A report by a think tank warns that the UK government’s plan to scrap EU laws may undermine the Northern Ireland Protocol. The Northern Ireland Protocol, which was agreed as part of the Brexit deal, aims to prevent a hard border between Northern Ireland and the Republic of Ireland. However, the report highlights concerns that if the UK diverges from EU laws, it could lead to checks on goods and services between Northern Ireland and the rest of the UK, potentially violating the agreement. The news comes amid ongoing tensions between the UK and the EU over the implementation of the Protocol.
The Centre for European Reform (CER) has warned that the UK government’s plans to scrap EU laws after Brexit could harm Northern Ireland’s trading arrangements with the EU. Under the Retained EU Law (REUL) Bill, thousands of EU-era laws that were copied over to UK law after Brexit can be specifically kept or replaced should the government choose to for the purposes of regulatory reform. However, the CER has said that such “unmanaged divergence” between the UK and the EU would “deepen the regulatory gulf between Great Britain and Northern Ireland”, thereby undermining the post-Brexit deal between the EU and the UK, known as the Windsor Framework.
The Windsor Framework, which amends the Protocol agreed upon by the UK and the EU in 2019, allowed Northern Ireland to remain within the EU single market for goods while making trading from Great Britain to Northern Ireland more difficult and expensive. The CER has argued that the REUL Bill could undercut Northern Irish businesses that abide by EU production rules by allowing GB producers to adhere to lower standards.
The author of the CER report, Anton Spisak, has suggested that the bill could be amended to exclude all legislation insofar as it is effective in Northern Ireland, including any laws that fall within the scope of the Windsor Framework. He has also said that if the UK government wants to remove the supremacy of retained EU law within the UK legal order, it should do so without prejudice to any obligations arising from international treaties, including the Windsor Framework.
The UK government has rejected the CER’s claims, insisting that the REUL Bill will not compromise the Windsor Framework while also allowing for regulatory reform opportunities created by Brexit. A government spokesman has stated that any reforms will not come at the expense of the UK’s already high standards or its international obligations.
Despite the UK government’s assertions, EU diplomats have expressed concerns not only about how the legislation could affect the Windsor Framework but also about what it would mean for the future direction of UK regulatory policy. The EU has, however, avoided raising questions that could potentially exacerbate tensions with the UK.
It is understood that the UK government plans to have legislation in place by the sunset date, which provides for the continued implementation of international obligations within the Windsor Framework. While the UK government continues to pursue regulatory reform opportunities created by Brexit, the CER has urged policymakers to consider how the REUL Bill could potentially harm Northern Ireland’s trading arrangements with the EU.
