The EU should show ambition and bring forward proposals that help
deliver “significant change” to the Northern Ireland Protocol,
Minister for the Cabinet Office, , will say in a speech to the
diplomatic community in Lisbon on Tuesday (12 October).
Speaking in the capital of Britain’s oldest European ally, will reflect on the state of the
UK-EU relationship now that the dust has largely settled after
Brexit. He will set out the opportunities for both parties
in a better UK-EU relationship and will underline that the
Government would like to put things on a better footing.
But he will note that an amended Northern Ireland Protocol is a
pre-requisite for this. Genuinely good relations will be
difficult if the EU insists on maintaining current trading
relations in Northern Ireland, which now seriously risk
undermining the Belfast Good Friday Agreement and the peace
process.
Ahead of the Commission’s response to the UK’s July Command
Paper, expected on Wednesday, will commit to studying any EU
proposals carefully and as positively as possible, and to
beginning intensive talks very soon. Equally he will make
clear that endless negotiation is not an option and that the UK
will need to act using the Article 16 safeguard mechanism if
solutions cannot be agreed rapidly.
He will note that any solution must go far beyond the sausages
(chilled meats) issue and deal with fundamentals such as the role
of the European Court of Justice (CJEU). A sustainable new
Protocol cannot provide for disputes to be settled in the courts
of one of the parties without any normal checks and balances.
Issues that arise in the sensitive context of Northern Ireland
need to be dealt with in a pragmatic way, using mechanisms normal
in all other international Treaties.
Finally, will note that he is sharing
with the Commission this week new legal text codifying these and
other proposals in the Command Paper. This will demonstrate that
the government is ready to quickly implement a new agreement if
one can be reached. The text will reflect the fact that – in
contrast to 2019 – there is now a far-reaching trade agreement in
place between the UK and the EU, within which Northern Ireland’s
future trading arrangements should now be situated.
is expected to say:
“No one should be in any doubt about the seriousness of the
situation. That is why we are working to reflect the
concerns of everyone in Northern Ireland, from all sides of the
political spectrum, to make sure that the peace process is not
undermined. The EU now needs to show ambition and willingness to
tackle the fundamental issues at the heart of the Protocol head
on.
“The UK-EU relationship is under strain, but it doesn’t have to
be this way. By putting the Protocol on a durable footing, we
have the opportunity to move past the difficulties of the past
year.
“I am sharing a new legal text with the Commission, reflecting
the proposals in our Command Paper, which provides the foundation
for a new forward-looking Protocol that will govern the trading
relationship between the UK and EU as far as it affects Northern
Ireland, and which will support, not undermine, the Belfast (Good
Friday) Agreement.
“The Commission have been too quick to dismiss governance as a
side issue. The reality is the opposite. The role of the European
Court of Justice in Northern Ireland and the consequent inability
of the UK Government to implement the very sensitive arrangements
in the Protocol in a reasonable way has created a deep imbalance
in the way the Protocol operates. Without new arrangements in
this area the Protocol will never have the support it needs to
survive”.
A UK Government source said:
“Whether they’re in London, Dublin, Brussels or Belfast, nearly
everyone now agrees that Protocol isn’t working as it
should. That is a big change from the start of the year and
we are glad the Commission is now working on solutions. The
real question now is whether the EU are prepared for the scale of
changes needed.
“We will look carefully and constructively at whatever proposals
the EU bring forward. Our negotiating teams are ready to work
intensively and rapidly to try and find a solution, and we expect
to be doing so very soon. The prize on offer is a stronger
UK-EU relationship which is focussed on the future.
“But tinkering around the edges just won’t work. If the EU can’t
show ambition and agree significant changes to the Protocol, we
will have to use Article 16 to make sure arrangements are in
place that do safeguard the Belfast (Good Friday) Agreement and
the peace process”.