Explainer: Northern Ireland Protocol—the bone of contention of Brexit


British Prime Minister Rishi Sunak and European Commission chief Ursula von der Leyen are due to hold “final talks” on Monday for the post-Brexit trading arrangements over the so-called Northern Ireland Protocol.

According to a statement released by Sunak’s Downing Street office late on Sunday, the two leaders are expected “to meet late lunchtime Monday for final talks” in Berkshire, a county west of London.

All eyes will be on Sunak to clinch a new Brexit deal for Northern Ireland, amidst strong criticism from pro-UK unionists in Northern Ireland and hardline Brexiteers in his own Tory party ranks.

What is Northern Ireland Protocol?

The protocol on Ireland/Northern Ireland, commonly referred to as the Northern Ireland Protocol, is part of the Brexit agreement that ensures that a hard border is avoided in Ireland after the UK formally left the EU on 31 January 2020.

Supporters believe that the deal offers Northern Ireland the best of both worlds, as it can not only remain in the EU’s single market, but can also have access to UK market.

Under the protocol, Northern Ireland followed some EU laws so that goods flow freely over the Ireland border without checks. And instead, goods coming from England, Scotland and Wales are checked when they arrive at the Northern Irish ports.

The EU has strict food rules and requires border checks when certain goods, such as milk and eggs, arrive from non-EU countries.

But Britain wants to change the current agreement as it fears that cameras or border posts, as part of these checks, could lead to instability.

The UK and the EU had signed the Northern Ireland Protocol as part of the Brexit withdrawal agreement in order to protect the Northern Ireland peace deal —also known as the Good Friday agreement —that ended the 30 years of political instability and allowed both nationalists and unionists to run the country.

How does the protocol work?

Under the protocol, inspections and document checks would be conducted between Great Britain—England, Scotland and Wales—and Northern Ireland. These take place at Northern Ireland’s ports.

What changes does UK propose for the protocol?

Britain never fully implemented the protocol, saying that Northern Ireland could not afford such unnecessary checks as it would lead to more red tape apart from the economic costs of the COVID-19 pandemic.

The UK government wants different rules for goods coming from Great Britain to Northern Ireland and goods which then cross the border into the Republic of Ireland.

It has proposed two lanes—a red lane for the products destined for the Republic of Ireland and the rest of the EU. These would undergo full checks and customs controls.

And a green lane for the trusted traders transporting goods to Northern Ireland only. These would be exempt from checks and customs controls.

Paving the way for a such a scheme, London agreed in January to share UK data with Brussels on the flow of goods.

The UK also want changes to tax rules. The industry in Northern Ireland follows EU rules on state soaps and the sales tax, VAT. It means that the government payments to help firms in Northern Ireland and tax breaks must be within limits set by the EU.

The UK government wants these limits to be removed. Moreover, it also wants an independent body to settle disputes over the Northern Ireland Protocol, rather than the European Court of Justice.

Who opposes the protocol?

Unionist parties want Northern Ireland to remain part of the UK. They say that the current checks undermine Northern Ireland’s place within the UK.

The Democratic Unionist Party (DUP)—the largest unionist party—has refused to participate in Northern Ireland’s power-sharing government unless its concerns are resolved.

The party has prevented a Northern Ireland devolved government from forming, leaving it in political gridlock.

The European Commission on June 15 started legal action against the UK for not adhering to the protocol, and called on the government to return to negotiations.

The EU has opposed renegotiating the protocol, but has offered to work on how the rules apply, including:

  • reducing customs and checks on goods
  • reducing the amount of paperwork
  • relaxing rules so chilled meats can still be sent across the Irish Sea.

But In January 2023, the two sides reached an agreement on sharing data on trade. This will allow the EU to access the UK’s IT systems for detailed information about goods flowing from Great Britain to Northern Ireland.

What will happen on Monday?

In Berkshire, Sunak and Leyen will meet late at lunchtime for final talks. A cabinet will then follow in the afternoon, where updates on those talks will be given, according to BBC.

If a final deal is agreed upon, the prime minister and Leyen will hold a short joint press conference in the late afternoon

The prime minister would then give a House of Commons statement on the agreement

(With inputs from agencies)



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