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UK Government

The UK's Protocol plan: 'Unfettered access' from NI to GB, and 'light-touch' checks from GB to NI

Unfettered access to GB from NI, and declaration on goods from GB to Northern Ireland.

THE UK HAS published its proposal for the Northern Ireland protocol and how trade could operate between Ireland and Northern Ireland, and Northern Ireland and Great Britain after the Brexit transition period. 

Announcing that the document had been published, senior British minister Michael Gove told the House of Commons that the “command paper” implements the protocol “in a way that will protect the people and economy of Northern Ireland”.

The plan outlines four main aspects to the UK’s plan:

1. Unfettered access: Trade going from Northern Ireland to the rest of the UK to “take place as it does now”. There should be no additional process or paperwork, and there will be no restrictions on Northern Ireland goods arriving in the rest of the UK, which is referred to as “unfettered access”. This would be enshrined through legislation by the end of this year, Gove said.

The document says that “it makes no sense” for NI businesses to have to fill out an export or exit summary declaration, which is taking a jab at a request from EU negotiators for this to be included.

2. No tariffs on goods going from GB to NI. “We will not levy tariffs on [Great Britain] goods remaining within the UK customs territory,” the document states. “Only those goods ultimately entering Ireland or the rest of the EU, or at clear and substantial risk of doing so, will face tariffs.”

However, there will need to be declaration on goods as they move from Great Britain to Northern Ireland, Gove told MPs. “These systems will be electronic and administered by UK authorities… It would be [up to] our authorities to determine any processes required using technology, risk and compliance requirements,” he said.

What Gove means by this is that the Protocol would see UK authorities applying EU customs rules to goods entering Northern Ireland. If they remain in Northern Ireland, businesses will be reimbursed any tariffs paid on goods. If the goods continue on to the Ireland/ the EU, then the tariff costs remain.

This seems to be an admission that there will be checks of sorts between Northern Ireland and Great Britain, but they will be “light-touch”. 

3. No new customs infrastructure will be involved in the implementation of the Protocol, both Gove and the document said. For agrifood and live animal movements, they may require building on what “already happens” at ports in Larne and Belfast, he added. “There is no such case for new customs infrastructure,” Gove said.

4. Trade with Northern Ireland from third countries: Where the UK has new Free Trade Agreements with other countries, Northern Ireland businesses “will benefit” from preferential tariffs just as the rest of the UK will, the document says.

When asked about the cost of the new checks, Gove said that he was working with to make sure they are as “light-touch, effective and unobtrusive” as possible.

He said that Northern Ireland’s position in the United Kingdom was “constitutionally secure”.  

Criticisms in the Commons

In response to a question from former Prime Minister Theresa May, Gove says Northern Ireland will be asked to abide by some EU regulations on certain goods until 2024 at the earliest, and potentially indefinitely.

Gove also replied to this that they would have the option of voting these measures down in 2024, if they proved ineffective or obtrusive.

Tommy Sheppard from the Scottish National Party has said that Scotland would “happily” take the arrangements organised for the North “if they don’t want it”.

According to figures in the paper, nearly 23,000 NI businesses trade to and from Great Britain, and Northern Ireland goods sales to Great Britain are worth £8.1bn. Trade with GB comprises 56% of Northern Ireland’s total external trade in goods – making it its largest market.

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36 Comments
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    Mute Johnny 5
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    May 21st 2020, 3:35 PM

    Over 50 years since the first civil rights marches took place in the north and Irish citizens are still having to fight for their rights in Ireland. Bit by bit though, we are winning the fight.

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    Mute Feardorcha Ó Maolomhnaigh
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    May 21st 2020, 4:55 PM

    @Johnny 5:
    She obviously didn’t feel very strongly enough about her desire not to be a British citizen. It would have cost her £200 to have her British Citizenship revoked. So instead she went to court, lost and is still a British Citizen.

    The fact that anyone born in Northern Ireland is a British citizen at birth, unless they actually renounce it, it still stands in UK law. They don’t have to act on it, or ever use their British citizenship, but it is always there.

    On the other side of that coin, is that in Irish law, anyone born in Northern Ireland is an Irish Citizen by default, again they don’t have to act on it or ever use it but it is always there. I don’t know if there is a legal route in Ireland to renounce your Irish citizenship.

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    Mute Paul O'Sullivan
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    May 21st 2020, 5:03 PM

    @Feardorcha Ó Maolomhnaigh: under the Good Friday Agreement she is entitled to both Irish & British citizenship,…. it was a legal issue as a result of Brexit with regard to her husband, a loophole that needed to be fixed of which there are many in both countries in unrelated matters… that crop up now and again.

    And to prove my point that she is entitled to both UK & Irish citizenship as a result of the Good Friday Agreement I point to the New Zealand actor Sam Neill who was born in Northern Ireland and has both UK & Irish Citizenship.

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    Mute Feardorcha Ó Maolomhnaigh
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    May 21st 2020, 5:14 PM

    @Feardorcha Ó Maolomhnaigh:

    Your understanding of the case is completely incorrect. Read up on it

    It had nothing to do with Brexit. It was not a loophole. It was a very significant point of international law.

    The GFA allows for people born in Northern Ireland to “identify” as British / Irish or both.

    The UK’s stand was very logical and responsible: A child, born in Northern Ireland does not have the faculties to identify as an Irish citizen. If they were not considered a British citizen at birth, they would effectively be stateless. The UK government would then be in breach of its international obligations.

    deSouza, and those funding her, had no chance of winning their case.

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    Mute Feardorcha Ó Maolomhnaigh
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    May 21st 2020, 5:17 PM

    @Paul O’Sullivan: She was not trying to argue her entitlement to Irish or British citizenship
    She was attempting to argue in law that she was “not” British by default.

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    Mute Feardorcha Ó Maolomhnaigh
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    May 21st 2020, 5:19 PM

    @Paul O’Sullivan: Sorry Paul, the first comment was in response to you, obviously not to myself

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    Mute Conan Campbell
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    May 21st 2020, 5:50 PM

    @Feardorcha Ó Maolomhnaigh: You must be sickened at this news. You did everything you could to fight it. Ireland always had her traitors and that is as much the case today as ever. You sided with the British in another blatant infringement of an IRISH citizens rights. I hope when this island celebrates reunification that your friends tell you not to bother coming down to the pub to celebrate. You wont be welcome.

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    Mute Johnny 5
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    May 21st 2020, 7:56 PM

    @Feardorcha Ó Maolomhnaigh: you ok hun?

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    Mute Paul O'Sullivan
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    May 21st 2020, 9:21 PM

    @Feardorcha Ó Maolomhnaigh: it had everything to do with Brexit..

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    Mute Feardorcha Ó Maolomhnaigh
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    May 22nd 2020, 12:33 AM

    @Conan Campbell:

    The complexities of this case are obviously beyond your capacity to understand it.

    I am far more of an Irishman than someone who supports any organisation responsible for the murder of an Irish soldier, Irish Gardaí and Irish citizens. Here is a list of the Irish soldier and numerous Gardaí murdered by the traitorous organisations of the IRA and INLA.

    Pte Patrick Kelly, Detective Garda Jerry McCabe, Garda Richard Fallon, Insp Samuel Donegan, Garda Michael Reynolds, Garda Michael Clerkin, Garda John Morley, Garda Henry Byrne, Garda James Quaid, Garda Patrick Reynold, Garda Patrick McLoughlin, Garda Gary Sheehan, Garda Francis Hand, Sgt Patrick Morrissey

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    Mute Feardorcha Ó Maolomhnaigh
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    May 22nd 2020, 12:44 AM

    @Paul O’Sullivan: Sorry Paul. The original case had absolutely nothing to do with Brexit. If you don’t believe me, read up on the case. Its a very interesting case.

    What happened recently was different, and yes, was related to brexit. The UK government changed the immigration law so as to treat both Irish and British citizens born in Northern Ireland as EU citizens in respect getting residency for a non EU spouse. What that meant for the deSouzas was that her nationality was irrelevant to the immigration process.

    What it meant for the court case was that the deSouzas now effectively have no legal standing to take the case, and the current UK law still stands in that a person born in Northern Ireland is regarded as a British Citizen at birth.

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    Mute Donal Desmond
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    May 22nd 2020, 3:45 PM

    @Feardorcha Ó Maolomhnaigh: What has this to do with the topic. Ps you failed to mention Dublin Monaghan bombings which was supported and aided by British intelligence, Bloody Sunday, Murders in Ballymurphy, and many other innocent civilians murdered by loyalists and security forces..A bit of balance please .

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    Mute Angela McCarthy
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    May 21st 2020, 3:59 PM

    Yes bit by bit indeed. Nothing irritates the British Gov more than the north of Ireland being discussed in the U.S Congress. London being Honest Brokers and all that.

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    Mute jzT
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    May 21st 2020, 6:04 PM

    There’s Hozier again

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    Mute Conall
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    May 22nd 2020, 12:03 AM

    Does this mean that a baby born in NI to parents from NI (UK citizens) cannot automatically be conferred with British or Irish citizenship? Do we have to wait for the baby who can choose either citizenship? If the state can’t assign me citizenship without consent, should my parents be able to? They might be high-ranking members of the DUP, but how do they know the baby doesn’t think it’s Irish? They might be infringing the childs rights to be an Irish citizen and not be British.

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    Mute Feardorcha Ó Maolomhnaigh
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    May 22nd 2020, 12:51 AM

    @Conall:
    They are still automatically regarded as British Citizens in UK law. They are also regarded as Irish Citizens in Irish law.

    The Good Friday Agreement allows for a person born in Northern Ireland to identify as Irish, British or both. It does not allow for their parents or guardians to make that identification for them.

    There is nothing to signify at what age a person is capable of making that identification, it would need to be tested in court.

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