Just seven months after it came into force, the Northern Ireland protocol is once again a significant flashpoint in the UK’s relations with Dublin and Brussels. On Wednesday, the UK published a “command paper” on the protocol. Some will see it as an attempt to tear up the agreement Boris Johnson struck in 2019; others will see it as a serious attempt to fix a deal they argue was flawed from the beginning but signed to help the British prime minister to get Brexit done, as he had promised. Why is the paper being published now? The EU and UK recently agreed to extend talks over the implementation of the protocol until 30 September. This is an attempt by the Brexit minister, David Frost, to set the agenda before a summer of talks. What is in the paper? Removal of any role for EU institutions in enforcing the protocol The UK team proposes to rewrite large chunks of the protocol, including article 5, which covers Brexit checks including customs documents, and article 12, which relates to supervision and enforcement of the arrangements. This is because the UK wants to remove any role for EU institutions, including the European court of justice. Articles 6 and/or 7 may also have to be changed. The UK side says the involvement of the EU in policing the deal just “engenders mistrust and problems”. A standstill period to renegotiate In a “standstill period”, the UK proposes to continue with the partial implementation of the protocol but wants the EU to agree to stay its legal actions against the UK and park the grace periods. The UK argues the rolling deadlines create crisis after crisis and prevent both sides from getting to the “heart” of the issues.
Removal of customs checks and honesty box. The UK is also proposing the abolition of blanket customs paperwork for traders selling from Great Britain into NI. Instead, a “trust and verify” system, dubbed an “honesty box”, would apply, whereby traders would register their sales in a light-touch system allowing inspection of their supply chains.This would be accompanied by new legislation on penalties for non-compliance with the protocol. Those selling on to the republic of Ireland would continue with customs documents. Clear the path for restoration of fuss-free parcels and online shopping The UK believes the removal of customs barriers would also solve things for online shoppers who have either encountered weeks of delays trying to get goods delivered from GB or found that retailers simply won’t supply their area. Dual regulation The UK is asking for a new dual regulatory system whereby manufactured or sanitary or phytosanitary (SPS) goods can be sold in Northern Ireland as long as they meet “either UK or EU rules as determined by UK or EU regulators”. This is very tricky as it returns to the protections the EU sought in order to stop substandard goods getting into the single market via the back door of Northern Ireland. But it would get around the rules of origin barriers that render goods sold to NI from an EU state via England liable to tariffs. What about article 16? Lord Frost said the UK reserves the right to trigger article 16 and suspend the protocol, but says now is not the time as it believes an agreed deal is preferable. Is this an admission the protocol was flawed? Yes. Senior sources say it got the UK out of the EU “as one country”, but admit the difficulties over Ireland can be traced back to what they see as a flawed joint report signed by Theresa May in December 2017 that set the agenda on the Irish protocol. This now has to be addressed, they say. Did the EU and the US get advance warning? Both were briefed. The UK believes the fact it has not taken unilateral action in the past few months, acquiescing to repeated requests from the EU not to do so, shows they are behaving in good faith and expect the EU to reciprocate.