Scottish Government: Northern Ireland Protocol legislation “reckless”
- bill ‘ensures the delicate balance of the Belfast (Good Friday) Agreement is protected in all its dimensions and provides robust safeguards for the EU single market‘
- introduces durable solutions to fix the four key issues with the Protocol
- legislation will remove unnecessary costs and paperwork for businesses
The government has introduced legislation to fix parts of the Northern Ireland Protocol – making the changes necessary to restore stability and ensure the delicate balance of the Belfast (Good Friday) Agreement is protected.
The Northern Ireland Protocol Bill will allow the government to address the practical problems the Protocol has created in Northern Ireland in 4 key areas: burdensome customs processes, inflexible regulation, tax and spend discrepancies and democratic governance issues.
These problems include disruption and diversion of trade and significant costs and bureaucracy for business. They are undermining all 3 strands of the Belfast (Good Friday) Agreement and have led to the collapse of the power-sharing arrangements at Stormont. The UK government is committed to seeing these institutions back up and running so that they can deliver for the people of Northern Ireland.
Following 18 months of discussions with the EU, the UK’s preference remains for a negotiated solution to fix these problems which are baked into the Protocol. But the EU must be willing to change the Protocol itself. Ministers believe that the serious situation in Northern Ireland means they cannot afford to delay.
Foreign Secretary Liz Truss said: “This Bill will uphold the Belfast (Good Friday) Agreement and support political stability in Northern Ireland. It will end the untenable situation where people in Northern Ireland are treated differently to the rest of the United Kingdom, protect the supremacy of our courts and our territorial integrity.
“This is a reasonable, practical solution to the problems facing Northern Ireland. It will safeguard the EU Single Market and ensure there is no hard border on the island of Ireland.
“We are ready to deliver this through talks with the EU. But we can only make progress through negotiations if the EU are willing to change the Protocol itself – at the moment they aren’t. In the meantime the serious situation in Northern Ireland means we cannot afford to allow the situation to drift.
“As the government of the whole United Kingdom, it is our duty to take the necessary steps to preserve peace and stability.”
The legislation enables the government to bring forward durable solutions in each of the 4 key areas. The solutions are:
- green and red channels to remove unnecessary costs and paperwork for businesses trading within the UK, while ensuring full checks are done for goods entering the EU
- businesses to have the choice of placing goods on the market in Northern Ireland according to either UK or EU goods rules, to ensure that Northern Ireland consumers are not prevented from buying UK standard goods, including as UK and EU regulations diverge over time
- ensure Northern Ireland can benefit from the same tax breaks and spending policies as the rest of the UK, including VAT cuts on energy-saving materials and Covid recovery loans
- normalise governance arrangements so that disputes are resolved by independent arbitration and not by the European Court of Justice
These changes are designed to protect all 3 strands of the Belfast (Good Friday) Agreement, including North-South cooperation, and support stability and power-sharing in Northern Ireland.
They will provide robust safeguards for the EU Single Market, underpinned by a Trusted Trader scheme and real-time data sharing to give the EU confidence that goods intended for Northern Ireland are not entering its market. The legislation also ensures goods moving between Great Britain and the EU are subject to EU checks and customs controls.
The UK’s proposals protect the elements of the Protocol that are working, such as the Common Travel Area. It also contains a provision for it to be replaced by a negotiated settlement, if one is agreed with the EU.
It is consistent with international law and further information on the government’s legal position has been published today.
The government has today also published a ‘problems and solutions’ explainer document setting out each of the proposals in detail.
The UK has engaged extensively with the EU to resolve the problems with the Northern Ireland Protocol over the past 18 months. In the recent intensive discussions between October and March, the negotiating team held more than 300 hours of official and ministerial discussions and spent hundreds more examining the EU’s non-papers in detail.
However, it has become clear the EU proposals don’t address the core problems created by the Protocol. They would be worse than the status quo, requiring more paperwork and checks than today. The EU have said they will not allow changes to the Protocol within its current negotiating mandate.
Scottish Ministers are calling on the UK Government to withdraw legislation aiming to abandon parts of the Northern Ireland Protocol negotiated with the European Union.
Following the publication of the legislation, External Affairs Secretary Angus Robertson has reiterated the danger that disregarding parts of the UK-EU Withdrawal Agreement could lead to a trade war when the UK is already close to recession and in the middle of a cost of living crisis.
Mr Robertson said: “It is extremely reckless and frustrating that the UK Government has decided to bring forward this legislation. The UK Government has deliberately set itself on an entirely avoidable collision course with the EU.
“Brexit is forecast to cause more harm to the economy than COVID, and this action by the UK Government could trigger significant additional damage to our economy when we are already facing the worst cost of living crisis seen for decades.
“Scotland has direct interests at stake in the Protocol, particularly in trade and border control, and yet the UK Government has shown no willingness to engage us on these issues. It is also directly impacting other Scottish interests, such as participation in the flagship Horizon Europe research programme.
“We have repeatedly called for the UK Government to step back from this confrontational approach and focus instead on dialogue with our European partners, who stand willing to work in partnership to find a negotiated solution. Those calls have also been ignored.
“We urge the UK Government to return to the negotiating table and withdraw this Bill. It is inconceivable to think that the Scottish Government would recommend legislative consent for a bill that would negatively impact Scotland’s economy, that could be deemed to break international law and could risk sparking a trade war with our fellow Europeans, which is in no one’s interests.”
The TUC and NIC-ICTU yesterday issued a joint statement to condemn the UK government’s “reckless” decision to unilaterally suspend its obligations under the Northern Ireland Protocol.
The union federations warn the decision will threaten the peace process in Northern Ireland and lead to a potentially damaging trade war.
Commenting on the new legislation, TUC General Secretary Frances O’Grady said: “It says everything about ministers’ warped priorities that in the middle of a cost-of-living emergency, they announce legislation that could provoke a trade war and cause prices to skyrocket further.
“Working people must not pay the price for this reckless move.
“The government must drop this bill, honour the agreement they signed up to and put practical solutions ahead of posturing.
“Ministers need to get back around the table with the EU as soon as possible and come to an agreement that protects jobs, rights and the Good Friday Agreement.
“The government must show that it respects international agreements to repair its now-trashed reputation as a trading partner.”
ICTU Assistant General Secretary Owen Reidy said: “We all accept that there are practical issues with the protocol that must be addressed in the interests of all of the people of Northern Ireland.
However, the only credible way to do this is for the UK government to start to engage with the EU in good faith, as opposed to taking unilateral action which makes an agreement on the implementation of any protocol more challenging and difficult.”
The full joint statement from the TUC and NIC-ICTU reads:
We are deeply concerned that the UK government has stated an intention to unilaterally suspend its obligations under the Northern Ireland Protocol.
Trade unions played a critical role in the development of the Good Friday Agreement – but the government’s actions now threaten peace.
It is essential that the Good Friday Agreement is protected.
This reckless action also risks provoking a trade war with the EU.
In the middle of cost-of-living crisis, it is appalling for the UK government to suggest it will take actions that could see prices skyrocket even further.
Working people must not pay the price of the government’s reckless actions.
UK ministers must honour the international agreement they signed and put practical solutions ahead of ideological posturing.
They need to get back around the table with the EU as soon as possible and come to an agreement that protects jobs, livelihoods and the Good Friday Agreement.
And they must act in good faith to repair the UK’s reputation as a trading partner.
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