Britain published legislation on Monday (June 13) to tackle the post-Brexit trade disruption with Northern Ireland, setting out measures it says are necessary to protect peace in the British-ruled province, but will surely will generate antagonism in the European Union.
Britain published plans on Monday to roll back some post-Brexit trade rules for Northern Ireland by scrapping checks and questioning the role played by the European Union court in a new standoff with Brussels.
Despite Ireland describing the move as a “new low” and Brussels speaking of damaged confidence, Britain pressed ahead with what Prime Minister Boris Johnson suggested were “relatively trivial” steps to improve trade and cut red tape.
The government sees the legislation as part of a “twin-track” approach to the issue, allowing ministers to continue negotiations with the EU while having an insurance policy in the form of the new bill if those talks fail. good term.
European Commission Vice President Maroš Šefčovič said the bill was “harmful for mutual trust and a formula for uncertainty” and warned that the EU would now consider continuing the infringement procedure launched against the UK government. in March 2021.
The 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 a deal 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, which was a key part of a peace agreement.
— Brought controls on goods moving between Britain and Northern Ireland, dissuading merchants from delivering certain products to the province.
Rationale for the legislation
Foreign Secretary Liz Truss said on May 17 that the Belfast Good Friday Agreement peace deal was under pressure, impeding the work of the Northern Ireland executive.
— This argument has formed the basis of the government’s legal justification. He believes that the conditions have been met to justify the “doctrine of necessity”, which allows an administrative authority to use extra-constitutional measures to restore order or stability.
— Britain says the new legislation is legal under international law. He says he will not scrap the protocol agreement, but will make limited changes.
Problems
— EU customs procedures for moving goods within the UK have meant businesses face significant costs and paperwork. Some companies have stopped this trade altogether.
— Tax rules mean that Northern Ireland citizens cannot fully benefit from the same benefits as the rest of the UK, such as reduced VAT on solar panels.
— SPSS (sanitary and phytosanitary) standards mean that UK growers face onerous requirements, including veterinary certification, to sell food products in Northern Ireland shops.
— The EU has made proposals to ease the burden on traders, but Britain says they don’t address all concerns and would back down in the current situation.
new legislation
– Britain wants to introduce green and red lanes backed by trade data and a trusted trader scheme for goods, with the green lane for products that remain in the UK and red for those going to the EU or being moved by traders who they are not in the merchant scheme. Mail and packages would go through the green lane.
— To protect the EU’s single market, it would implement strong sanctions for those who seek to abuse the system.
— A robust data exchange and purpose built computer system would be available with information available in real time and within the time required to cross the Irish Sea.
— It would also remove regulatory barriers to products manufactured to UK standards that are sold in Northern Ireland. Products can be marked with a CE or UKCA mark or both if they comply with the relevant standards. Approval could be granted by UK or EU bodies.
— Britain wants to allow companies to choose between complying with UK and EU standards in a new dual regulatory regime.
— London will be able to decide tax and spending policies across the UK. Great Britain proposes to use the Subsidies Control Act 2022 to manage subsidies in the UK. Britain would give ministers freedom to adapt or waive the rules so that people in Northern Ireland can benefit from the same policies as in other parts of the UK.
— It would address governance issues by aligning the protocol with international standards and removing the dominance of the European Court of Justice. Britain is proposing more balanced arrangements that seek to handle problems through dialogue and then through independent arbitration.
How long will it take?
— Britain says it needs to deal with trade problems urgently, but there is no legislative timetable.
— It is likely to meet resistance in the upper house of parliament. A Conservative lawmaker said rarely used parliamentary bills could be used to force their passage. This limits the delay powers of the House of Lords to one year.
–
