ireland from the rest of the U.K. That will override parts of the trade treaty that Prime Minister Boris Johnson signed with the European Union less than two years ago.
British Foreign Secretary Liz Truss maintained that Britain is acting within international law, and blamed the EU for blocking a negotiated settlement. The European Commission said it could take legal action against the U.K.
European Commission Vice President Maros Sefcovic said the EU’s executive arm will consider launching new infringement procedures to “protect the EU single market from the risks that the violation of the protocol creates for EU businesses and for the health and safety of EU citizens.”
In Ireland, Prime Minister Micheal Martin said it was “very regrettable for a country like the U.K. to renege on an international treaty.”
Brushing aside criticism, Johnson told reporters that the proposed change is “relatively simple to do.”
“Frankly, it’s a relatively trivial set of adjustments in the grand scheme of things,” he told LBC Radio.
He argued that his government’s “higher and prior legal commitment” is to the 1998 Good Friday agreement that brought peace and stability to Northern Ireland.
Arrangements for Northern Ireland — the only part of the U.K. that shares a land border with an EU nation — have proved the thorniest issue in Britain’s divorce from the bloc, which became final at the end of 2020. At the center of the dispute is the Northern Ireland Protocol, which now regulates trade ties between Northern Ireland, which is part of the U.K., and the Republic of Ireland, part of the EU.
Britain and the EU agreed in their Brexit deal that the Irish land border would be kept free of customs posts and other checks because an open border is a key pillar of the peace process that ended decades of violence in Northern Ireland.
Instead, to protect the EU’s single market, there are checks on some goods, such as meat and eggs, entering Northern Ireland from the rest of the U.K.
But the arrangement has proved politically damaging for Johnson because it treats Northern Ireland differently from the rest of the United Kingdom. Northern Ireland’s Democratic Unionist Party has refused to return to the region’s power-sharing government until the protocol is scrapped or substantially changed.
The bill to override that arrangement is expected to face opposition in Parliament, including from members of Johnson’s own Conservative ranks. Critics say unilaterally changing the protocol would be illegal and would damage Britain’s standing with other countries because it’s part of a treaty considered binding under international law.
In Brussels, Sefcovic said the protocol was the “one and only solution we could jointly find to protect the hard-earned gains of the peace process in Northern Ireland.”
He added that the EU remains open to discussions with the British government to find a solution to the dispute.
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Associated Press reporter Samuel Petrequin in Brussels contributed to this story.
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"The UK government know all this, sadly, I don't think they care", one person tweeted in response.
2022-06-13
in Politics
Credit:PA
The European Union could take legal action against the UK as soon as Wednesday in response to moves to re-write parts of the Northern Ireland Protocol, according to RTE News reports.
A Bill to unilaterally amend the agreement will be introduced in Parliament amid controversy over whether the legislation will break international law.
Northern Ireland secretary Brandon Lewis has insisted the new Bill is “lawful” and “correct” but Labour has accused the Government of “law-breaking”.
There is also likely to be some opposition from within Tory ranks, with a number of MPs believed to be unhappy with the legislation.
The Financial Times reported that an internal note had been circulating among those against the Bill, which said: “Breaking international law to rip up the Prime Minister’s own treaty is damaging to everything the UK and Conservatives stand for.”
It is also expected to prompt a fierce response from the EU, which could initiate legal action as early as Wednesday.
RTE News reporter Tony Connelly said that a statement is expected to say that the EU will not renegotiate the Protocol, and will imply that the EU could take retaliatory trade measures against the UK.
The bloc will “consider” issuing “new” infringement proceedings, as well as unfreezing existing legal action this week.
Sources say the EU will adopt a carrot and stick approach, with the unfreezing of legal action being accompanied by the publication of a “model for the flexible implementation of the protocol based on durable solutions.”
Flashback: To when Johnson pledged to make TV apology if Brexit triggers recession
Issued on: 13/06/2022
Text by: NEWS WIRES
The UK government on Monday introduced legislation to rip up post-Brexit trading rules for Northern Ireland, despite the possibility that could spark a trade war with the EU.
London says it still prefers a negotiated outcome with the European Union to reform the Northern Ireland Protocol.
But with talks stalled, the bill proposes overriding the EU withdrawal treaty that the UK signed, although the government in London insists it is not breaking international law.
The EU quickly threatened legal action in response while Dublin called it "a particular low point in the UK's approach to Brexit".
That could not come at a worse time for the UK, which is grappling with inflation at 40-year highs and rising household bills that have left many Britons struggling to make ends meet.
But London claims the bill will address "burdensome customs processes, inflexible regulation, tax and spend discrepancies and democratic governance issues" that are "undermining" peace in Northern Ireland and have paralysed its power-sharing government.
"The EU must be willing to change the protocol itself. Ministers believe that the serious situation in Northern Ireland means they cannot afford to delay," it added.
'Reasonable'
Foreign Secretary Liz Truss spoke to European Commission Vice President Maros Sefcovic and Ireland counterpart Simon Coveney on Monday to inform them the bill was being introduced in parliament.
She called it a "reasonable, practical solution to the problems facing Northern Ireland".
But Sefcovic said that the EU would not renegotiate its divorce deal and that Brussels would now consider reopening a suspended "infringement procedure" against Britain, as well as opening fresh cases.
"It is with significant concern that we take note of today's decision by the UK Government to table legislation," he said in a prepared statement to reporters in Brussels.
Coveney told Truss the move marked "a particular low point in the UK's approach to Brexit" and was "deeply damaging to relationships on these islands and between the UK and EU".
"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," he added.
But Prime Minister Boris Johnson insisted that the move was "the right way forward" and was needed to maintain the "balance and the symmetry" of the Good Friday peace agreement between pro-UK unionists and nationalists who want a united Ireland.
"One community at the moment feels very, very estranged from the way things are operating, very alienated. And we've just got to fix that," he told LBC radio.
Open border
The pro-UK Democratic Unionist Party argues that the protocol's creation of an effective border in the Irish Sea is jeopardising Northern Ireland's status in the wider UK and makes a united Ireland more likely.
It is boycotting the local government in Belfast until the deal is scrapped or dramatically overhauled.
Northern Ireland's first minister-elect, Michelle O'Neill, of Irish nationalists Sinn Fein, said Johnson was "in clear breach of international law".
But DUP leader Jeffrey Donaldson welcomed the bill as "the kind of action that is required" to remove what he said were barriers to trade within the UK.
The protocol requires checks on goods arriving from England, Scotland and Wales, to prevent them from entering the EU's single market via the Republic of Ireland and to avoid a return to a "hard border".
Border infrastructure was a flashpoint during 30 years of violence over British rule in Northern Ireland and an open border was central to the peace deal.
Green and red channels
The UK bill proposes scrapping most of the checks, creating a "green channel" for British traders to send goods to Northern Ireland without making any customs declaration to the EU.
The EU would have access to more real-time UK data on the flow of goods, and only businesses intending to trade into the single market via Ireland would be required to make declarations via a "red channel".
The EU would need to trust the UK to monitor the flow, London said, promising "robust penalties" for any companies seeking to abuse the new system.
Since recently surviving a confidence vote in his leadership, Johnson has reportedly been under pressure from pro-Brexit Tory hardliners to toughen the bill and remove oversight of the protocol by the European Court of Justice.
Northern Ireland minister Brandon Lewis said there was "no logic" to having only one side's judges involved in a bilateral trade arrangement, but ECJ's jurisdiction is a red line for the EU to protect its single market.
(AFP)
Reuters
Traffic drives through the border between Northern Ireland and Ireland along the M1 motorway, as seen from Carrickcarnan, Ireland, May 19, 2022.
LONDON, June 13 (Reuters) - Britain published legislation on Monday to tackle disruption to post-Brexit trade with Northern Ireland, setting out measures it says are needed to protect peace in the British-ruled province but which are sure to antagonise the European Union.
The government sees the legislation as part of a "dual track" approach to the problem, enabling ministers to pursue negotiations with the EU while having an insurance policy in the form of the new bill if those talks fails to come to fruition.
Following are the reasons why Britain wants to unilaterally change the Northern Ireland protocol, agreed as part of its Brexit divorce deal with the EU, and what it has proposed.
WHAT IS THE NORTHERN IRELAND PROTOCOL?
-- The protocol is an arrangement agreed as part of Britain's Brexit deal that keeps Northern Ireland aligned with the EU's single market for goods, avoiding a hard border with EU member Ireland that was a key part of a peace deal.
-- It brought in checks on goods moving between Britain and Northern Ireland, deterring traders from delivering certain products to the province.
JUSTIFICATION FOR THE LEGISLATION
-- Foreign minister Liz Truss said on May 17 the Belfast Good Friday Agreement peace deal was under strain, preventing the working of the Northern Ireland executive.
-- This argument has formed the basis of the government's legal justification. It believes the conditions have been reached to justify the "doctrine of necessity", which allows an administrative authority to employ extraconstitutional measures to restore order or stability.
-- Britain says the new legislation is legal under international law. It says it will not scrap the protocol deal but make limited changes.
PROBLEMS
-- EU customs procedures for moving goods within the UK have meant companies are facing significant costs and paperwork. Some businesses have stopped this trade altogether.
-- Rules on taxation mean that citizens in Northern Ireland are unable to benefit fully from the same advantages as the rest of the UK, like the reduction in VAT on solar panels.
-- SPSS (sanitary and phytosanitary) rules mean British producers face onerous requirements including veterinary certification to sell food stuffs in Northern Irish shops.
-- The EU has made proposals to ease the burden for traders but Britain says they do not address the full concerns and would go backwards from the current situation.
NEW LEGISLATION
-- Britain wants to introduce green and red lanes backed by commercial data and a trusted trader scheme for goods, with the green lane for products staying in the UK, and red for those going to the EU or being moved by traders not in the trader scheme. Post and parcels would go through the green lane.
-- To protect the EU's single market, it would implement robust penalties for those who seek to abuse the system.
-- Robust data sharing and a purpose-built IT system with information available in real time and well within the time taken to cross the Irish Sea would be available.
-- It would also remove regulatory barriers to goods made to UK standards being sold in Northern Ireland. Goods could be marked with either a CE or UKCA marking or both if they meet the relevant rules. Approval could be granted by UK or EU bodies.
-- Britain wants to allow businesses to choose between meeting UK and EU standards in a new dual regulatory regime.
-- London will be able to decide tax and spend policies across the whole of the UK. Britain proposes using the Subsidy Control Act 2022 to manage subsidies in the UK. Britain would provide freedom for ministers to adapt or disapply rules so that people in Northern Ireland could benefit from the same policies as those elsewhere in the UK.
-- It would address issues related to governance by bringing the protocol in line with international norms and removing the dominance of the European Court of Justice. Britain proposes more balanced arrangements that look to manage issues through dialogue, and then through independent arbitration.
HOW LONG WILL IT TAKE?
-- Britain says it needs to deal with the trade issues as a matter of urgency but there is no legislative timetable.
-- It is likely to meet resistance in the upper house of parliament. One Conservative lawmaker said the rarely-used Parliament Acts could be utilised to force it through. This limits the delaying powers of the House of Lords to a year.
Elizabeth Piper and Kate Holton
Sun, June 12, 2022,
FILE PHOTO: The border between Northern Ireland and Ireland
FILE PHOTO: The border between Northern Ireland and Ireland
FILE PHOTO: British Foreign Secretary Truss gives a statement to the House of Commons in London
EU Commission Vice-President for Interinstitutional Relations Sefcovic
By Elizabeth Piper and Kate Holton
LONDON (Reuters) -Britain published plans on Monday to override some of the post-Brexit trade rules for Northern Ireland by scrapping checks and challenging the role played by the European Union's court in a new clash with Brussels.
Despite Ireland describing the move as a "new low" and Brussels talking of damaged trust, Britain pressed ahead with what Prime Minister Boris Johnson suggested were "relatively trivial" steps to improve trade and reduce bureaucracy.
European Commission Vice President Maros Sefcovic said that Brussels' reaction would be proportionate, but ruled out renegotiating the trade protocol.
Tensions have been simmering for months after Britain accused the bloc of heavy-handed approach to the movement of goods between Britain and Northern Ireland - checks needed to keep an open border with EU-member Ireland.
Always the toughest part of the Brexit deal, the situation in the region has sent alarm bells ringing in European capitals and Washington, and among business leaders. It has also heightened political tensions, with pro-British communities saying their place in the United Kingdom is being eroded.
"I'm very willing to negotiate with the EU, but they do have to be willing to change the terms of this agreement which are causing these very severe problems in Northern Ireland," British Foreign Secretary Liz Truss said.
"We're completely serious about this legislation."
Britain has pointed to the breakdown of a power-sharing administration in Northern Ireland as a reason for drafting the legislation, the first step in what could be a months-long process before the bill becomes law.
The legal advice cited the "doctrine of necessity", which is invoked when governments may take law-breaking action to protect stability, as the foundation for the move, saying the conditions had been met because of the situation in Northern Ireland.
Britain has long complained that negotiations with the EU have failed to come to fruition and the legislation is seen as an insurance policy, and possibly a bargaining chip. The bill could accommodate any solution agreed in those talks.
But a new trade row with the EU comes at a time when Britain faces its toughest economic conditions in decades, with inflation forecast to hit 10% and growth stalling. Johnson said any talk of a trade war would be a "gross, gross overreaction".
The EU's Sefcovic said the bloc will not renegotiate the protocol and called the idea "unrealistic".
"Any renegotiation would simply bring further legal uncertainty for people and businesses in Northern Ireland," Sefcovic said in a statement.
"Our aim will always be to secure the implementation of the Protocol. Our reaction to unilateral action by the UK will reflect that aim and will be proportionate."
NEW CLASH
Britain has long threatened to rip up the protocol, an agreement that kept the region under some EU rules and drew an effective customs border between Northern Ireland and the rest of the UK to prevent a back door for goods to enter the EU's vast single market.
It is now planning a "green channel" for goods moving from Britain to Northern Ireland, to change tax rules and end the European Court of Justice's role as sole arbiter in disputes. It also wants a dual regulatory regime, angering companies which fear higher costs.
The move has yet again exposed divisions in Johnson's Conservative Party, a week after the prime minister just survived a rebellion by his own lawmakers.
Brexit supporters said it could have gone further, critics feared it again undermined London's standing in the world by challenging an international agreement.
Similar divisions were evident in Northern Ireland.
Brussels believes any unilateral change may breach international law, while Irish foreign minister Simon Coveney said that only the British government thought it was not a breach.
The EU could launch legal action or eventually review the terms of the free trade deal it agreed with Britain. It has already thrown doubt on Britain's role within the $99 billion Horizon Europe research programme.
The United States urged Britain and the EU to resolve their differences, adding that it sought to protect the 1998 peace deal for the province.
"U.S. priority remains protecting the gains of the Belfast/Good Friday Agreement, and preserving peace, stability, and prosperity for the people of Northern Ireland," a White House spokesperson said.
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(Additional reporting by Paul Sandle, Andrew MacAskill, William James, Alistair Smout and Kylie MacLellan in London, Marine Strauss and Benoit Van Overstraeten in Brussels, Padraic Halpin in Dublin and Alexandra Alper in Washington; Editing by Louise Heavens, Mark Potter, Ed Osmond, William Maclean and Tomasz Janowski)