Brexit: UK considers plan to scrap parts of NI Protocolon May 10, 2022 at 11:55 am

Foreign Secretary and chief Brexit negotiator Liz Truss could move to start scrapping parts of the post-Brexit treaty for Northern Ireland from as soon as next week.

A source close to Ms Truss said she believed that the current situation could not “drag on”.

No final decisions have been made.

Whitehall sources have suggested to the BBC that, within government, the foreign secretary’s position is relatively hard-line.

The European Commission said it was “bending over backwards” to find solutions on the Northern Ireland Protocol.

Previously the UK has threatened to trigger what’s known as Article 16.

That is the provision within the protocol that could potentially see parts of the agreement suspended if the treaty is causing “serious economic, societal or environmental difficulties.”

While using Article 16 is still said to be “on the table” it is understood Ms Truss now sees domestic legislation as a “better option”.

She could announce plans to go ahead with legislation as soon as next week.

A source close to the foreign secretary insisted that her “absolute priority” was protecting peace in Northern Ireland.

“We can’t have the current situation drag on. That is why she’s prepared to act if solutions can’t be found with the EU, who still aren’t prepared to show the requisite flexibility despite the seriousness of the issue,” they said.

The UK has demanded fundamental changes to the treaty.

It wants to remove checks entirely on goods destined to stay in Northern Ireland as well as overhaul VAT and governance arrangements.

The EU has conceded there are problems with the protocol but believes they can be resolved within its existing terms.

In October 2021, the European Commission put forward various proposals including ways of easing checks on goods arriving from Great Britain.

It has described those solutions as “far-reaching” and this week called on the UK to “dial down the rhetoric” and “be honest about the deal they signed.”

It is important to say that we have been marched up this hill several times before.

There was a point when Article 16 was going to be triggered virtually every other week.

The government previously brought forward a piece of legislation known as the Internal Markets Bill which would remove parts of the protocol which the Northern Ireland secretary famously said would break international law in a specific and limited way.

But that never happened. That part of the bill was dropped.

We can’t rule out that what we are talking about now is another negotiating ploy – the UK government threatening to go nuclear by effectively disapplying large parts of the protocol and doing that through UK law.

There is also scepticism in Brussels about whether the UK will really push ahead with ditching parts of the protocol.

“From all her meetings with the EU and member states she knows exactly that this is a no-go for all of them,” said one EU diplomat.

“So this can only be about catering to a domestic audience.”

Another senior diplomat warned that such a move by the UK would only serve to “delight” Russian President Vladimir Putin.

“Contemplating to break international law and undermining Western unity at a time when Western democracies have come together to defend international law against Russia would be an utterly irresponsible move,” they said.

The protocol, agreed in 2019 by the UK and the EU, is designed to prevent a hard land border with the Republic of Ireland.

It works by keeping Northern Ireland inside the EU’s single market for goods.

But unionist parties say the trade border in the Irish sea which it has created undermines Northern Ireland’s position in the UK.

It’s an issue under fresh scrutiny following elections to the Northern Ireland Assembly.

The elections cemented a majority for assembly members who accept the protocol including the new largest party, nationalist Sinn Fein.

But the second largest party, the Democratic Unionist Party, say it will not nominate ministers to form a new executive in Northern Ireland until its concerns with the protocol are resolved.

On Tuesday, the European Commission said it wanted to find practical solutions within the boundaries of the treaty, reiterating that its proposals weren’t “take it or leave it.”

However a spokesman insisted there would be no renegotiation.

Whitehall sources have indicated that there are divisions within the UK cabinet about unilateral moves to start scrapping parts of the protocol, with concerns it could spark a “trade war.”

Chancellor Rishi Sunak is understood to have given an “assessment” on the economic implications.

A Downing Street source said that the government will act “responsibly” on the issue.

The plan to legislate has also been described as just “an option” in Whitehall that is yet to formally reach cabinet.

Liz Truss is expected to speak with her EU counterpart Maroš Šefčovič in the coming days.