BREXIT BRIEF Brexit Brief Issue 114 15 July 2021 Tony Brown Introduction The Brief seeks to provide up-to-date information on the progress and content of the UK-EU negotiations, and bring together relevant statements and policy positions from key players in Ireland, the UK and the EU. The Brief is part of a wider communications programme covering the work of the IIEA’s UK Project Group – including commentaries, speeches, texts and event reports – which are highlighted on the Institute’s website. (www.iiea.com) Section One: State of Play press conference with Chancellor Angela Merkel, said he hoped the “wurst is behind us” Talk and Opinion Pieces - No Solutions when it came to the chilled meat saga.” Yet Prime Minister’s Questions, House of The Protocol on Ireland/Northern Ireland saga Commons, 7 July 2021 has continued with more speeches, interviews and opinion pieces but no solutions so far. David Jones MP stated that “while the As London voices speak of ‘all options on the extension of the grace period for the supply table’ and those in Brussels refer to ‘stepping of chilled meat from Great Britain to Northern up legal actions’, Belfast has welcomed visits Ireland is welcome, Lord Frost is entirely right by Lord Frost and Sir Keir Starmer. The UK has to say that it amounts in truth to no more than indicated its intention to produce its detailed a temporary ‘sticking plaster’”. He then asked plans to resolve the troublesome issues before the Prime Minister to confirm that, unless the the commencement of the Westminster European Union adopts a more proportionate Parliamentary recess on Thursday, 22 July approach to the application of the Northern 2021. And, Prime Minister Johnson, at a joint Ireland protocol, the UK would do whatever BREXIT BRIEF 114 | JUL 2021 BREXIT BRIEF is necessary, legislative or otherwise, to fix He concluded that “the prize on offer for the problem permanently”. The Prime Minister us all, if we can re-establish a new balance replied by saying: in a way that works for us all, is that we can set relations between the UK and the My right hon. Friend is, sadly, completely EU onto a new trajectory, one that moves right in his analysis. There remain very beyond the current tensions that moves serious problems in what I believe is the beyond the challenges of the last few years, misapplication—the excessively legally and realises the real, genuine potential for purist application—of that protocol. What friendly co-operation”. we are hoping for is some progress from the European Commission—some repairs Speaking at the Northern Ireland Assembly that I think that they should make to the Executive Office Committee, Lord Frost said way this is working—but to echo what he that the post-Brexit arrangement to prevent has said, we certainly rule nothing out in a hard border on the island of Ireland was a our approach. “huge compromise” by London that was “made willingly.” The “wider goal” of maintaining UK Proposals Planned peace in the North “justifies the deal.” Lord Frost has stated that the British European Commission Vice-President Government will set out its proposals on Maroš Šefčovič commented that the biggest the measures needed to resolve issues challenge for Brussels was how to rebuild surrounding the Protocol on Ireland/Northern trust and realign its relationship with London. Ireland (the Protocol) in coming weeks, in The UK must provide pathways to compliance time to have them on the table before the with the Protocol as soon as possible. In commencement of the Parliamentary recess the absence of such developments the EU on Thursday, 22 July 2021. He said that “all would ‘step up’ legal action against the UK. options remain on the table” but that “we are He highlighted the need to reach agreement confident given everything that we’ve been on issues surrounding agri-food products through the last few years that there are and argued for a deal along the lines of the ways of finding a new balance and finding the existing EU-Switzerland agreement which has necessary adjustments.” yet to find favour in London. Lord Frost emphasised that the UK will not be Frost-Lewis Op-Ed in the Irish Times, delivering any form of ultimatum. “There are no 3 July 2021 deadlines here. We are not putting something on the table and saying take it or leave it, or On Saturday, 3 July 2021, Lord David Frost you must work to this particular timetable”, and Northern Ireland Secretary Brandon Lewis he said. He told a London think tank that he published a joint article in The Irish Times, wanted a consensual approach but that “the with the title We must find a new balance current situation is not consistent with the in how the protocol is operated. Below is an careful balance in the Belfast Agreement and excerpt from the article: is not how the Protocol should be working”. “That political reality must be acknowledged In October 2019 the British government and dealt with”, he cautioned. reached a remarkable, indeed unprecedented, agreement with the EU, BREXIT BRIEF 114 | JUL 2021 BREXIT BRIEF enshrined in the Protocol on Ireland and is to take a theological approach that is Northern Ireland. It was that we would frozen in time and does not deal with the control the circulation of certain goods reality that now exists. within our own country, in the interests both of the overriding goal of supporting We look to find solutions. If that is not the peace process and the Belfast (Good possible, we will of course have to Friday) Agreement, and of protecting the consider all our options, because we EU’s single market. have an overriding responsibility and obligation to support peace, prosperity Such arrangements can work only if there and stability in Northern Ireland. Either is genuine cross-community consent way, we need to find a way forward, a for them and if people can see that the new balance of arrangements, adapted commitments to prevent disruption to to the practical reality of what we have their lives, or the diversion of trade, are seen since January, and based on the real in practice. But the EU’s attempt in common interests we all share. January to use Article 16 of the protocol to put in place a vaccines control at Foreign Minister Simon Coveney responded to the land border has had a particularly the article, saying that EU leaders feared the damaging and long-lasting effect on worst after what could be seen as a provocative exactly this consent. Recent polling from approach by the British ministers. “Many in LucidTalk shows that a there is a 50/50 the EU are interpreting the UK’s response as split in public opinion in Northern Ireland essentially saying: “Look, concessions don’t on the protocol. Opposition is growing, matter. What is required now is to dismantle including among many people who are elements of the protocol piece by piece. That not normally active in political life. That is is going to cause huge problems”. not a stable basis for the future. John Bruton Responds to UK In short, a seriously unbalanced situation Ministers is developing in the way the protocol is operating. This risks economic harm in The former Taoiseach John Bruton replied Northern Ireland and damage, in turn, to to the UK ministers in The Irish Times on the essential balance within the Belfast Wednesday, 7 July 2021: Agreement itself. The way forward is The UK’s European Union negotiator and to find a new balance in the way the its secretary of state for Northern Ireland protocol is operated. We must make a published a remarkable article in The serious effort to do so rapidly. Irish Times last week. They complained The situation is now urgent. The UK of what they called the ‘inflexible and Ireland have huge, and very direct, requirement to treat movement of goods interest in finding solutions here. But [from Britain] into Northern Ireland, as we need constructive and ambitious if they were crossing an EU external discussions with the EU which deal with frontier, with the full panoply of checks the actual reality. To simply say “the and controls’. protocol must be implemented in full” BREXIT BRIEF 114 | JUL 2021 BREXIT BRIEF It appears they never read the Ireland/ Speaking in Belfast, where he met the five Northern Ireland Protocol which is part Stormont Assembly parties and the PSNI Chief of the Agreement under which the UK Constable Simon Byrne, Keir Starmer accused withdrew from the EU. For this is precisely the Prime Minister of betraying the people of what the UK agreed to, in great detail, in Northern Ireland and said that he was not the Protocol. Annex 2 of this Protocol trusted as an honest broker. Boris Johnson lists the EU laws which are to apply “in had not been straight about the consequences and to the UK in respect of Northern of the Protocol and “is now pretending it is Ireland”. The first item on this very long someone else’s problem.” list is Customs Code of the EU. This is a rigorous code with exacting procedures, The Labour Party visitors discussed with as the UK knows well. the parties the possibility of agreement on a deal on veterinary standards which would The UK ministers, writing in The Irish reduce the need for checks on the Irish Sea Times, say preventing a hard land border and indicated that there had been “relative on the island of Ireland remains essential.