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Brexit minister ‘to announce marked changes to protocol’

‘Command Paper’ covering core issues could heighten tensions between UK and EU


Sir Jeffrey Donaldson. Credit: Peter Morrison

Sir Jeffrey Donaldson. Credit: Peter Morrison


Mary Lou McDonald . Credit: David Young

Mary Lou McDonald . Credit: David Young


Maros Sefcovic. Credit: Stefan Rousseau

Maros Sefcovic. Credit: Stefan Rousseau


Sir Jeffrey Donaldson. Credit: Peter Morrison

The Government is set to warn EU leaders it will move away from agreed Brexit deal terms unless it gets more flexibility over the Northern Ireland trade arrangements.

Brexit Minister Lord Frost is reported to be preparing to announce a significant change to the so-called Northern Ireland Protocol, according to the Reuters news agency. The announcement due tomorrow could further jeopardise strained relationships between the UK and the EU.

Irish officials say they are aware that Lord Frost will tomorrow unveil a Brexit update referred to as a “Command Paper”, and this will span a range of core issues. These include animal, plant and food checks, customs and VAT arrangements, treatment of manufactured goods, Northern Ireland trade with Britain, state aid rules and an expected criticism of the EU stance.

Reuters cited sources in Brussels and London as saying the Brexit Minister is expected to threaten to invoke Article 16 of the Northern Ireland Protocol which allows either party to take unilateral measures if applying the protocol “leads to serious economic, societal or environmental difficulties that are liable to persist”. The threat would increase tensions between the sides as efforts are being made to use extended grace periods due to end in October to find more lasting compromises. Attitudes are hardening in Brussels and key EU capitals with a view that London did this deal late last year, and it now has international treaty status which must be honoured.

DUP leader Sir Jeffrey Donaldson said yesterday it was time EU leaders admitted the protocol “has failed” and is creating “very substantial trade problems”. He was speaking after a virtual meeting with EU Commission vice-president Maros Sefcovic, and he told the BBC “both the UK government and the EU must now renegotiate”.

"The barriers and distortion to trade within the UK internal market brought about by it must be swept away and not replaced," he added.

However, Sinn Fein president Mary-Lou McDonald said any thought of changing the protocol is "fanciful", adding it is "here to stay".

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Irish Foreign Affairs Minister Simon Coveney also yesterday held talks with Mr Sefcovic, who heads the EU Brexit delegation. His spokesman said he would see what Mr Frost says later this week before making any comment — but Mr Coveney has consistently said London must honour its obligations and the EU can help with an effective application of the rules.

Both Dublin and Brussels are determined that there can be no reopening of the Northern Ireland Protocol or the Brexit deal which was finally done last Christmas Eve and some of which took effect on January 1. There have been a series of disputed extensions to grace periods on detailed rules.

Yesterday Lord Frost said the element of the Brexit deal which relates to trade with Northern Ireland is not sustainable and Britain is keeping all options on the table over how it might act.

“We all know the protocol is not sustainable in the way it’s working at the moment,” he told a parliamentary committee, saying barriers on goods moving between Great Britain and Northern Ireland needed to be removed. All options are on the table.”

Since the UK left the EU on January 1, Prime Minister Boris Johnson unilaterally delayed the implementation of some provisions of the protocol and Lord Frost has said the protocol is unsustainable. Lord Frost is insisting on a bespoke veterinary deal based on equivalence which would remove the need for controls on goods crossing from GB to Northern Ireland.

The Government is arguing there should be a more flexible approach to agri-food rules to limit the impact on everyday lives, and will spell out clearly what the options and risks are. The 1998 Good Friday Agreement guaranteed an open Irish land border to help safeguard peace, free trade and travel on the island.

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