The Northern Ireland Affairs Committee has published a report on
the backstop and the implications of a hard border, in which it
concludes that a world-first technical solution to the Northern
Ireland border would be possible if all sides adopt a shared
position of trust and goodwill.
The Committee publishes this report as part of its ongoing
inquiry into the implications of the EU Withdrawal
Agreement for Northern Ireland. The report notes
that although the UK, Ireland and the EU agree there will be
no return to the border of the past on the island of
Ireland, disagreement over how to achieve it
has brought the negotiations to a standstill and increased
the likelihood of no deal or the possibility of not leaving at
all.
Technical solutions to the border
The Committee believes that a key obstacle to finding
a technical solution to the border is a lack of trust and
goodwill. However, “the balance of the evidence suggests
that such a solution is possible and that it could be
designed, trialled and piloted within the 21 month
implementation period.” But the Committee notes
that implementation of what have become known as alternative
solutions is not a simple, quick-fix but would
constitute a highly sophisticated “world first”, and
that it would be a substantial achievement.
Defining a hard border
The Committee perceives that the UK and EU have taken
different approaches to the stated joint aim of avoiding a
hard border. This may indicate a difference in overall
desired outcome from the Brexit process and also of what is
understood to be a hard border. The report stresses that,
ultimately, the UK and the EU must agree on a definition of
hard border. That would help to build trust and facilitate shared
understanding of what a future relationship, that can supersede
the backstop, could look like.
The Committee recommends the following steps to help
break the deadlock:
- · Amend
the Political Declaration to make it clear that the backstop
is intended only as a means of avoiding a hard border and that it
should not be interpreted as a given in negotiating the future
UK-EU relationship;
- · The UK
and EU should clarify their definitions of the
term ‘hard border’ by March 12 in order
to avoid misunderstandings around whether the backstop
protocol is needed.
Chair’s comment
Commenting on the publication of the report, Chair of the NI
Affairs Committee Dr Andrew Murrison MP
said:
“Time is running out to reach common ground. There
should be no attempt to use the border as a lever or as a way of
securing political advantage. Mistrust over the backstop protocol
has been heightened by lack of clarity on what exactly
constitutes a ‘hard border.’ My Committee is calling for
clarification of the term in a legally explicit way
to ensure both parties share the same understanding of how
the backstop can be avoided.
My Committee took good evidence to suggest that
technical and systems-based solutions to ensure the border looks
and feels as it does today are do-able but they require
trust and goodwill.”
The Northern Ireland Affairs Select Committee will continue to
take evidence on Brexit and the border and make further
recommendations.
