Liz Truss has risked a trade war with the EU and allegations of breach of the law while enacting legislation that would allow UK exports to Northern Ireland to follow UK or EU standards and controls. .
In publishing the Northern Ireland Protocol Bill, Truss said he would address issues with the post-Brexit protocol by facilitating controls for companies selling goods from the UK to Northern Ireland instead of the UK. EU. It would also eliminate the European Court of Justice as an arbitrator in trade disputes and move to an independent mechanism.
The government published a summary of the legal basis for its actions, based on a principle called the “doctrine of necessity” on the basis that the protocol is causing “danger” in Northern Ireland.
However, the EU, legal experts and even some Conservative MPs have said the measure violates international law, as it gives ministers the power to unapply parts of the protocol unilaterally, without the Brussels agreement. .
EU Commissioner for Brexit Maroš Šefčovič attacked the “harmful” movement and threatened to take ministers to court.
He said: “As a first step, the commission will consider continuing the infringement proceedings initiated against the UK government in March 2021. We had suspended this legal action in September 2021 in the spirit of constructive cooperation to create the space for seek joint solutions. The United Kingdom as a unilateral action goes directly against the spirit. ”
One of the most important changes would be the introduction of an option for British companies exporting to Northern Ireland between complying with EU or UK regulatory standards, which are expected to diverge more and more. It would also allow the creation of a green lane that would allow fewer customs controls for goods destined for Northern Ireland and a red lane with existing controls for goods destined for EU countries.
Other measures include aligning Northern Ireland’s tax and spending reduction policies with the rest of the UK, and changing the oversight of trade disputes to be resolved through independent arbitration rather than the European Court of Justice.
The legislation will face serious opposition in the House of Commons and the Lords, with doubts as to whether Boris Johnson has support for it. The bill has some criticism of the Eurosceptic right, including the DUP of Northern Ireland, as well as some of the centrist wing of a conservative nation.
Government sources said a vote on the bill is expected to take place before parliament is dissolved for the summer holidays, but ministers would like to see a breakthrough towards the first power-sharing in Ireland. North, which the DUP has been blocking.
Most members of the Northern Ireland Assembly (Sinn Féin, the SDLP and the Alliance parties) wrote to Johnson on Monday saying they could not support the measure, warning that “against the wishes expressed not only by most companies “. but most people in Northern Ireland. ”
The assembly must vote if it gives its consent for the operation of the protocol in 2024, four years after its entry into force.
With the rise of opposition, there are some doubts among MPs that the legislation will get nowhere. The government has insisted that it would still prefer to find a negotiated solution to the problems with the protocol. But Ireland said on Monday that Truss had not been significantly involved in negotiations with the protocol since February.
Monday morning’s phone call between Truss and Dublin Foreign Minister Simon Coveney lasted just 12 minutes. A spokesman for the Irish Foreign Office said: “Mr Coveney said the publication of legislation would violate the UK’s commitments under international law, the Brexit withdrawal agreement and the Northern Ireland is deeply detrimental to relations on these islands and between the United Kingdom and the EU. “
David Lammy, the shadow foreign secretary, said it was a “desperate attempt by Boris Johnson to distract himself from the drama of his leadership crisis” and called on the government to publish its legal advice. in its entirety.
“There is a risk of creating new trade barriers in a cost-of-living crisis and it will only lead to more uncertainty for the people of Northern Ireland who are trying to make the protocol work,” he said. “The UK should be a country that keeps its word. By breaking the protocol it negotiated just a couple of years ago, the government will damage the UK’s reputation and make it harder to find a lasting solution.”