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Government threatening to ditch Northern Ireland protocol unless EU backs down

Liz Truss pushing for unilateral action to tear up deal, despite warnings of trade war ahead

Adam Forrest
Monday 09 May 2022 02:35 EDT
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'Frustrating' lack of flexibility from EU over protocol, says Northern Ireland secretary

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Boris Johnsonā€™s government is threatening to tear up the Northern Ireland protocol unless the EU agrees to ditch border checks soon, despite warnings the row could spark a ā€œhorrificā€ trade war.

The Independent understands that foreign secretary Liz Truss is pushing for unilateral action unless there is a quick and significant change in stance by Brussels to remove checks on goods agreed in the Brexit withdrawal deal.

A Foreign Office source said a compromise appeared unlikely after European Commission negotiator Maros Sefcovic recently made clear in a call to Ms Truss that the EU could not go beyond its existing proposals to ease only some checks.

Northern Ireland secretary Brandon Lewis ā€“ who heads to Stormont on Monday for crisis talks after Sinn Feinā€™s historic election victory ā€“ suggested that the government was ready to ā€œdo what we need to doā€ to override the protocol.

Mr Lewis denied that the government was ā€œdancing to the DUPā€™s tuneā€, with the unionist party refusing to enter into power-sharing arrangements with Sinn Fein until Downing Street scraps the protocol checks on goods coming from Great Britain into Northern Ireland.

ā€œIt is really frustrating that the EU have not shown the flexibility we need to see to get that resolution,ā€ Mr Lewis told Sky News on Sunday.

On the prospect of legislation to override the protocol, Mr Lewis added: ā€œWeā€™ve always said we take nothing off the table, and that hasnā€™t changed. We will do what we need to do ā€¦ There is a point we will have to make some decisions.ā€

The Republic of Ireland government urged all parties to work together to re-establish a power-sharing executive after Sinn Fein emerged the largest party at the Stormont assembly for the first time.

Irish foreign minister Simon Coveney said the EU ā€œhas been willing to show a lot of flexibility over the last 12 months to try and find a basis for agreementā€.

Mr Coveney added: ā€œWe donā€™t need threats of unilateral action, unilateral legislation in Westminster. What we need is partnership and intense negotiations to try and finally settle the issues around the protocol without dismantling an international treaty.ā€

With the EU unlikely to give into threats, UK food industry bosses told The Independent they fear that a trade war would lead to a further spike in supermarket prices, just as families are struggling to cope with soaring living costs.

The EU Commission is prepared to take retaliatory trade action if No 10 tears up its commitment to uphold the protocol, say legal experts ā€“ including moves to slap tariffs on British goods.

ā€œThe EU might take legal action initially, but there could be some punitive measures. If we end up with tariffs being applied on goods then that would be horrific. It will push up costs and prices,ā€ said the British Meat Processors Associationā€™s trade policy adviser Peter Hardwick.

Shane Brennan, chief executive of the Cold Chain Federation, said he expected a ā€œratcheting upā€ in the UK-EU row. ā€œTariffs would be a huge step backwards. They would add significant inflationary pressure to costs at all levels, through to the end consumer.ā€

Sinn Fein president Mary Lou McDonald (left) and Stormont leader Michelle Oā€™Neill celebrate the historic vote
Sinn Fein president Mary Lou McDonald (left) and Stormont leader Michelle Oā€™Neill celebrate the historic vote (AP)

DUP leader Sir Jeffrey Donaldson has not confirmed if his party will nominate a deputy first minister, with Sinn Feinā€™s Stormont leader Michelle Oā€™Neill expected to be put forward for first minister post. Nominations are supposed to take place on Thursday.

Ms Oā€™Neill has urged the DUP to ā€œwork togetherā€ at Stormont. But Sir Jeffrey suggested the party would not cooperate until No 10 acted on the protocol. Writing in the Sunday Telegraph, the DUP leader stated: ā€œNo more words. Itā€™s time for action. The Irish Sea border must go and the protocol must be replaced.ā€

Results from the election mean a majority of elected representatives are in favour of keeping the protocol, aimed at preventing a hard border on the island of Ireland. Only 37 unionists in the new 90-seat assembly are hostile.

However, deputy prime minister Dominic Raab claimed that stability in Northern Ireland was being ā€œput at riskā€ by the protocol ā€“ telling Sky News that the government would take ā€œwhatever measures are necessaryā€ to address the checks so reviled by unionists.

Northern Ireland stability 'in peril' unless protocol ditched, says Dominic Raab

He and Mr Lewis refused to say whether a bill to tear up the protocol would be included in Tuesdayā€™s Queenā€™s Speech. But The Independent understands the legislation could be introduced later in the parliamentary session.

Meanwhile, Sinn Fein president Mary Lou McDonald stepped up her push for a referendum on the reunification of Ireland, a move which would require the consent of the UK and Republic of Ireland governments.

The Republican party leader told BBC Radio 4ā€™s The World This Weekend that it was time to start an Ireland-wide ā€œcitizensā€™ assemblyā€ to discuss how a border poll might work. She said a reunification vote ā€œwill happenā€ over the course of the next decade.

But Mr Lewis and Mr Raab appeared to rule out the idea of a border poll ā€“ pointing to the fact there was still a majority of seats in the assembly for parties opposed to constitutional change, despite Sinn Feinā€™s success.

A spokesperson for the EU Commission told The Independent the intention was to ā€œcontinue workingā€ on solutions on protocol trade barriers, adding: ā€œWe are fully committed to working jointly with the UK to bring long-term legal certainty and predictability to Northern Ireland.ā€

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