The UK Government has begun steps to reform the NI Protocol at last.Naturally, the Gruan puts the EU side front and centre. First this
EU poised to take legal action against UK over Northern Ireland
protocol bill
[The UK Government] 'justified the move under a principle called the “doctrine of
necessity”, claiming the protocol was causing “peril” to
society and politics in Northern Ireland because of the threat to the
Good Friday agreement.
But
the EU said it would launch legal action for infringing the protocol
and a majority of members of the Northern Ireland assembly accused
Johnson of being the reckless one by destabilising the Good Friday
agreement.
Under the new legislation, which is likely to face considerable
opposition in parliament, the government would scrap checks for firms
selling goods from Great Britain destined for Northern Ireland rather
than the EU. Instead, the government envisages the creation of a
“green lane” of fewer checks for those selling goods heading for Northern Ireland and
a “red lane” with existing checks for goods destined for EU
countries.
It would also allow firms in Great Britain exporting to Northern
Ireland to choose between meeting EU or UK standards on regulation,
which are expected to increasingly diverge.
Further measures include bringing Northern Ireland’s tax break
and spending policies into line with the rest of the UK, and changing
oversight of trade disputes so that they are resolved by independent
arbitration rather than the European court of justice – a clause
pushed by Conservative Eurosceptics.
In another piece :
The EU
has vowed to use “all
measures at its disposal” in response to the government bill
that would unilaterally override parts of the Northern Ireland
protocol – a step Brussels, and many on Conservative backbenchers [sic] [but see below] ,
see as a flagrant breach of international law.
the EU is likely to restart an old legal complaint
and trigger new ones over the government’s alleged failure to
implement parts of the Northern
Ireland protocol. Under the protocol, Northern
Ireland remains in the EU’s single market for goods and the
European court of justice has jurisdiction.
Last March Brussels started legal action
against the government, after the government announced that
supermarkets and their suppliers would
not have to comply with a host of EU food rules,
a unilateral extension of a grace period. The EU suspended its legal
action in July as a goodwill gesture to help restart talks, but is
now likely to revive this case, which could end with the ECJ imposing
daily fines
The European Commission has other gripes about
British implementation of the protocol: including a unilateral
decision to waive some checks on cold meats
and alleged failure to provide data and build border inspection
posts. The complaints, which the UK disputes, could also end up in
the ECJ...[but that will soon have no jurisdiction of course]
British
participation in the EU’s €96bn (£81bn)
Horizon research programme? A memo on financial services to create a
talking shop on regulation? A deal on returning asylum seekers to the
EU? No chance. These mooted agreements will remain in the deep freeze
for the duration of the dispute over the Northern Ireland protocol.
[But, for any sort of escalation of a trade war, much floated by the media]...
The EU has to go through the exacting dispute-settlement process
outlined in the Brexit withdrawal agreement. First the case would go
to the ministerial joint committee led by the foreign secretary, Liz
Truss, and the European Commission vice-president Maroš Šefčovič.
The next step would be an independent arbitration panel that can
impose fines on the guilty party. Only in the event of persistent
rule-breaking can the EU-UK trade deal be suspended. EU governments,
which are also grappling with the soaring cost of living, hope to
avoid what they see as a pointless, costly row.
While British negotiators hope tabling the bill will force
compromises, the threat has triggered the opposite response: the EU
has united in defence of the protocol.
The E is not the only body to unite though. Lastly
Bulk of Tory MPs stand firm behind Northern Ireland protocol bill
Sir Roger Gale, the North Thanet MP, was among the only Conservatives
to express strong reservations, saying: “The legislation appears to
be in breach of articles 26 and 27 of the Vienna convention on
international treaties ratified by the UK in 1971. I don’t see how
I or any member of parliament can vote for a breach of international
law.”
Stephen Hammond, another Conservative MP and former remainer, also
added his voice of criticism, saying: “Many colleagues are very
concerned that this bill will breach international law and the
commitments we have freely entered into … There is frustration
about why now and how we are proceeding.”
However,
the bulk of the 148 Conservative MPs who voted against Johnson’s
leadership decided not to criticise the prime minister’s
legislation, which has attracted a scathing response from Ireland
and the rest of the EU.
Returning to the issue which the EU has neglected, and which their spokesperson dismissed last night in a liberal waffle about the need to overcome DUP objections through a wide-ranging discussion among 'all the communities' in Northern Ireland
Sir Jeffrey Donaldson, the DUP
leader, welcomed the Northern Ireland protocol bill on Tuesday, but
said the party would revive the Stormont assembly only if the bill
progressed at Westminster.
“Parliament can either choose to go forward with the [Good
Friday] agreement and the political institutions and stability in
Northern Ireland, or the protocol, but it can’t have both,” he
told BBC...
The
Northern Ireland protocol and Good Friday agreement cannot exist
together. One seriously harms the other. The protocol undermines the
cross-community consensus on which the political institutions
operate.”
Meanwhile, the GHraun claims that
Legal
opinion also coalesced against the government’s claim to justify
the breaking of international law under the “doctrine of
necessity”.
They quote one lawyer in support of this, a certain:
Dr
Ronan Cormacain, senior research fellow at the
Bingham Centre for the Rule of Law [This is a charity aiming at promoting the rule of law supported by a number of charities including the Sigrid Raussing Trust, a Human Rights fund)