Escalation in the Northern Ireland dispute: Great Britain wants to break the Brexit treaty

Status: 06/14/2022 05:01 a.m

After months of threatening gestures, the British government wants to unilaterally change the Brexit regulations for Northern Ireland agreed with Brussels. The EU immediately announced consequences. A trade war does not seem out of the question.

British Foreign Secretary Liz Truss had tried in vain to promote Britain’s position on the Northern Ireland Protocol in telephone calls with her Irish colleague Simon Coveney and the EU. But there was no rapprochement. In the evening, the Conservative government then published its bill suspending parts of the Northern Ireland Protocol.

The Foreign Minister emphasized that this is not violating any laws: “We have real problems in Northern Ireland and with this law we are returning to the principles of the Good Friday Agreement, which is intended to bring stability.” At the same time, Great Britain is protecting the EU internal market, adhering to the core principles of the Northern Ireland Protocol and moving clearly within the framework of international laws.

Four points for simplified trading

The British government lists four main points that are intended to simplify trade between Northern Ireland and Great Britain. A “green trail” will eliminate customs controls for goods that remain in Northern Ireland. The EU fears that this could open up smuggling routes.

Businesses should also have the choice to market goods in Northern Ireland under either UK or EU goods regulations, the UK government says.

In addition, Northern Ireland must be able to benefit from the same tax breaks as the rest of the United Kingdom. Finally, disputes should be settled through independent arbitration and not through the European Court of Justice.

The EU immediately threatens the consequences

The EU and above all the Republic of Ireland, which is directly affected, consider the unilateral changes to the negotiated Brexit treaty to be a breach of international law. Ireland’s Foreign Minister Coveney said on the BBC: Great Britain was usually a role model when it came to complying with and defending international law.” The country is currently doing fundamental damage to this reputation, “we are heading for a new low in Irish-British relations”.

“Unilateral measures are detrimental to mutual trust,” said EU Commission Vice President Maros Sefkovic. Brussels notes the British government’s decision “with great concern”. In any case, Brussels sees unilateral changes to the text as a violation of international law.

“As a first step”, the continuation of legal proceedings initiated against the British government in March 2021 is now being considered, explained Sefkovic. “We had suspended this process in September 2021 in a spirit of constructive cooperation to allow space to seek common solutions. The UK’s unilateral action goes directly against that spirit.”

Chancellor Scholz spoke of a “very regrettable decision”. “It is a departure from all the agreements that we have between the European Union and Great Britain.” US Secretary of State Blinken warned London not to jeopardize the achievements of the peace agreement for Northern Ireland and to “continue negotiations with the EU in good faith”.

Johnson: It’s all about the details

Prime Minister Boris Johnson warned that Brussels would overreact if the EU reacted to the British legislative plans with a trade war. After all, it’s all about the details: “We can reduce bureaucracy on the border between Great Britain and Northern Ireland without creating it on the inner-Irish border.”

How much the Northern Ireland Protocol actually harms the Northern Ireland economy is a matter of debate. The part of the country is a member of both the EU internal market and the British market. Trade across the intra-Irish border has increased significantly since the Protocol was introduced. Stephen Kelly of the Manufacturing NI trade association sees few problems with the current agreements:

The reality for many companies from grocery to manufacturing is that the NI protocol works great. We need some small reforms, but not a wrecking ball like this law is.”

British Trade Association warnings

The British trade association CBI, which represents 190,000 companies nationwide, warned that if the British government went it alone, it could prevent investments by creating a climate of uncertainty such as that prevailed during the Brexit phase.

Opposition leader Keir Starmer from the Labor Party also criticized the bill: “There are minor problems, but we could solve them at the negotiating table – with trust. But we don’t have that in the current prime minister.”

Not just approval within the group

Within the conservative group, not everyone is behind the bill. The Brexit hardliners of the European Research Group had worked on the formulation. Other Tory MPs, on the other hand, speak of “complete madness” and are calling for closer rapprochement with the EU on Brexit or even a return to the single market, given rising inflation and poor British economic data.

The government, however, hopes that the Queen can sign the Northern Ireland Act before the summer break at the end of July. Critics expect months of tug-of-war in the upper house, for example.

Government formation hampered in Northern Ireland

The dispute over the Northern Ireland Protocol continues to hamper government formation in Northern Ireland. Even before Truss presented the bill in Parliament, London had called on the pro-British DUP party to finally allow the formation of a government after the elections in Belfast in early May. The DUP had previously refused to participate on the grounds that the harmful Northern Ireland Protocol had to be overturned first. DUP MP Sammy Wilson said they wanted to wait and see if the law would actually go through.

Even in distant Washington, the British government’s move is likely to raise eyebrows. Joe Biden, US President with Irish roots, had always warned against London going it alone with a view to the Northern Ireland Protocol. A bilateral post-Brexit trade agreement between the US and Great Britain is unlikely to have been accelerated by the new draft law.

With information from Gabi Biesinger, ARD Studio London

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