Support from readers like you keeps The Journal open.
You are visiting us because we have something you value. Independent, unbiased news that tells the truth. Advertising revenue goes some way to support our mission, but this year it has not been enough.
If you've seen value in our reporting, please contribute what you can, so we can continue to produce accurate and meaningful journalism. For everyone who needs it.
THE BRITISH GOVERNMENT has published legislation to unilaterally override parts of the Northern Ireland Protocol.
UK Foreign Secretary Liz Truss has said the Northern Ireland Protocol Bill is a “reasonable, practical solution to the problems facing Northern Ireland” and said it does not break international law.
The Bill would see customs checks between Northern Ireland and Britain effectively scrapped and would give UK government ministers the power to change almost every aspect of the text.
It proposes creating green and red channels for traders to differentiate between goods that remain within Northern Ireland and those destined for onward transportation across the border into the EU.
Goods arriving through the green channel would move free of customs or regulatory red tape while the requirements of the Protocol would continue to apply to red channel produce.
Goods banned under the Protocol, such as certain types of plants and seeds, would be allowed to travel into the North through the green channel, as long as they remained in the region.
Red channel goods shipped to Northern Ireland would still have to apply EU customs codes and, if relevant, undergo single market agri-food checks.
The UK Government is also proposing a new framework where goods can be sold in Northern Ireland if they meet either UK rules or EU rules, or both.
Produce due to be moved onward to the EU single market would still need to comply with relevant European standards.
However, London wants to ensure that products made to comply with UK standards can be sold in Northern Ireland, even if they are not in line with EU rules.
Under the plan, goods made in the North could be sold freely in the rest of the UK, regardless of whether they apply EU or British standards.
The Bill would also end EU control over state aid and value added tax (VAT) in the six counties, as well as remove the European Court of Justice (ECJ) as the final arbitrator in any future trade disputes over the Protocol.
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, creating checks on trade between Britain and the North, but it also keeps Northern Ireland in the UK’s Customs territory.
Advertisement
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.
EU reaction
Vice-President of the European Commission Maros Sefcovic has said the EU views the UK Government’s decision with “significant concern”.
Speaking at the commission headquarters in Brussels, Sefcovic said the unilateral action by the UK could put the access of Northern Ireland businesses to the EU single market at risk.
He said the commission would now look at restarting “infringement proceedings” against the UK which have been on hold since September 2021.
“It is with significant concern that we take note of today’s decision by the UK Government to table legislation disapplying core elements of the protocol. Unilateral action is damaging to mutual trust,” he said.
“In particular, the Protocol provides business operators in Northern Ireland with access to the EU single market for goods. The UK Government’s approach puts this access – and related opportunities – at risk.
“Our aim will always be to secure the implementation of the Protocol. Our reaction to unilateral action by the UK will reflect the aim and it will be proportionate. The first step the commissioner will consider is continuing the infringement procedure launch against the UK Government in March 2021.
He had put this legal action on hold in September 2021 in spirit of constructive cooperation to create the space to look for joint solutions. UK unilateral action goes directly against the spirit.
Sefcovic said the EU would not be renegotiating the Protocol.
“Renegotiating the protocol is unrealistic… No workable solution has been found. Any renegotiations would simply bring further legal uncertainty for the people and businesses in Northern Ireland,” he said.
“From the very beginning, the EU has shown understanding for the practical difficulties in implementing the protocol. Based on our extensive engagement engagement with a wide range of stakeholders in Northern Ireland, the European Commission has put forward far reaching bespoke arrangements especially to facilitate the movement of goods between Great Britain and Northern Ireland.
“With political will and commitment, the full potential of the flexibilities put forward should be explored, and the European Commission remains keen to do that with the UK Government as soon as possible.”
What happens next?
If the EU revives legal action against the UK, it could end with the ECJ imposing daily fines for non-compliance.
If the UK refuses to pay and comply with its judgement, the EU could end parts of the post-Brexit trade agreement and apply tariffs to British goods, which could result in an all-out trade war.
Related Reads
As it happened: Bill to override protocol presented as UK claims 'genuinely exceptional situation'
Coveney warns UK altering Northern Ireland Protocol will 'deeply damage' relationships
However, before then, the British Prime Minister may have some difficulty getting the Bill through the House of Commons due to opposition within the Conservative Party.
It has been exactly a week since Johnson survived a confidence vote in his leadership by a slim majority of 63.
With 148 of 359 Tory MPs voting against him, his authority has been dealt a significant blow and he may struggle to push through the legislation if he encounters cabinet opposition.
A number of Tory MPs are 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.”
Chancellor Rishi Sunak and Cabinet Minister Michael Gove have previously expressed concerns about the prospect of a trade war with the EU, and how the legislation would impact Britain’s reputation worldwide.
If the Bill is passed, it is likely that it wouldn’t become law for at least a year because it is understood that it would to face strong opposition by pro-EU members of the House of Lords.
Trading arrangements under the Protocol would also continue after it passed until London draft and implement a unanimous replacement system.
It also remains to be seen whether the publishing of the legislation will prompt the DUP to re-enter power-sharing in Stormont.
DUP leader Jeffrey Donaldson has said his party is not under pressure to do so.
“I am not under any pressure. We have strong support from across unionism for the stand that we are taking.
“I believe that our pressure has brought about what we see today with this Bill being published. I believe that our pressure is seeing progress being made and we will continue to work with government to ensure that this legislation progresses.”
With reporting from the Press Association.
Readers like you are keeping these stories free for everyone...
A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article.
Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation.
To embed this post, copy the code below on your site
Close
43 Comments
This is YOUR comments community. Stay civil, stay constructive, stay on topic.
Please familiarise yourself with our comments policy
here
before taking part.
Government to make cabin homes in back gardens exempt from planning
Christina Finn
8 hrs ago
56.4k
70
Good Morning
The 9 at 9: Wednesday
Updated
13 mins ago
1.1k
The Morning Lead
Government to make cabin homes in back gardens exempt from planning
Christina Finn
8 hrs ago
53.5k
69
Your Cookies. Your Choice.
Cookies help provide our news service while also enabling the advertising needed to fund this work.
We categorise cookies as Necessary, Performance (used to analyse the site performance) and Targeting (used to target advertising which helps us keep this service free).
We and our 148 partners store and access personal data, like browsing data or unique identifiers, on your device. Selecting Accept All enables tracking technologies to support the purposes shown under we and our partners process data to provide. If trackers are disabled, some content and ads you see may not be as relevant to you. You can resurface this menu to change your choices or withdraw consent at any time by clicking the Cookie Preferences link on the bottom of the webpage .Your choices will have effect within our Website. For more details, refer to our Privacy Policy.
We and our vendors process data for the following purposes:
Use precise geolocation data. Actively scan device characteristics for identification. Store and/or access information on a device. Personalised advertising and content, advertising and content measurement, audience research and services development.
Cookies Preference Centre
We process your data to deliver content or advertisements and measure the delivery of such content or advertisements to extract insights about our website. We share this information with our partners on the basis of consent. You may exercise your right to consent, based on a specific purpose below or at a partner level in the link under each purpose. Some vendors may process your data based on their legitimate interests, which does not require your consent. You cannot object to tracking technologies placed to ensure security, prevent fraud, fix errors, or deliver and present advertising and content, and precise geolocation data and active scanning of device characteristics for identification may be used to support this purpose. This exception does not apply to targeted advertising. These choices will be signaled to our vendors participating in the Transparency and Consent Framework.
Manage Consent Preferences
Necessary Cookies
Always Active
These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work.
Targeting Cookies
These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.
Functional Cookies
These cookies enable the website to provide enhanced functionality and personalisation. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies then these services may not function properly.
Performance Cookies
These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not be able to monitor our performance.
Store and/or access information on a device 102 partners can use this purpose
Cookies, device or similar online identifiers (e.g. login-based identifiers, randomly assigned identifiers, network based identifiers) together with other information (e.g. browser type and information, language, screen size, supported technologies etc.) can be stored or read on your device to recognise it each time it connects to an app or to a website, for one or several of the purposes presented here.
Personalised advertising and content, advertising and content measurement, audience research and services development 133 partners can use this purpose
Use limited data to select advertising 103 partners can use this purpose
Advertising presented to you on this service can be based on limited data, such as the website or app you are using, your non-precise location, your device type or which content you are (or have been) interacting with (for example, to limit the number of times an ad is presented to you).
Create profiles for personalised advertising 75 partners can use this purpose
Information about your activity on this service (such as forms you submit, content you look at) can be stored and combined with other information about you (for example, information from your previous activity on this service and other websites or apps) or similar users. This is then used to build or improve a profile about you (that might include possible interests and personal aspects). Your profile can be used (also later) to present advertising that appears more relevant based on your possible interests by this and other entities.
Use profiles to select personalised advertising 74 partners can use this purpose
Advertising presented to you on this service can be based on your advertising profiles, which can reflect your activity on this service or other websites or apps (like the forms you submit, content you look at), possible interests and personal aspects.
Create profiles to personalise content 36 partners can use this purpose
Information about your activity on this service (for instance, forms you submit, non-advertising content you look at) can be stored and combined with other information about you (such as your previous activity on this service or other websites or apps) or similar users. This is then used to build or improve a profile about you (which might for example include possible interests and personal aspects). Your profile can be used (also later) to present content that appears more relevant based on your possible interests, such as by adapting the order in which content is shown to you, so that it is even easier for you to find content that matches your interests.
Use profiles to select personalised content 32 partners can use this purpose
Content presented to you on this service can be based on your content personalisation profiles, which can reflect your activity on this or other services (for instance, the forms you submit, content you look at), possible interests and personal aspects. This can for example be used to adapt the order in which content is shown to you, so that it is even easier for you to find (non-advertising) content that matches your interests.
Measure advertising performance 124 partners can use this purpose
Information regarding which advertising is presented to you and how you interact with it can be used to determine how well an advert has worked for you or other users and whether the goals of the advertising were reached. For instance, whether you saw an ad, whether you clicked on it, whether it led you to buy a product or visit a website, etc. This is very helpful to understand the relevance of advertising campaigns.
Measure content performance 59 partners can use this purpose
Information regarding which content is presented to you and how you interact with it can be used to determine whether the (non-advertising) content e.g. reached its intended audience and matched your interests. For instance, whether you read an article, watch a video, listen to a podcast or look at a product description, how long you spent on this service and the web pages you visit etc. This is very helpful to understand the relevance of (non-advertising) content that is shown to you.
Understand audiences through statistics or combinations of data from different sources 72 partners can use this purpose
Reports can be generated based on the combination of data sets (like user profiles, statistics, market research, analytics data) regarding your interactions and those of other users with advertising or (non-advertising) content to identify common characteristics (for instance, to determine which target audiences are more receptive to an ad campaign or to certain contents).
Develop and improve services 79 partners can use this purpose
Information about your activity on this service, such as your interaction with ads or content, can be very helpful to improve products and services and to build new products and services based on user interactions, the type of audience, etc. This specific purpose does not include the development or improvement of user profiles and identifiers.
Use limited data to select content 37 partners can use this purpose
Content presented to you on this service can be based on limited data, such as the website or app you are using, your non-precise location, your device type, or which content you are (or have been) interacting with (for example, to limit the number of times a video or an article is presented to you).
Use precise geolocation data 42 partners can use this special feature
With your acceptance, your precise location (within a radius of less than 500 metres) may be used in support of the purposes explained in this notice.
Actively scan device characteristics for identification 24 partners can use this special feature
With your acceptance, certain characteristics specific to your device might be requested and used to distinguish it from other devices (such as the installed fonts or plugins, the resolution of your screen) in support of the purposes explained in this notice.
Ensure security, prevent and detect fraud, and fix errors 82 partners can use this special purpose
Always Active
Your data can be used to monitor for and prevent unusual and possibly fraudulent activity (for example, regarding advertising, ad clicks by bots), and ensure systems and processes work properly and securely. It can also be used to correct any problems you, the publisher or the advertiser may encounter in the delivery of content and ads and in your interaction with them.
Deliver and present advertising and content 92 partners can use this special purpose
Always Active
Certain information (like an IP address or device capabilities) is used to ensure the technical compatibility of the content or advertising, and to facilitate the transmission of the content or ad to your device.
Match and combine data from other data sources 65 partners can use this feature
Always Active
Information about your activity on this service may be matched and combined with other information relating to you and originating from various sources (for instance your activity on a separate online service, your use of a loyalty card in-store, or your answers to a survey), in support of the purposes explained in this notice.
Link different devices 48 partners can use this feature
Always Active
In support of the purposes explained in this notice, your device might be considered as likely linked to other devices that belong to you or your household (for instance because you are logged in to the same service on both your phone and your computer, or because you may use the same Internet connection on both devices).
Identify devices based on information transmitted automatically 81 partners can use this feature
Always Active
Your device might be distinguished from other devices based on information it automatically sends when accessing the Internet (for instance, the IP address of your Internet connection or the type of browser you are using) in support of the purposes exposed in this notice.
Save and communicate privacy choices 60 partners can use this special purpose
Always Active
The choices you make regarding the purposes and entities listed in this notice are saved and made available to those entities in the form of digital signals (such as a string of characters). This is necessary in order to enable both this service and those entities to respect such choices.
have your say