A bill released today would give ministers sweeping new powers to circumvent elements of the Northern Ireland Protocol, as well as new powers in the UK over tax and government subsidies in the region without the consent of Brussels. The long-awaited legislation provoked outrage in both Brussels and Dublin, with Irish Prime Minister Micheal Martin saying it was “very sad for a country like the United Kingdom to renounce an international treaty” negotiated and agreed upon by Mr. Johnson in 2019. And a majority of the members of the Northern Ireland Assembly – including all members of the Sinn Fein, SDLP and the Legislative Assembly (MLAs) – signed a joint letter to the Prime Minister urging him to abandon his “reckless” re-registration. The government believes it will ease trade cuts with mainland Britain after Brexit. In the meantime, questions have been raised about Attorney General Suella Braverman’s claim that the move does not violate international law, as it has emerged as being based on the “doctrine of necessity” that allows states to violate agreements in extremely limited and extreme circumstances. Noting that the Committee on International Law states that the doctrine can only be invoked when a country’s interests are in “serious and immediate danger” for reasons to which it has not contributed, Cambridge University Law Professor Mark Eliot said it was “very difficult to be supported “. that was valid. “The position, therefore, is that if the Northern Ireland Protocol bill is passed in its current form and enters into force, it is very likely to indeed violate international law by placing the United Kingdom in the clear obligations set out in the Exit Agreement. and protocol, “he said. Foreign Minister Liz Truce said the UK’s preference was to bring about a change in the protocol through negotiations with the EU, but said this proved impossible because Member States refused to change the mandate of chief negotiator Maros Sefkovic. However, Mr Sefcovic said the UK’s unilateral move was “detrimental to mutual trust” and would undermine the Trade and Cooperation Agreement governing post-Brexit relations between the UK and the EU, and that it would Northern Ireland companies’ access to the EU single market is in question. Confirming that the commissioners will use a meeting on Friday to consider the adoption of “new” infringement proceedings against the United Kingdom, as well as the banning of existing legal measures, Mr Sefcovic said: “The renegotiation of the protocol is not realistic. No functional alternative has been found to this delicate, long-term negotiating balance. “Any renegotiation would only bring further legal uncertainty to the people and businesses of Northern Ireland. “For these reasons, the EU will not renegotiate the protocol.” Actions for breach could lead to financial sanctions against the UK, with a full-blown trade war on hold until the bill becomes law. However, this remains far below, with fierce resistance in the House of Lords expected to delay his passage through parliament. Government sources confirmed that the legislation introduced today would not automatically change the rules governing trade in Northern Ireland, but would simply give ministers the power to do so indefinitely in the future, with the rules of the protocol remaining in place. power until you do. A senior Tory Eurosceptic told the Independent that the important issue was that Mr Johnson and Ms Tras had shown a willingness to take unilateral action. “They can hope to encourage Brussels to change Mr Sefcovic’s mandate,” he said. “I think this is the game plan, but my suspicion is that the EU will not be ready to do it.” The bill, finalized in tense negotiations within the cabinet last week, will give ministers the power to create separate green and red channels for British products destined for Northern Ireland and those to enter the EU through the Republic. with customs controls only in the second. The role of the Court of Justice of the European Communities (ECJ) in border disputes will be limited to decisions on points of EU law referred to it by a panel of arbitrators. Ministers in London could unilaterally modify tax and government subsidies in Northern Ireland – for example, by extending VAT relief to energy-saving products available in the rest of the UK – although the province remains part of the EU single market. And the controversial “clause 15” gives Westminster broad powers for further change in the future, although Downing Street insisted the provision was merely a safety net that allowed London flexibility in the event of a change of circumstances. DUP leader Sir Jeffrey Donaldson said the union wanted to see how the bill would go to parliament before deciding whether to lift the boycott of power-sharing agreements that prevented the formation of a new executive and assembly in Northern Ireland. of last month. “Publishing the bill offers nothing in itself, but it is an important step,” said Sir Jeffrey. “What we want to see now is for the bill to go to parliament, and as the bill goes we will look at what decentralization means in Northern Ireland.” Mr Johnson, meanwhile, has faced resistance from both sides of his party, with concerns in No. 10 that the bill could provide an early opportunity for insurgency by internal critics who voted in favor of his ouster last year. week. Members of the hard-line Eurosceptic European Research Group (ERG) are set to reconvene their senior bar’s “star chamber” to pass legislation with a fine-toothed comb to determine whether it addresses concerns that Northern Ireland is treated differently. from mainland Britain. Mr Johnson faced strong questions from ERG lawmakers at a private meeting last week as the bill was being finalized. A senior member told the Independent that the bill is believed to address “70-80 per cent” of ERG concerns, but that any continued role of the European Court of Justice in ruling on future disputes would be “problematic”. Centrist One Nation’s Tories are worried about damaging the UK’s international reputation because it is considered a violation of international law. Mr Johnson insisted this morning that the measures in the bill were “bureaucratic changes” that would amount to “a relatively insignificant set of adjustments to the grand blueprint”. However, Mr Martin said the legislation “represents a new low point, because the natural expectation of democracies like us, the United Kingdom and all of Europe is to abide by the international agreements we conclude”. And Labor leader Sir Keir Starmer has said the government is “going the wrong way” by using unilateral legislation to circumvent an international treaty. “The answer to that is to accept that there are some problems with the way the protocol works, but they can be resolved around the negotiating table with states, with deceit, with trust,” Starmer said. “Unfortunately, we do not have them in the current prime minister.” The joint letter from 52 of Stormont’s 90 lawmakers said the rejection of the protocol “excludes the wishes expressed not only by most businesses, but by most people in Northern Ireland”. Although “not ideal”, its current protocol “represents the only protection available to Northern Ireland from the worst effects of a tough Brexit”, allowing businesses to access both the EU single market and the UK internal market. , they said.
