The writer is the Secretary of State for Foreign Affairs of the United Kingdom
The Northern Ireland Protocol is currently undermining the Belfast (Good Friday) Agreement, the basis of peace and political stability. Aside from its many practical problems, it has created a growing sense that the rights and aspirations of some parts of the community are being undermined.
The ideal would be to resolve these issues through negotiation, but the EU has ruled out changing the text of the protocol. Northern Ireland has been without a fully operational executive since February due to the protocol, at the time of the cost of living crisis and many other challenges.
It is therefore the duty of this government, as co-signatory and co-guarantor of the agreement, but also as the sovereign government of Northern Ireland, to act.
We are moving forward with legislation to address the specific issues that the protocol is causing by keeping those parts working. This is necessary and legal. All other options within the current EU mandate are currently exhausted.
We will fix problems in four areas: customs and agri-food controls; regulation; control of subsidies and VAT; and governance. At customs, this bill creates a system of green and red lanes. This means that goods destined exclusively for Northern Ireland will be freed from bureaucracy, while those destined for the EU will go through full customs formalities.
All data will be shared with the EU in real time as the goods leave Britain. We already have this system in place and we are doing demonstrations to companies and the EU to show how it works. Any trader who violates the lanes will face penalties. Our solution protects the EU’s single market and does not leave the EU worse off than it is today.
Our bill will establish a double regulation regime so that companies can choose between meeting UK or EU standards. This removes barriers to the sale in Northern Ireland of products manufactured to UK standards.
I know how important this is for field companies. Carriers have told me about the piles of paperwork they have to fill to bring goods from Britain. I have heard of traders like Asda, whose products are still subject to checks on the way to Larne, although they have no shops in the Republic of Ireland to which they could go.
We will also ensure through this bill that the government can establish UK-wide policies on subsidy and VAT control, to ensure the traditional role the government has played in supporting the Northern Ireland economy. We will remove the role of the EU Court of Justice in areas where it is not relevant, including its role as final arbitrator in disputes, to normalize governance agreements in line with other such treaties.
We need to solve these problems one way or another. Our first option was – and still is – to renegotiate the text of the protocol. This would be entirely in line with the evolution of other international treaties.
The protocol was not forever engraved on the signature. It explicitly recognizes the need for possible new arrangements in accordance with the Belfast Agreement (Good Friday).
We therefore need the EU to change its mandate and accept the need to change its own protocol, as always foreseen. We are ready to enter into these negotiations and ready to implement the results through this legislation. However, we cannot afford to lag behind. Given where we are, the only way to maintain the Belfast (Good Friday) Agreement and fix the problems in Northern Ireland is through legislation.
Once completed, we will have a solution that ensures that the agreement is maintained in all its dimensions, helping to restore balance between communities and fulfill our commitments to the people of Northern Ireland. Meanwhile, the UK and the EU can focus all their efforts on working together on issues such as Ukraine to improve not only Europe but the world.