Arlene Foster wants the Northern Ireland protocol to be scrapped (Photo: Reuters)

The EU’s threat to override the Brexit deal, just one month after the agreement came into force, has united fierce rivals in codemnation of the swiftly reversed gambit.

Among those criticising the decision to trigger “article 16”, the emergency brake contained within the Northern Ireland protocol, were the UK Government, the Irish Government, Labour, the Liberal Democrats, the Democratic Unionist Party, Sinn Fein, Tony Blair, Nigel Farage, the Archbishop of Canterbury and Michel Barnier – the man who negotiated the Withdrawal Agreement on behalf of the EU.

The provision was only in play for a few hours on Friday, with European Commission chief Ursula von der Leyen withdrawing the suggestion that the EU would block the flow of vaccines into Northern Ireland following a fierce backlash.

But already it raises questions about how sustainable the protocol, a key but controversial part of the Brexit deal, will prove in the long run – not least given the fierce opposition to it from Conservative Brexiteers and most Northern Irish unionists. They loathe the protocol because it imposes checks on goods going between Northern Ireland and Great Britain, in order to keep the border with the Republic of Ireland fully open.

‘Genie is out’

Jeffrey Donaldson, the DUP’s leader at Westminster, said: “I’m afraid the genie is out of the bottle and that genie is that the EU clearly sees the Northern Ireland protocol as a stick to beat the UK with… That is why we have said to the Prime Minister this protocol is harming the integrity of the UK single market.”

European Commission President Ursula Von Der Leyen puts on her face mask (Photo: Johanna Geron/AP)

Mark Francois, chair of the hardline European Research Group, wrote in The Sunday Telegraph that the row presented an “opportunity”, adding: “We should announce a complete review of the NI protocol, to iron out operational problems and, if necessary, even consider replacing it entirely.”

Until now, it has been the UK Government that has proven most willing to play fast and loose with the provisions of the protocol, most notably with its threat to break international law by singlehandedly changing the way it is interpreted via the Internal Market Bill. On 13 January, Boris Johnson told MPs that “we will have no hesitation in invoking article 16” if the EU is accused of disrupting food supplies to Northern Ireland.

Not informed

The operation of the Withdrawal Agreement is overseen by a joint committee chaired by Michael Gove and his European opposite number, Maros Sefcovic. The pair get on well together, and it was they who managed to hammer out a deal to scrap the contentious clauses of the Internal Market Bill. Neither man was informed in advance of the Commission’s gambit this week.

Even if Brussels’ decision to trigger the clause turns out to have been a simple technical error made by stressed officials, the EU has now made it clear that protocol can be undermined with a simple press release, and given fuel to those who want it gone for good. Enemies of the Brexit deal are newly emboldened in their campaign.

Source: https://inews.co.uk/news/analysis/eu-threat-close-irish-border-fuel-want-brexit-deal-scrapped-851904?ITO=newsnow

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LONDON – British Prime Minister Boris Johnson on Monday defended his plan to unilaterally rewrite Britain’s divorce deal with the European Union as an insurance policy against the bloc’s unreasonable behavior — even as his former attorney general joined the ranks of once-loyal lawmakers condemning the contentious move.

Johnson said a planned law designed to override portions of the Brexit withdrawal agreement was needed because the EU might “go to extreme and unreasonable lengths” in its treatment of former member Britain.

“I have absolutely no desire to use these measures,” Johnson told lawmakers as he introduced the Internal Market Bill in the House of Commons. “They are an insurance policy.”

Johnson’s Conservative government has acknowledged that the bill breaches the legally binding withdrawal treaty that Britain and the EU have both ratified. The legislation threatens to sink the already-foundering negotiations between Britain and the EU on a post-Brexit trade deal.

The U.K. formally left the bloc on Jan. 31, but existing trade rules remain in effect until the end of this year under a transition designed to provide time to negotiate a long-term trade agreement.

Britain’s Prime Minister Boris Johnson speaks in the House of Commons in London, Sept. 14, 2020, in a video grab from footage broadcast by the UK Parliament’s Parliamentary Recording Unit.

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Ed Milliband, business spokesman for the opposition Labour Party, accused Johnson of “trashing the reputation of this country and trashing the reputation of his office.”

With an 80-seat majority in the House of Commons, Johnson is expected to have enough votes to push his legislation through Parliament despite opposition anger.

The bill easily cleared its first House of Commons vote by 340 to 263 on Monday. It will now face attempts to amend or overturn it during several days of detailed scrutiny by lawmakers before another vote.

Critics of move

There is wide unease within Johnson’s party about the law-breaking move.

Geoffrey Cox, who was the government’s top legal officer when Johnson negotiated the Brexit withdrawal agreement less than a year ago, said reneging on the deal would be an “unconscionable” breach of international law.

“I simply cannot approve or endorse a situation in which we go back on our word, given solemnly,” Cox, previously a strong supporter of Johnson on Brexit, told Times Radio. “The breaking of the law ultimately leads to very long-term and permanent damage to this country’s reputation.”

As part of the Brexit divorce deal, Britain and the EU agreed to keep Northern Ireland — the only part of the U.K. to share a border with the bloc — bound to some EU rules on trade, to avoid the need for border checks on goods moving between Northern Ireland and the Republic of Ireland. Both sides accepted the compromise to protect the open border, which helps underpin the peace process in Northern Ireland.

The Internal Market Bill would give the British government the power to override the EU’s agreed role in oversight of trade between Northern Ireland and the rest of the U.K.

Johnson claims the EU has threatened to use “an extreme interpretation” of the withdrawal agreement to “blockade” food shipments from the rest of the U.K. to Northern Ireland unless Britain agrees to accept EU regulations.

The EU denies threatening a blockade and says it merely wants Britain to live up to the terms of the agreement. EU leaders are outraged at the prime minister’s proposal and have threatened the U.K. with legal action if it does not drop the proposal by the end of the month.

Two former Conservative U.K. prime ministers, John Major and Theresa May, have condemned the legislation. On Monday a third, David Cameron, said he had “misgivings.”

What mystifies some observers is that Johnson is repudiating a treaty that he himself negotiated and hailed as an “oven-ready” deal that would “get Brexit done.” That declaration of victory was key to Johnson’s successful December 2019 election campaign.

“There was a political imperative on the government to get an agreement and then to go to the electorate with the claim that they had, to coin a phrase, got Brexit done,” said Tim Bale, professor of politics at Queen Mary University of London.

“I think it possibly was the case in some senses that it was ‘make the agreement in haste and then repent at leisure.’ And what we’re seeing now is the repentance.”

What’s next 

Johnson’s move has dynamited the dwindling trust between Britain and the EU as they try to negotiate a new trading relationship.

Talks are due to continue this week in Brussels despite the chill in relations. Both sides say any deal must be agreed by next month so there is time for it to be ratified by Dec. 31.

If there is no deal, tariffs and other impediments to trade will be imposed by both sides at the start of 2021.

That would mean huge economic disruption for the U.K., which does half its trade with the bloc. A no-deal exit on Jan. 1 would also hit some EU nations, including Ireland, France, Belgium and the Netherlands, especially hard.

Source: https://www.voanews.com/europe/uks-johnson-defends-plan-rewrite-brexit-deal-says-eu-unreasonable

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