British Foreign Secretary Liz Truss on Monday unveiled plans to override some post-Brexit rules for Northern Ireland on the grounds that they create unacceptable barriers within the UK. A measure that is not unanimous among British conservatives.
Despite the risk of reprisals from the Europeans, the British government threatened on Monday June 13 to legislate in the coming weeks to reverse the “Northern Irish protocol” negotiated as part of Brexit in 2019.
Under this agreement, after the United Kingdom’s exit from the European Union (EU), the British province of Northern Ireland remained in the European single market. The object of an interminable standoff between London and Brussels, this protocol was drawn up with the aim of avoiding the return of a physical border between Northern Ireland and the Republic of Ireland, a member of the EU.
A “hard” border between the two territories would have jeopardized the Good Friday Agreement which, in 1998, put an end to thirty years of violence in the region.
But the Northern Ireland Protocol, which keeps the province in the European single market, resulted in a customs border in the Irish Sea – which represents, for Northern Irish unionists, a symbolic new border between Northern Ireland North and Great Britain.
During the Brexit negotiations, critical voices warned that the agreement would end up causing tensions with this community. What has not failed to happen: Northern Ireland is now plunged into a political crisis. For several months, the Democratic Unionist Party (DUP) has paralyzed the formation of any local executive, as long as the protocol is not modified.
What does the draft protocol revision contain?
British Foreign Secretary Liz Truss also justified the new Northern Irish Protocol Amendment Bill, when it was presented to the British Parliament, by the political impasse in which the province finds itself.
“The Johnson Affair [négocié en 2019] has been […] terrible, because that really sets Northern Ireland apart. One can understand the indignation of trade unionists. Either Johnson didn’t read his own agreement properly or, more likely, he knew exactly what he was doing and just thought he could come back to it later,” said Jonathan Tonge, a political science professor at the University of Liverpool. . .
The new legislation proposed by the British government aims to solve the problem of customs borders by creating a system of “green lanes” and “red lanes” for trade. Goods traded from the UK to Northern Ireland for use by the province would take the green lane and could move without customs control. Goods sent from Britain to Northern Ireland for export to the Republic of Ireland or the rest of the EU would pass through the “red lane” and remain subject to customs checks in Northern Ireland.
The other key element of the bill is to remove the role of the European Court of Justice to arbitrate trade disputes concerning Northern Ireland. Instead, “independent arbitration” would resolve commercial disputes, although it is not yet clear what this would entail.
Another significant change in the legislation: Northern Ireland would benefit from the same tax advantages as the rest of the United Kingdom.
London risks European financial sanctions
For the EU, which has strongly denounced the launch of a unilateral review of the post-Brexit status of Northern Ireland, the border must remain strictly controlled to protect the single market.
“Acting unilaterally is not constructive. Violating international agreements is not acceptable”, launched Maros Sefcovic, the European commissioner in charge of monitoring the post-Brexit agreement, Wednesday June 15 during a press conference.
He announced the relaunch of infringement proceedings, which had been suspended in September 2021 for breach of protocol. This gives London two months to justify itself, under penalty of an appeal to the Court of Justice of the European Union. An appeal that may result in a fine or financial penalty.
“If this project becomes law, I cannot rule anything out, but we are not there and we want to solve this problem as two partners must do, through negotiation,” he said, pleading for the appeasement. while the threat of a trade war has in the past been raised by the Europeans.
Brexit has boosted the Northern Irish economy
This prospect would be very damaging to the Northern Irish economy, for which the protocol has been a boon: closer trade ties with the EU have allowed the Northern Irish economy to “slightly outperform the UK average”, according to a report by the National Institute for Social and Economic Research released in May.
This is why the new First Minister of Northern Ireland, Michelle O’Neill of Sinn Fein, reacted to the announcement of the bill by saying that Boris Johnson “brings[ait] economic instability” and “puts[tait] jeopardize employment”.
Rolling back the protocol “goes completely against the demands of businesses in Northern Ireland, which have always been in favor of security and stability”, says Katy Hayward, professor of political sociology at Queen’s University of Belfast. . “Mr Johnson’s government is not considering what his bill would mean for Northern Irish trade and investment. Instead, we have a huge question mark over Ireland’s current legal position. North “.
Some conservatives against the bill
However, the passage by the British Parliament of the bill which would lead to the revision of the Northern Irish protocol is far from guaranteed.
Many Tory MPs remain worried about rolling back international agreements and creating another round of economic instability. Especially since Boris Johnson is not in the odor of sanctity: some 148 deputies voted against him during the motion of censure on June 6 after Partygate which dealt a blow to his popularity.
“Many anti-Johnson lawmakers don’t have a particular ideological view of the [protocole]but they will see it as a useful opportunity to get the prime minister in trouble,” says Jonathan Tonge. professor of political science.
This article was adapted from English by Bahar Makooi. Find the original version here.
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