The UK’s internal market and the Northern Ireland Protocol.

The NI Protocol includes clear statements to protect the integrity of the UK internal market, including the principle of the ā€œimportance of maintaining the integral place of NI in the UKā€™s internal marketā€ and ā€œboth use best endeavours to facilitate trade between NI and other parts of the UKā€. No sensible person can interpret this to mean other clauses can be used to stifle GB/NI trade and place it all under EU rules interpreted with a damaging construction . Nonetheless the EU wishes to enforce clauses relating to the importance of its single market in ways which violate these important safeguards and are against the spirit of the Agreement. The extra powers of the EU over GB/NI trade in the Agreement relate only to goods at risk of moving on to the Republic. These are a small minority of the traded goods, and can be identified and policed by the UK.

The EU may try wrongly to refer any attempt by the UK to control its own internal market between NI and GB to the Joint Committee or the ECJ. The UK asserted its sovereignty by leaving the EU and the EU agreed that our sovereignty would be restored. If they will not agree sensible and proportionate arrangements applying EU rules to just those items which are sent to NI from GB in order to go into the Republic ā€“ or over goods sent by NI to the UK for onward despatch to the EU ā€“ they are in breach. In that case the UK should assert that we will implement the Agreement by controlling all goods movements that are our internal market items in our way as before, and will do a good job identifying onbound products for the EU where of course we will apply their rules and procedures.

It is completely unacceptable that the EU thinks it can control all trade within a significant portion of the UK, and revert any disagreements with us to its own court for adjudication. That expressly overturns the restoration of sovereignty which both sides saw was the point of Brexit. Some actions of the EU damage legitimate UK internal market trade into Northern Ireland, possibly in the hope that they can substitute EU exports to NI via the land frontier.

The UK should also make clear that there is no such thing as a sea border. The barrier or border they wish to create is on land at Northern Ireland ports and airports so it is a border on the island of Ireland. The UK does not need new physical barriers at the land frontier between the Republic and NI. It has long been a complex border with electronic arrangements to handle excise, VAT and currency differences between the two jurisdictions prior to Brexit. Any post Brexit additional requirements can be handled in a similar way. The UK will of course implement the controls on trade destined for the EU in good faith.

157 Comments

  1. Peter Wood
    April 15, 2021

    Good Morning,

    The UK Government, and you also Sir John, persist in expecting reasonableness and pragmatism from the EU bureaucracy; this is NOT there intent. When, since Cameron first went to the EU to try to obtain something, anything, that would improve our relationship, has the EU behaved in anything but an arrogant, overbearing and downright rude manner towards the UK?

    Why is this, simply because they have no ‘skin in the game’. The EU bureaucracy will continue on whether or not trade is good or bad between the UK and EU. (They will continue as long as Berlin agrees to keep paying) We need to change our stance and prepare for either, a lot more belligerence, or find a way to terminate our current arrangements on the ground that our trade ex-EU is larger and better for us. We could have made these preparations from 2016, but we didn’t.

    1. agricola
      April 15, 2021

      Yes Peter, the EU is a cancer on the body politic of Europe. Realisation is slowly dawning within.

      1. bill brown
        April 18, 2021

        agricola

        We are the one’s not implementing what we agreed with teh EU in the fist place and the EU has never wanted a border between NI and the Republic, this is fake news from Sir JR.

    2. nota#
      April 15, 2021

      @Peter Wood – I just wonder, the EU negotiators stated at the outset there is no deal until everything has been decided. While the EU’s trade with the UK has been in part been sorted, the UK’s trade with the EU hasn’t (banking finance etc). Unlike the UK Parliament the EU has yet to ratify what is so far in the Trade Agreement or the NI Protocol. Logic says for all the huffing and puffing there is NO deal on anything.
      Then again in practice and continued ‘stupid’ Governments in the UK just haven’t yet seen that delays is the EU’s weapon to cause surrender.

    3. MiC
      April 15, 2021

      Your idea of “reasonableness” appears to be a relic of the British Empire, that is, foreigners, wherever, should accept that whatever the English might want would be reasonable by definition, and therefore quietly and compliantly accept it and submit.

      That is plainly as ridiculous as it is outdated.

      1. Know-Dice
        April 15, 2021

        Reasonableness might be outdated, but it is still used in English law…

      2. agricola
        April 15, 2021

        Reasonableness is not a word the EU would recognise.
        I would be happy if Boris got up and said that as the EU have failed to ratify the agreed terms, everything is off the table and WTO terms are the only way we will trade with them. This nonesense has dragged on for well past its sell by date.

        1. Dennis
          April 15, 2021

          ‘… if Boris got up and said that….’ Quite, so the only question now to be answered is why not? Without him saying that and proceeding on that there will be no movement. It seems there is no one, including JR, who can or will ask him.

      3. Peter2
        April 15, 2021

        Do you think it reasonable MiC that supermarket owned lorries,coming from from the UK and taking goods to Northern Ireland supermarkets need to be held up at port of entry for inspection checks.

        1. Dennis
          April 15, 2021

          Reasonable? Yes of course if that is what Boris agreed to! He and his advisors must have thought it was reasonable – that is the quality of our government.

          1. Peter2
            April 16, 2021

            Dennis,
            There is absolutely no need to delay supermarket lorries from the UK delivering replenishments to their own supermarkets in Northern Ireland.
            Plainly these goods are not going to be driven into the Republic of Ireland.

        2. Andy
          April 15, 2021

          It is, of course, madness that supermarket lorries should be stopped. But this is what the Northern Ireland Protocol means. This is the deal negotiated by Johnson and Frost.

          Those of us who read it were appalled at what the Brexitists has signed us up to. But most people did not read it and Johnson took his deal to the public in the December 2019 general election under the slogan ā€˜Get Brexit Done.ā€™ The Withdrawal Agreement and the Northern Ireland Protocol were the oven ready deal he told you to vote for. And most of you did vote for it – even though most of the country did not.

          Virtually every Tory MP then went on to vote for the deal – many hadnā€™t bothered to read it. All but around half a dozen opposition MPs – of every other party – voted against it.

          So the people to blame for this mess are not Remainers. It is not Labour to blame. Or Theresa May. Or the EU. This is YOUR deal. A Brexitist deal. It is an awful deal for our country. You should apologise to those of us who told you how bad it would be for what you have done.

          And ignorance is not an excuse. I read the withdrawal agreement and I am not an MP. I am not a Tory voter. I knew what you were all voting for. Why did none of you?

          1. Anona Mause
            April 15, 2021

            The real reason for this are the abnormal arrangements that were in place prior to the Lisbon Treaty. Where else in the world do two sovereign countries not have a proper border ? Where else has a country had an agreement foisted upon it to mitigate the threat of terrorism? The only reason we have this mess is because of the Common Travel Area and the Belfast Agreement? Add to that Northern Ireland voted to remain (so have got what they wanted) and have the power to end this situation in 3 years or so time (and I won’t dwell on the reality that Northern Ireland receives by far the highest per capita spend of any part of the UK as well). So let’s put the blame where it roundly sits. Northern Ireland want their cake and eat it and the UK once again has bent over backwards and still its not good enough. At some point the rest of the UK has to ask the question how long do we put up with the Irish problem?

          2. Peter2
            April 15, 2021

            It the EU that us being unreasonable andy.
            No need for checks on goods heading fot NI supermarkets coming for distribution centres of the same supermarket companies in the UK.

            No amount of flannel from you can alter that.

          3. MiC
            April 16, 2021

            They – brexittory voters – didn’t read it because they have probably in many cases read little else either in their lives.

            Doesn’t explain their MPs, mind you.

        3. MiC
          April 16, 2021

          It’s entirely reasonable if the UK Government have signed an agreement saying that exactly that will happen, Peter.

          Next?

          1. Peter2
            April 16, 2021

            It is quite plain that EU officials are applying the rules in a provocative and unnecessary manner.
            They are playing us up.
            You know that MiC just as well as I do.

          2. a-tracy
            April 16, 2021

            Do you know why goods that are going between an English company and their Northern Ireland office – none food – requires paperwork created with the trader support system (TSS), Customs number both for the UK and N Ireland, then that number is required to create a GMR and that is linked back to the shippers unique tax number even though nothing is billed. The TSS is also required to produce a safety declaration (for paperwork) which forms part of the shipment reference number for the GMR. These TSS and GMR then have to be provided to the ferry company before you can board you also have to make entries on the customs systems for the UK and N Ireland (system used Beams -v- P&O) then they log the entries for you if you have all of the above. Now tell me why moving paperwork with no charge, no value between an office in the UK and an office in Belfast the EU requires all of this other than just absolute belligerence?

            However, now it is there we should do the same to the EU and Ireland coming into the UK or it wonā€™t stop and will carry on getting worse creating headlines when people donā€™t understand what is going on. WHY did Boris agree to an extension to the end of June for the EU Imports and then subsequently a further extension John? This needs to stop šŸ›‘ Your government canā€™t just affect British companies.

      4. The Prangwizard
        April 15, 2021

        I don’t share many of your views MiC but I do agree with you on this one. They have a inbred arrogance.

        We are no longer a world leader, neither moral military or economic and the world knows it but Tories who consider themselves an elite delude themselves otherwise and we come out as losers. The consequence is that ordinary people are the sufferers when they are ignored and their policies and behaviours fail.

        1. Peter Wood
          April 15, 2021

          You are entirely correct in your analysis of the arrangements; it’s a terrible deal. This confirms my contention; it should have been a GOOD deal for both parties, a useful contract to maintain and enhance trade flows. It was not because the EU bureaucracy didn’t want to agree principles, confirming their posture as a malign adversary to the UK.

          PS, We are, supposedly, being offered ‘alignment’ again; EU speak for ‘ you follow our edicts without question and shut-up’. They still don’t comprehend Brexit.

          Eurostar – under no circumstances should we offer funding for Eurostar; the French can ask for all the money needed from the ECB/Recovery Fund. If it goes bust, then perhaps we’ll bid for the assets. UK based personnel will/are supported by the state in the normal way.

      5. Fred.H
        April 15, 2021

        yawn.

      6. Peter Gardner
        April 16, 2021

        MiC, you seem not to understand that the issue is laws applicable within the UK. There is nothing arrogant or unreasonable about expecting British laws made in Parliament to apply in Northern Ireland. It is totally unreasonable of the EU to expect its laws and regulations to apply in and to be enforced on the UK. That is imperialism.

    4. Andy
      April 15, 2021

      You voted to have worse trade with Europe. You have got what you voted for. Stop whining.

      1. a-tracy
        April 15, 2021

        People didn’t vote for worse trade with Northern Ireland Andy whilst giving free trade completely to the EU into the UK.

        1. MiC
          April 15, 2021

          Well, it’s quite clear that your brexittories value trade between England and the European Union more than they do between it and NI or the integrity of the UK union, isn’t it?

          And you voted for them.

          So own the consequences.

          1. Fred.H
            April 15, 2021

            brexittories – – now there is a word, or is there such a word?

        2. Grey Friar
          April 15, 2021

          They absolutely did, tracy. The whole point of the Protocol is to put up a border between GB and NI so there isn’t one between NI and the EU. You might not like that, you might not have understood that, but that was EXACTLY what the ovenready deal was and EXACTLY what the British people voted for in the 2019 election

        3. a-tracy
          April 15, 2021

          Grey, 1. Iā€™m not that bothered about the protocol personally. I think we need to deal with it now Boris has signed up to it. There are ways this could be made easier for British traders and there must be a will to do it by the GB government. Help our exporters to get the paperwork ready for free, drop the freight ferry charges to Northern Ireland for all goods going only into Northern Ireland, find out what has put up deliveries from 2 -5 days and sort it out. Then finally put the same paperwork and customs restrictions on trade from Ireland and the EU into GB and on their lorries driving through the UK, we need to stop taking all this šŸ’©. If Boris doesnā€™t sort this then someone will come along who will. In the meantime if our politicians donā€™t sort it out British people to support our own interests will have to punish S Ireland and the EU by stop spending our money with them and finding alternatives.

      2. Peter2
        April 15, 2021

        Nice to see the deficit in trade with the EU falling since January.

      3. Original Richard
        April 15, 2021

        Andy, leavers voted to be able to influence our laws and policies (trade, fiscal, taxation, energy, environmental, foreign, military, immigration etc.) through retaining the right to elect and remove those who make these decisions.

        Unfortunately the initial implementation of the withdrawal from the EU was in the hands of a pro-EU PM and Parliament who did everything they could to overturn the democratic vote and to put us in a dreadful negotiating position.

        So if we have ā€œworse trade with Europeā€ then it will be down to remainers’ efforts.

        1. Andy
          April 15, 2021

          Not so. It is entirely the fault of you Brexitists. The useless trade deal was negotiated entirely by Johnson and Frost. The Northern Ireland Protocol was negotiated by Johnson and Frost.

          Your deal is lousy. It is your Brexit. But worst all all is the deal. It is the utter gutlessness of you Brexitists to own your own mess.

          I guess it must be embarrassing for you all to be entirely to blame for inflicting such a total and utter failure on our country.

          1. X-Tory
            April 16, 2021

            To blame all Brexit supporters for the treachery of one man – Boris Johnson – is irrational, stupid and just displays your hate-filled prejudice.

            If you are feeling unwell and decide to go to the doctor, but the idiot misdiagnoses you and gives you the wrong medicine, are you to blame? Should you not have gone to the doctor?

            The fact is that we have ALL – the entire country – been betrayed by Boris Johnson. Blame him, and the Conservative MPs who continue to support him and thus allow him to get away with his betrayal. But you cannot blame ordinary Brexiteers.

      4. Anona Mause
        April 15, 2021

        Europe is a stagnant declining trading zone whose resources are largely exhausted. They are not a good future bet for trade. As such that impact of Brexit on EU in the medium to long term was secondary. That we are now free to trade with the rest of the world without being weighed down with the demands and prejudices of 27 other nations is what I voted for and that’s what we have got. Frankly I don’t care what trade we have with the EU in the longer term (not Europe as the EU do not speak for the whole of Europe). The EU have made it very clear that they are not our friends and are unwilling to deviate from their despotic project so as far as the EU is concerned ‘give unto the EU what belongs to the EU’ and we will go our own way.

    5. bigneil(newercomp)
      April 15, 2021

      Peter, I remember someone from the EU saying “Mr Cameron can ask for whatever he wants – We will just change it back again the following day”. That said very clearly their intentions towards the UK. It has not changed.

    6. glen cullen
      April 15, 2021

      Your comment are succinct and an accurate description of the current events

  2. Ian Wragg
    April 15, 2021

    The protocols should never have been agreed. Brussels is now suggesting that we should sign up to dynamic following of EU standards to satisfy the problems.
    This of course would make us a colony and negate the Brexit vote.
    The same is happening with financial services, they don’t want to grant equivalent status, they want us bound by their rules.
    The people are watching and any capitulation will be dealt with at the ballot box.

    1. agricola
      April 15, 2021

      The EU is up s..t creek without a paddle and the political crocodiles within the EU itself are amassing. Members are, for numedous reasons, begining to ask why are we here. The main opposition parties in Germany and France are advocating leave never mind many of the dependant countries in which there is growing hostility.
      Do our financial services wish to be the sticking plaster to this bubble. My solution is sit back, enjoy the theatre, but do not get involved in this ride to hell in a handcart. They will blame their implosion ln the UK having the effrontary to leave. As with vaccines they will look for scapegoats anywhere but within.

      1. Fred.H
        April 15, 2021

        The fan might be slow starting up, as with other EU determined judgements, but with impetus when the shit hits it a right mess will flow in all directions.

    2. Cortona
      April 15, 2021

      My understanding is that we allow EU financial services to continue to operate as before here in the UK while they wonā€™t reciprocate. Would love to know if thereā€™s a good reason for this? Unless we play their game we risk losing too much of our valuable financial services industry to the EU so any insights on this please Sir John?

      1. nota#
        April 15, 2021

        While the EU has not agreed/ratified any sort of EU/UK trade deal – they the EU Commission can do as they please until the UK surrenders and accepts their rule.

    3. MiC
      April 15, 2021

      They were and you voted for them.

      Own your mess.

    4. Andy
      April 15, 2021

      Who you gonna vote for them? Farage? Oh wait. Heā€™s another rat whoā€™s fled the sinking HMS Brexit.

      1. Anona Mause
        April 15, 2021

        Farage has retired for two reasons. Firstly Brexit is done bar the shouting on way or another (the EU will continue to behave this badly purely out of bloody mindedness like the scorned partner that they are and we should accept that and largely I think have apart from the necessary diplomatic posturing). Farage has fulfilled his political objectives and give his part in it his retirement is fully deserved.

        Secondly, I think now he has fulfilled his primary goal he no longer has that hunger for politics and who can blame him. He never was much of a domestic politician and politics almost killed him in 2010. Combine that with the outrageous abuse of the mindless left and I’m sure now he has far less to offer having fulfilled his dream he has decided he is ‘better off out’ of the fray

    5. Mike Wilson
      April 15, 2021

      @Ian Wragg

      The people are watching and any capitulation will be dealt with at the ballot box.

      Alas, that is not the case. Who will you vote for? Labour? LibDem? Green? What other choice? Local nutter? You and a few others not voting Tory, for once, will make no difference at all.

    6. Dennis
      April 15, 2021

      Why would any voting changes at the next ballot box change anything re the UK/EU relationship?

  3. Len Peel
    April 15, 2021

    Sammy Wilson and other DUP MPs made all these points in Parliament and voted against the Protocol. But you voted for it! Now over a year later your crying crocodile tears. Its not very convincing, is it?

    Reply I said it would not work and was told they were negotiating it out. When they did not I did not support the final deal.

    1. agricola
      April 15, 2021

      Reply to reply.
      None of us doubt your sincerity SJR. We are however not happy that a UK government should agree a Protocol that was designed as a political wedge within the UK. Nor that a Parliament should endorse so obvious a time bomb. Naivity, stupidity, herd instinct, or a belief in the goodwill of the EU. Whatever, it will cost the CP and the UK dearly if grip is not applied.

    2. Sir Joe Soap
      April 15, 2021

      Reply to reply
      Yes, but your party as the government agreed to it. It was never going to work and will never work in any sense when a false border is placed within a sovereign country (note that word “false”).

      If an old lover comes in to the house I share with my wife and demands that we occupy separate bedrooms and she will sleep in my wife’s bedroom to police the matter, that also won’t last. There would be missiles thrown but in the end the old lover would be thrown out.

    3. Lifelogic
      April 15, 2021

      Indeed to Len and the Reply indeed & so what is the best way out of this dangerous N/I hole?

      1. a-tracy
        April 15, 2021

        Lifelogic, a full check on all goods sold into Northern Ireland from the rest of the UK needs to be done since January – and a report on which goods can’t go and why. For every item that is refused we must put barriers in place on EU imports of the same item and if the government can’t do it tell the British public what the items are. How many of the items needed special certification, once products have got this certification does it endure for six months, a year or is it on every item? We shouldn’t play along with these silly games and we need more information.

      2. Lengy
        April 15, 2021

        Good question. It is one that needed an answer back in 2016. Leave never produced one. Instead it peddled fantasies about a pain free Brexit where we hold all the cards. Not like that, is it? Thereā€™s no way out (Short of rejoining the EU). Blame the peopke who sold you Brexit without a plan

    4. Ian Wragg
      April 15, 2021

      Reply to reply, you can see the thinking behind Mays backstop, the EU would never have agreed to any solution hence we would have been tied to the single market and customs union for ever.
      That at least got removed.
      The EU are refusing to ratify the trade agreement just like with Canada.
      Always playing dirty. Its time we did the same.
      How many Irish trucks are we delaying to check their contents. None I bet.

      1. hefner
        April 15, 2021

        IW, ā€˜None I betā€™, not sure, but the Stena Line truck traffic between RoI and GB has been down by 42% for January/February, the one directly between the RoI and continental Europe up by 102% (BBC, 04/03/2021 Chris Morris, Why Irish freight trade is avoiding Britain).

        1. Peter2
          April 15, 2021

          I never understood why goods from the Republic of Ireland destined for countries in the EU first travelled into the UK.
          It seems far more efficient to go direct.
          I’m sure you would agree hefner.

          1. Denis Cooper
            April 15, 2021

            Great Britain is described as the “landbridge” and there was concern that it might affected.

        2. Original Richard
          April 15, 2021

          Hefner, as someone who lives in Kent, Iā€™m very happy to learn that more trucks are travelling directly between RoI and continental Europe as this will cut down the traffic and hence pollution and damage caused by these trucks on Kentā€™s roads and reduce the number of trucks queueing on the Kent side the next time the French have an internal dispute resulting in the closure of the English Channel.

        3. a-tracy
          April 15, 2021

          So what Hefner, StenaLine isnā€™t British profits arenā€™t kept in the UK, if it takes hundreds if not thousands of Irish trucks off our roads not paying ved – good. The problem with only quoting % is the starting points of the S Irish routes into France were poorly used, have you got the actual number of trucks and in which direction?

      2. nota#
        April 15, 2021

        @Ian Wragg – my understanding is that the Belfast Agreement was good enough for the EU side until the UK’s own Civil Servants and Mrs May suggested another tier, presumably to keep the whole of the UK under the EU Commissions thumb in hope that one day we would repent and want to return.

      3. Denis Cooper
        April 15, 2021

        By Marcus Fysh MP on March 9 2019:

        https://brexitcentral.com/i-told-straight-brussels-eus-alternative-backstop-customs-union/

        “Michel Barnier hinted at it on Friday night, but the Irish delegation told me straight in Brussels on Thursday: they will never agree a subsequent agreement or variation to the Withdrawal Agreement which replaces the backstop that is not a customs union. Whether that is for the whole UK, or Northern Ireland on its own with a full customs border in the Irish Sea, is up to us, according to Barnier. As Patsy in Absolutely Fabulous might have said: ā€œCheers. Thanks a lotā€.

        From our International Trade Select Committee meetings in Brussels last week, in particular with the UK and Irish delegations, a crystal clear picture emerged of where we are in the negotiations and what lies ahead if Parliament is so foolish as to approve the Governmentā€™s capitulation to the EU in the Withdrawal Agreement. It would absolutely not be taking back control of our money, borders and laws.”

    5. Denis Cooper
      April 15, 2021

      As I recall Boris Johnson said that the problems with the withdrawal treaty would be ironed out in the next treaty on trade and other aspects of the future relationship, and my reaction was that this would put us in the position where we more or less had to accept whatever the EU chose to offer for the next treaty. Because even if we walked away from the negotiations for that further treaty and defaulted to the existing WTO treaties we would still be left with the problems built into the first treaty, and as I have been reminded they would include the defective Irish protocol creating a hard border between Northern Ireland and Great Britain.

  4. agricola
    April 15, 2021

    Why are we still talking about it. Point out to the EU that they have no jurisdiction over internal UK trade and that NI is part of the UK.
    Establish that all direct trade with the EU designated as Ireland will be conducted Fishguard/Dublin as the only sea route or by air. There may be goods sent from England, Wales, or Scotland that acqire added value from processing in NI., no problem, these are exports from the UK to the EU and require whatever documentation is necessary.
    Those who wish to run VAT tax scams on the border can be dealt with by the law in either jurisdiction.
    Anyone in the EU who cannot see this is acting for malicious political ends. Likewise if they wish to refer it to the ECJ, that is their talking shop, we the UK should not get involved in any way as we are no longer part of the EU.

  5. Newmania
    April 15, 2021

    If you do not want an Irish Sea border then there has to be a border between Northern and Southern Ireland , you remember, the magic one that was both there and not there. When we decided we wished to be a third country in our dealing with the EU we decided we would have a border, its not that complicated . Theresa May would not carve up the UK , Boris John agreed that he would. If you don`t like it you should not have done it !

    1. Denis Cooper
      April 15, 2021

      “If you do not want an Irish Sea border then there has to be a border between Northern and Southern Ireland”

      With or without “an Irish sea border” there is “a border between Northern and Southern Ireland”, it is an international frontier which will always be there unless and until it is agreed that the north should become part of the Irish Republic; but I will help you out by supposing that in both cases you mean a border with customs checks and controls, and then I will ask you why do you think that such checks and controls can only take place at a border? Because we are enemies, like East Germany and West Germany?

      Here is a former Director General at the EU Commission and two professors of law disagreeing with you:

      https://verfassungsblog.de/an-offer-the-eu-and-uk-cannot-refuse/

      “An Offer the EU and UK Cannot Refuse”

      The question is why neither Theresa May nor Boris Johnson were interested to explore their plan.

    2. agricola
      April 15, 2021

      I do not like it and played no part in this silly political game. There is a de facto border between the UK and the EU on the island of Ireland. Operate it electronically for goods. If the EU don’t like it they can set up whatever border erections they wish in Eire.
      I would point out that trade between Eire and the UK is miniscule. If it ceased tomorrow nobody would notice and the EU would carry the blame.

  6. Richard1
    April 15, 2021

    Sounds like it needs to go to arbitration. Either that or just set it aside and let the EU go itā€™s court – which will obviously find for the EU. Itā€™s then likely the EU will apply ā€˜punitiveā€™ tariffs. As we know from numerous cases, including Trumpā€™s on China, this is always and everywhere a self-defeating measure. When that happens the U.K. should take a view as to whether itā€™s worth retaliating.

    More important is to explain to others around the world that the EU is in breach of the protocol and is trying to stir up ancient enmities in NI for perceived political advantage.

  7. None of the above
    April 15, 2021

    Is our Government waiting for this legal action threatened by the EU so that it can present itā€™s case to the ECJ?
    Is it trying to maintain the mythical moral high ground?
    Damage is being done every day, What are we waiting for?

    1. X-Tory
      April 16, 2021

      Yes, when there is a problem, you solve it. Right away. You don’t just let it linger. The government could solve this problem TODAY. They just need to tell the border staff – THEIR OWN STAFF, remember – to stop making any checks. They could therefore solve the problem immediately. The fact that they don’t proves that they simply do not care. And that’s what’s most upsetting and infuriating. The British government does not care about Britain. Shameful. Utterly shameful. And that’s why I cannot support the Conservatives any longer.

      1. glen cullen
        April 16, 2021

        Agree

  8. Narrow Shoulders
    April 15, 2021

    My desire to leave the EU was always driven by our own implementation of the rules imposed by the EU. While other countries disregarded those rules or directives which did them harm the UK embraced and gold plated everything to our disadvantage.

    Your article above shows that we continue to do so. Our civil service and ministers need to get away from their ivory towers and discover competitive advantage. Scour agreements for the sections that benefit us and gloss over the rest.

    The checks on goods going into Northern Ireland are one way – again our disadvantage and the EU is not encumbered checks. Your suggestion that we assume all goods going to Northern Ireland are for consumption in Northern Ireland unless declared otherwise seems the way forward.

    Trading standard in both the EU and the UK will ensure there is no contraband in much the same way as before.

  9. George Brooks.
    April 15, 2021

    Peter Wood is absolutely right Sir John, and it is about time we stopped explaining and started telling the EU how the agreement will be implemented. They are intent on punishing us for leaving and will continue to do so until they realise that they doing a pretty good job in creating a ‘Singapore’ on their own doorstep.

  10. BJC
    April 15, 2021

    All the while the UK government gives the EU the power to treat us as a colony, they will do so. The Agreement might give us theoretical powers, but they’re worthless if the government doesn’t have the confidence or ability to use them.

  11. Alan Jutson
    April 15, 2021

    The Eu still want control over us, one way or another.

    Its up to our politicians to simply refuse any efforts to do so, this so called Irish problem is not a problem, its a bloody farce, sort it out !

    We either control our own affairs or we do not, simples.

    1. Jim Whitehead
      April 15, 2021

      A.J. ++1

    2. Beenthere
      April 16, 2021

      AJ.. the EU has no interest in us except only so far as we don’t infringe their rules. We don’t have to trade with them if we don’t like- so let’s see the alternative that Liz Truss has lined up- alas I think I’ll be waiting

  12. nota#
    April 15, 2021

    NI Protocol includes clear statements to protect the integrity of the UK internal market

    The EU Commission will not permit that, its their Laws, Rules and Regulations that must dominate. It is clear for the EU Commission the UK and its people have to be punished, punished hard until they submit. To stop others wishing democracy.

    What the EU Commission cant permit is a free sovereign democratic state on their door step. The fear for these unelected, unaccountable officials is that if the people anywhere get the right through their own governments to pass their own laws, amend and repeal those laws through a democratic process – it will be the start of the end of their own dictatorial position

  13. nota#
    April 15, 2021

    As there is no agreement from the EU on anything to date, just talks and ideas on how they will rule the UK. Isn’t it about time the UK Government accepted what the UK people asked of them that the WTO is the proper and formal way to trade with them.

    The NI Protocol is not a barrier to getting on with things, the People of the Island of Ireland have more security from the Belfast Agreement than they could ever have in something emanating from Brussels.

  14. Nig l
    April 15, 2021

    A sensible person would ask why are the words in one part so diametrically opposite to another part and why did our negotiators accept a wording that gave the EU such leverage and why, apart from wise words from you/the ERG was Boris and his MPs so keen to sign up to something so patently flawed?

    And why are they now all sitting on their hands hoping it will go away?

    Nonetheless in your intro it you are being as selective as them, why should your view carry and more weight than theirs? I wish it would but blame Lord Frost etc for accepting such ambiguity.

    And now he is at it again and from puff pieces in the newspapers I fear a sell out. Good article this morning from an Irish diplomat suggesting an independent Anglo/Irish agreement to be presented to the EU as a fait accompli.

    In the meantime you will have to accept the Tory party being tarnished as the one that sold NI out, denied it and ā€˜liedā€™ about it.

    1. Denis Cooper
      April 16, 2021

      Well, this is something I posted on November 4 2019:

      https://johnredwoodsdiary.com/2019/11/04/speaker-election/#comment-1068659

      “Off topic, I am sorry to see Steve Baker attacking Nigel Farage:

      https://www.telegraph.co.uk/politics/2019/11/03/nigel-farage-risks-becoming-man-threw-away-brexit-warns-senior/

      I reluctantly came to the view that ERG members should hold their noses and vote for Theresa Mayā€™s rotten deal, and I have now come to the view that when Labour condemn Boris Johnsonā€™s deal as worse than hers it is not empty party political rhetoric.

      Here are the last two lines of a letter I have sent to our the Maidenhead Advertiser, pointing out that it was his alienation of the 10 DUP MPā€™s that swung the Saturday October 19 Commons vote in favour of Letwinā€™s wrecking amendment:

      ā€œEven Theresa May had more sense than to do what he has done, however much he tries to cover it up with ever more extravagant adjectives to describe the fruits of his negotiation with the EU ā€“ ā€œgreatā€, ā€œexcellentā€, ā€œfantasticā€, and so on.

      On March 2 2018 she correctly stated that it would be unacceptable to ā€œā€¦ break up the United Kingdomā€™s own common market by creating a customs and regulatory border down the Irish Seaā€, but that is what her successor agreed to do.ā€”

      And a preceding line in the letter anticipated that we would be “distracted by a general election that will do nothing at all to rectify the fatal flaws in the Irish protocol”, which has proved to be the case.

  15. Sea_Warrior
    April 15, 2021

    I applaud your position but now want decisive action from No 10. This morning, on R5L, one NI businessman made the point that since the NIP came into force, his import costs have gone up markedly and the lead-time for importing from GB had gone up from two days to five.

    1. a-tracy
      April 15, 2021

      Sir John, the EU aren’t going to sort this out it was agreed to by the majority in our parliament. Perhaps you could liaise with this Northern Ireland businessperson on R5L and find out precisely what has pushed his import costs up from GB and what has caused the increase in lead-time and sort it out, either lower the costs of freight shipping this year and if it is paperwork delaying three days then how can it be speeded up.

    2. nota#
      April 15, 2021

      @Sea_Warrior, so trade inside the UK is now being stalled, disrupted and discouraged. Wasn’t that the whole point when Mrs May introduced it and isn’t it now being used by the EU to punish the people of the UK

      1. a-tracy
        April 15, 2021

        Nota# we need to determine precisely who are the U.K. businesses being punished, how, what we can do to sort out the paperwork quickly, free and easy and get it done instead of flailing around after Boris government and our parliament signed up for it whilst telling the people it wouldnā€™t put a border up in the Irish Sea. Well the border is at the port in GB, if we sort out this 3rd Country paperwork into N Ireland then these people can export into the EU too. It isnā€™t right, and even more so that Boris has just extended terms for the EU to sort out their customs paperwork and restrictions into the UK. Just keep getting this message out all the time, just what goods exactly, precisely are getting stopped going into Northern Ireland so the British public can respond if our bl**dy government wonā€™t!

  16. nota#
    April 15, 2021

    It might seem off topic, but given the MsM is reporting that Senior Civil Servants have been taking paid external jobs from what appears people trying to gain lobby style influence over Government and the People. It is not that big a jump to suggest that as the bulk of the establishments higher echelons preferred the security of their master in the EU they could also be complicit in creating these ever endless traps that have been set for us to stay tied in some form or another to the EU.

    No wonder the people don’t believe or trust the system any more.

    1. Denis Cooper
      April 15, 2021

      No doubt some civil servants had a hand in obstructing Brexit, but most of the damage was done by elected politicians. The unelected Lords mainly decided that they would not invite abolition of their chamber, but there were elected MPs who refused to accept the result of the referendum and did whatever they could to delay and disrupt the process. And there were those like Theresa May who publicly claimed to have accepted the result but behaved as though they were on the side of the EU just as much as they were on our side, if not more so. From a letter printed in our local paper on November 15 2018:

      https://johnredwoodsdiary.com/2018/11/13/the-pound-bounces-around/#comment-972913

      “… our Prime Minister Theresa May does not see her role in the Brexit negotiations as being on our side working for our national interests, but more to act as a kind of intermediary to strike compromises between the interests of the UK and those of the EU … “

  17. Christine
    April 15, 2021

    We know Boris capitulated over NI when he dropped the clause in the UK Single Market Bill and allowed the statement that it would never be reintroduced, to be added to the Withdrawal Agreement. What happened to Goveā€™s statement that he had a way of solving the border issue?

    Now we see unrest in NI, the very thing that the protocol was supposed to avoid.

    Letā€™s hope the court case, currently being heard, judges it illegal.

  18. MiC
    April 15, 2021

    So if John thinks that the European Union are being unreasonable – by expecting the UK to do what it expressly agreed to do – then in which court exactly does he think that the UK should dispute the matter?

    I thought that he was opposed to global jurisdictions of any kind anyway?

    1. jon livesey
      April 15, 2021

      The FTA has its own conflict resolution mechanisms. If you knew anything about Brexit you would know that.

  19. GilesB
    April 15, 2021

    Make each of the Northern Ireland seaports:

    Ballycastle.
    Belfast Harbour.
    Londonderry Port.
    Port of Larne.
    Portrush Harbour.
    Warrenpoint Harbour

    a Freeport. Goods going South can be transported from there. Other goods can go directly to Northern Ireland factories, farms, homes, shops and warehouses. Make it clear that it is goods going South that get delayed and that the border is in the island of Ireland.

    1. Sir Joe Soap
      April 15, 2021

      Make the whole island of Ireland a freeport.
      It was the obvious answer from day 1.

  20. Lifelogic
    April 15, 2021

    Excellent pieces in the Spectator today too:- What we can learn from Britainā€™s rationing mistakes
    MATT RIDLEY and Rod Liddle How Iā€™ll remember Shirley Williams.

  21. William Long
    April 15, 2021

    I am afraid your final sentence hits on the nail of what is wrong with this agreement: the UK negotiated, signed it and intended to impliment it in good faith, while the EU did not. It signed up to it with the cynical intention of implimenting it in whatever way it thought would suit its interests best.

    1. Fred.H
      April 15, 2021

      ‘in good faith’ now there is an expression worth thinking about!
      Did all those thousands of new Labour members act in good faith with Corbyn being elected?
      Did all those MPs act in good faith after Ref 2016?
      Did the members of the Supreme Court act in good faith regarding the ruling Government?
      Did all those Tory MPs act in good faith with keeping May then Johnson in power?
      Did all those millions of Remainers act in good faith after the majority decision of Ref 2016?
      answers on the back of a postage stamp, please.

      1. glen cullen
        April 15, 2021

        Strange that with so much ā€˜in good faithā€™ around the place, that so many of expected wishes of the majority of votes didnā€™t materialise despite ā€˜good faithā€™

  22. Everhopeful
    April 15, 2021

    When dear Johnson decided to unleashed a totally draconian and cruel regime upon us, he just DID it. If he wanted to stand up to the EU and sort out NI he would.
    Look at what he is planning to do to our entire lives with the greencrap. Wham bam!
    He shut the sacred borders for goodness sake.
    The political classes do exactly as they wish with huge efficiency, always. They just change the narrative ( lies) to explain the inconsistencies.
    Handwringing is part of the pantomime. ( sigh….Ā£5k fine for thee but we canā€™t stop the dinghies).
    I would never be surprised if Johnson turned round and told us that weā€™d never left the EU…not really!

    1. Jim Whitehead
      April 15, 2021

      +1

  23. ukretired123
    April 15, 2021

    You would think the EU concerned themselves with Russia tanks on the opposite end of their border rather than trying to make life difficult for historic allies ?
    Head in sand….

  24. Nig l
    April 15, 2021

    And in other news, a very pleased with himself Minister for Investment announced support for leading edge battery technology investment. All I can find is about Ā£40 million in support.

    In France they are investing Ā£6 billion in hydrogen technology and infrastructure and Germany similar. Our government refuses even to accept hydrogen has a future in automotive production. A one way street to nowhere?

    Similarly France and Germany have Ā£4 billion each going into battery production.

    So Ā£20 billion against our Ā£40 million. Wow. Maybe Mr Grimstone should look less pleased with himself and try harder.

    1. agricola
      April 15, 2021

      I have pointed this out before. Around the begining of the 20th century as cars emerged ,the UKs government insisted in law that a man walk in front of any moving car waving a red flag. The insistence on all electric vehicles is that self same red flag. Government is as dumb today as it was 120 years ago.
      Result, the european vehicle industry was born in France and Germany and the answers to none polluting vehicles will again come from Europe. Not because UK engineering is lacking but because the country is directed by PPEs and lawyers. You would not believe it.

    2. glen cullen
      April 15, 2021

      Taxpayers money !!!

  25. Alan Jutson
    April 15, 2021

    Off todays topic, but not new.

    I see your posting of April 8th about Lobbying not being much of a story, is now becoming rather a larger story JR.
    Not only do we have investigations about ex Prime Ministers, we are now getting into Senior Civil Service members, and other Ministers possible involvement.
    Cameron does not appear to see a problem, because he is clearly not aware of his privilege of past position at being able to contact people direct at a high level in Government, senior Ministers included, to push his thoughts, ideas and requests. Something the average person would find absolutely impossible to do.

    1. Everhopeful
      April 15, 2021

      I donā€™t know.
      Old, puerile rivalries cast very long shadows.
      And now, as PM, Johnson has the upper hand!
      A tussle over a piece of paper indeed.
      And as seen in that infamous photo…they think they rule the world.
      Notice…no care whatsoever for The Party.

      Is Johnson dissing vacs so he can imprison us again? Economy not fully destroyed?

      1. Jim Whitehead
        April 15, 2021

        +1

  26. Andy
    April 15, 2021

    Brexitists again blame everybody else for the embarrassing failure of Brexit.

    You were warning about Northern Ireland. You knew best. You were warned about the huge damage to multiple sectors or the economy. You knew best. You were warned about the loss of freedom for our children. You knew best.

    It will be our children who hold the public inquiry. The Brexitists who are still alive will be forced to explain why they thought they knew best. Many of them are not going to have the peaceful retirement they hoped for. Still, at least we know they canā€™t flee to Spain.

    1. Sea_Warrior
      April 15, 2021

      Did you see VdL in action yesterday? All of those vaccine doses being procured by your beloved EU will be distributed to the EU nations on the sole basis of population size.

    2. DavidJ
      April 15, 2021

      Perhaps you would be happier in the EU given your obvious enthusiasm for it.

    3. Peter2
      April 15, 2021

      Andy in full Dave Spart mode.
      Hilarious as usual.

      1. Fred.H
        April 15, 2021

        I often find it rather sad. Best to move on, nothing rational to see here…

    4. jon livesey
      April 15, 2021

      The “huge damage” which consists of some rather petty obstructionism by the EU over less than one percent of total UK trade.

      Oh, and I almost forgot, one ham sandwich confiscated at a French port.

  27. Lifelogic
    April 15, 2021

    Cut stamp duty permanently says the OEDC. Indeed a hugely damaging tax. Alas Sunak has just announced it is going up by up to Ā£25K per property.

    1. Mike Wilson
      April 15, 2021

      Cut stamp duty permanently says the OEDC. Indeed a hugely damaging tax.

      No, no, no. Do anything to reign in the ludicrous housing market. My youngest lad is looking for his first home. Ā£400k for a 2 bed terrace with no room for wardrobes in the bedrooms. Take the ability to create money out of thin air and lend into the housing market away from the banks.

      1. Lifelogic
        April 15, 2021

        A stamp duty cut would help him and the seller and encourage more supply of properties. Also better for him if he want to trade up latter. Turnover taxes on houses are hugely damaging & at up to 15% they are obscene.

        1. Mike Wilson
          April 15, 2021

          No. The recent stamp duty cut, entirely predictably, sent house prices up.

          Stamp duty down = house prices up.

          Stamp duty up = market goes quiet, prices harden, then go up again.

          Young people cannot win.

  28. ChrisS
    April 15, 2021

    Your piece is sensible and the kind of interpretation that any reasonable person would accept as such.

    Unfortunately as our negotiators should have know from bitter experience, they were not dealing with sensible people of good will. The sole intention of the overall mandate given to Barnier was to make life as difficult as possible for the UK.

    The Irish Protocol was developed with the active cooperation and complicity of Varadkar and designed to encourage, as far as possible, the facilitation of a United Ireland. ( Without them giving any thought as to who would have to pay for it ! ). The EU gave no consideration to the effect on trade between NI and the rest of the UK and sadly, our negotiators failed to appreciate just what a trap they had walked into.

    We need to stick to our principles here and make the case firmly that we will not go along with their interpretation of the protocol.

    As for the suggestion that we slavishly align our entire agricultural and food policy across the whole of the UK with their rules, that has to be a non starter.

    1. DavidJ
      April 15, 2021

      Indeed.

  29. glen cullen
    April 15, 2021

    What was Gove and this government thinking ā€“ theyā€™ve effectively thrown away Ā¼ of the UK to EU to satisfy getting that oven ready deal in place before the deadlineā€¦.now Iā€™m reading about further negotiating Swiss style ?

    It would have been better to split the UK allowing NI to be independent rather than throwing them to the EU wolves, just as we throw Hong Kong to the Chinese wolves

    This government has created the conditions in NI, I am surprised there hasnā€™t been more rioting and decent over the imposed protocol

  30. Bitterend
    April 15, 2021

    There’s no point in talking about the spirit of the agreement- the agreement is the agreement. Also it’s hard for me to comprehend why sections of the NI politicals, DUP again, are so unhappy with the Protocol as they have the best of both worlds it seems- both the EU and the UK for trade and travel and all of that for a bit of inconvenience and paperwork- some people never stop complaining.

  31. None of the Above
    April 15, 2021

    Another thought? Perhaps the UK awaits the opinion of the ECJ in response to the EU complaint.
    What would be the odds on the ECJ finding for the UK? After all, it is the EU that is cherry picking elements of the Protocol while ignoring the articles guaranteeing the UK internal market.
    One might argue that, whatever the decision of the ECJ, the UK wins but why? If the court finds for the UK it means that the EU has applied the Protocol disproportionately, if it finds for the EU it means that the ECJ has demonstrated a reluctance to consider ALL Articles of a Treaty.
    Hoist by their own petard?

  32. Mike Wilson
    April 15, 2021

    I wonder if someone could explain, in plain English, what is actually going on regarding goods going in and out of N.Ireland.

    1. Denis Cooper
      April 15, 2021

      Northern Ireland remains part of the EU Single Market, while Great Britain is outside the EU Single Market, so the EU position is that goods entering Northern Ireland from Great Britain must be subject to the same checks and controls as goods entering Northern Ireland from say the United States or Japan or Bolivia or wherever. As unionists complain, for this purpose the rest of the UK is being treated as a foreign country.

      https://johnredwoodsdiary.com/2021/04/14/my-contribution-to-the-finance-no-2-bill-debate-13-april-2021/#comment-1222393

      Reply Only goods at risk of going on from NI to the Republic need extra checks. NI is meant to b e part of the Uk internal market as well as part of the EU single market.

      1. Len Peel
        April 15, 2021

        Oh dear Mr Redwood, you really havenā€™t read the Protocol, have you! The ā€œat riskā€ exception only concerns tariffs, not checks. Checks apply to ALL goods moved from GB to NI. You voted for it!

        Reply Not true

        1. a-tracy
          April 15, 2021

          Len, perhaps you can answer Mikeā€™s question, which goods need checks? Can you do a list?

      2. Mike Wilson
        April 15, 2021

        @Denis Cooper

        Thank you for the explanation.

        @John Redwood

        So, which goods are being ā€˜checkedā€™ and what does that mean in practice? Who determines if goods entering Northern Ireland from the rest of the UK are, or are not, destined for The Republic of Ireland? It seems to be a complete and utter mess.

      3. Denis Cooper
        April 16, 2021

        https://ec.europa.eu/info/relations-united-kingdom/eu-uk-withdrawal-agreement/protocol-ireland-and-northern-ireland_en

        “The Protocol contains a presumption that all goods entering Northern Ireland from a third country (i.e. from any other part of the United Kingdom or from other third countries) are at risk of moving on to the Union. Such goods may only exceptionally be considered ā€œnot at riskā€ of moving on to the Union, if the goods concerned are (i) not subject to commercial processing in Northern Ireland and (ii) fulfil additional conditions for being considered ā€œnot at riskā€ set out in the Joint Committee Decision on ā€œgoods not at riskā€. Where it is established, based on these conditions, that goods from any other part of the United Kingdom than Northern Ireland may be considered ā€œnot at riskā€, no customs duties are applicable; and where it is established, based on these conditions, that goods from any other third country may be considered ā€œnot at riskā€, the UKā€™s customs duties are applicable.”

  33. DavidJ
    April 15, 2021

    Boris was an idiot to sign any agreement with the EU; we should have simply left on WTO terms. I wonder what else is lurking in the bushes to disadvantage us?

    1. Beenthere
      April 15, 2021

      “What else is lurking…..”
      Not much- only the Scottish elections and then depending on results there could be a vote on independence- as I said not much

      Then with Scotland gone NI would also fall away – we will have finally succeeded in taking back control – it’s what a lot of us secretly wished for in 2016- it’s what this blog is about- Speaking for England

      1. jon livesey
        April 15, 2021

        Scottish independence consists of flying a flag and joining the UK. Nothing else changes. You might as well fret over your next door neighbour painting their front door a different colour.

    2. Jim Whitehead
      April 15, 2021

      +1

  34. X-Tory
    April 15, 2021

    Yes, the Northern Ireland Protocol should simply be an agreement to use intelligence-led policing to prevent smuggling of goods between Northern Ireland and the Republic (in both directions). YOU can see this, I can see this, and so can most people in Britain, so why doesn’t your government see this? I assume you have regular communication with Lord Frost – and maybe even Boris Johnson – either directly or through the whips or the 22 Committee or the ERG, so what pathetic excuse is the government making for not simply, unilaterally, immediately, changing the operation of the Protocol so as to remove the unreasonable and hated sea border that splits our country in two? Are we a free and sovereign country or aren’t we? And if this government is determined to continue to betray us and refuses to give us the freedom that we voted for and which it promised us, then why are you still supporting it?

    1. Grey Friar
      April 16, 2021

      X-Tory, the Northern Ireland Protocol is an agreement that there will be checks on all goods moving from GB to Northern Ireland in order to verify they meet EU standards (which prevail in NI). It is what was decided when the British people voted for the ovenready deal at the last Election. It’s over, it’s done. Stop imagining it is going to be changed. It isn’t. Start asking the PM why he accepted it

      1. Peter2
        April 16, 2021

        GF
        Are they going to stop every delivery and open every carton?
        Does the EU apply that rule to goods coming into thecEU from China or India?
        Do you really think a supermarket is going to try to smuggle goods across the border instead of replenishing their own supermarkets in Northern Ireland.
        Do you think a little common sense might be applied by EU officials?

  35. Malcolm White
    April 15, 2021

    If, Sir John, it is as you say then why has the current Government not told the EU to take a hike?

    Unless the EU have somehow placed customs officials at in bound ports to NI, it’s HMRC who are being insanely difficult in enforcing an unworkable protocol. To what end? To whom are they accountable?

    Given the circumstances, surely we should be able to unilaterally relocate the goal posts to somewhere within NI that’s away from the north south border, thus freeing trade between the UK and NI. Accepting, of course, that this will upset the EU Commission, but I doubt that few in the wider EU community will care very much.

    1. Denis Cooper
      April 15, 2021

      From Article 12 of the protocol:

      “1. Without prejudice to paragraph 4, the authorities of the United Kingdom shall be responsible for implementing and applying the provisions of Union law made applicable by this Protocol to and in the United Kingdom in respect of Northern Ireland.

      2. Without prejudice to paragraph 4 of this Article, Union representatives shall have the right to be present during any activities of the authorities of the United Kingdom related to the implementation and application of provisions of Union law made applicable by this Protocol, as well as activities related to the implementation and application of Article 5, and the United Kingdom shall provide, upon request, all relevant information relating to such activities. The United Kingdom shall facilitate such presence of Union representatives and shall provide them with the information requested. Where the Union representative requests the authorities of the United Kingdom to carry out control measures in individual cases for duly stated reasons, the authorities of the United Kingdom shall carry out those control measures.”

      1. glen cullen
        April 15, 2021

        no no no Denis Cooper, you must have the wrong document as no level headed PM would willing agree and sign that Article

        1. Grey Friar
          April 16, 2021

          Nor would any self respecting Conservative MP support it!

          (umm, all of them did)

  36. Denis Cooper
    April 15, 2021

    The latest on website of the Irish broadcaster RTE:

    https://www.rte.ie/news/brexit/2021/0415/1210099-brexit-northern-ireland/

    “Permanent facilities for Brexit checks at NI ports will not be ready ‘until 2023′”

    “The point of entry inspection points at ports including Belfast (pictured) are required under the terms of the Northern Ireland Protocol.”

    If that infrastructure was moved to the Irish land border nationalists would complain that it was a “hard border” and a threat to peace.

    1. a-tracy
      April 15, 2021

      Denis, Boris and Parliament have agreed to this protocol so it needs to be dealt with. Well why canā€™t the EU officials be on the vessels? Checking paperwork and destinations. Then we need to retaliate and stop just taking this lying down.

  37. kb
    April 15, 2021

    There is a UN Treaty which forbids using sovereignty as a bargaining chip in trade negotiations. Can’t recall the number of it unfortunately, but surely the NI situation would be found illegal in court under this treaty.
    The trade agreement is up for periodic review. At the next review turn up and say we are implementing a NI/RoI customs border and this is how we are going to do it. By that time you will have a new customs IT system up and running, as described by several experts.

    1. Original Richard
      April 15, 2021

      kb, You may be thinking of UN 3281 Article 32 which states :

      ā€œNo State may use or encourage the use of economic, political or any other type of measures to coerce another State in order to obtain from it the subordination of the exercise of its sovereign rights.ā€

      But even if the EU has signed up to this resolution you must remember the EU is not a “rules based organisation” as we have seen over its vaccine nationalism as well as the NIP.

      1. Lengy
        April 15, 2021

        The UK was not coerced to sign the Protocol. It agreed to do so! The last General Election was won on a promise to accept it, it is the oven ready deal,approved by Parliament!

        1. glen cullen
          April 15, 2021

          I believe its now time to distinguish between the conservative voting people and the government as theyā€™re been diverging since the last general election

  38. John O'Leary
    April 15, 2021

    “These are a small minority of the traded goods, and can be identified and policed by the UK.”

    Can they really though? We have never yet managed to kerb smuggling between NI and the Republic due to the differences in VAT, tobacco, alcohol and fuel tax rates

    1. jon livesey
      April 15, 2021

      Policing trade is not the same thing as controlling smuggling. Smuggling is a crime committed by people who violate agreements. Policing the agreements mean policing law-abiding actors.

      This isn’t strange. Regulators who control Banks are not the same people as the police who prevent bank robberies.

    2. Denis Cooper
      April 16, 2021

      https://johnredwoodsdiary.com/2021/03/23/a-new-framework-for-our-economy/#comment-1217593

      “… this recent report … about the seizures made by the Irish Revenue Commissioners during 202o … their total value came to less than ā‚¬0.1 billion … trivial in the context of the ā‚¬347 billion value of the Irish economy. Even if just leaving the land border open … did lead to increased smuggling it would be increasing from a very low base … the checks … carried out are not all at entry points … “

  39. jon livesey
    April 15, 2021

    Perhaps contrary to intuition, we should be wishing for the EU to initiate as many Court cases as possible over the NIP. If the EU Court and the FTA conflict resolution mechanisms produce rational rulings, then most of the NIP annoyances will go away in time.

    And if the rulings on the FTA and NIP are not rational and equitable then that raises questions over the entire WA and FTA, not to mention trade Treaties that the EU has with other states, and in the end will impact the EU’s reputation as a good faith actor.

    Our opinion of the EU could in time become the widespread view, and then the EU will have lost much more than it has gained by short-term obstructionism.

  40. agricola
    April 15, 2021

    Sir John, you have been a constant advocate of leaving the EU on WTO terms.
    We were told on 31/12/20 that we had an agreement or perhaps thought we had. It has since proved a bucket of worms.
    Many of the member EU states have failed to ratify said agreement. It seems likely that they are in no hurry to do so. Is it not time to remove our cards from the table and walk away to that WTO trade term situation, while at the same time ridding ourselves of all that adverse baggage we find impractical or unacceptable. What is your honest opinion.

    1. glen cullen
      April 15, 2021

      Forlorn Hope

  41. jon livesey
    April 15, 2021

    The numbers for Irish exports to the UK are out and they make grim reading. Not only are they down over 11% on the last year, but they are now lower than they were in 2011, ten years ago, at $12bn/m today versus $19bn back then.

    This isn’t going to fix itself, because Irish exports to the UK are largely agricultural, and thanks to Brexit the UK food import market is now open to major food exporters such as Australia, New Zealand and Canada, who are no longer excluded by EU external tariffs. It won’t be precisely true in detail, but a commonsense guess is that Irish exports will settle at about a third of the market – which is where they were before the UK entered the EU and became subject to its restrictions – versus more than half during UK EU membership.

    And Ireland, as an EU member, was fully represented when the EU27 came up with their common approach to Brexit, so you would have to say that this is what they voted for.

  42. steve
    April 15, 2021

    The RoI is hiding behind EU coat tails (very brave of ’em) to subtly make a grab for NI.

    But don’t expect anything from Johnson. He’d probably sell the Falklands out too if he had his way.

    In fact don’t expect anything from from him other than anti- motorist half baked green crap buffoonery.

  43. XY
    April 15, 2021

    I really want to see the UK government take a tough line on this. We really do not need a trade deal with the EU and if they actr as a belligerent entity then we don’t want one either.

    I would prefer to see us walk away from the entire thing, FTA & WA – and trade on WTO terms. We certainly must not, under any circumstances, accept any form of regulatory alignment. The EU has always planned this, the only solution appears to be to withdraw from the treaties.

    Another option is to bring forward the NI 4-yearly vote – if the NI Assembly can be relied upon to vote the protocol out of existence (however, relying on them for anything useful/sensible is dangerous).

    I can only hope that Johnson is currently biding his time, operating his usual MO – show the world what the other side are like, thereby assume the moral high ground when you take action. We’re at the point where he needs to take decisive action.

  44. Judith Cartwright
    April 15, 2021

    I live in NI and the reality is that raw materials like steel and wood are increasing in price weekly. I can no longer buy items from mainland UK either because suppliers are no longer willing to ship here because of red tape and unacceptable delays at the border or because ridiculous shipping charges apply.
    Pet shops are empty because every bag of dried dog food needs to be individually labelled and the whole consignment needs to be inspected by a vet. Garden Centres are empty because of the soil fiasco. These are just a few examples of my personal experience.
    This is all because the EU are supporting the south in their quest for a united Ireland and have weaponised the border issue. They are also punishing the UK for leaving. Our government needs to put an end to this and scrap the protocol, kick all the EU officials out and go WTO

    1. Grey Friar
      April 16, 2021

      Really interesting Judith, but your last paragraph isn’t quite right, so I corrected it for you. Here you go –
      “This is all because the Conservative Party put Brexit above the integrity of the UK and have ignored the border issue. They are also pretending that the natural consequences of the UK choosing to leave the EU are in some way ‘punishing’ the UK. Our government needs to put an end to this and scrap Brexit, kick out all the ERG folk who fought for Brexit without having a plan and go EU”

      1. Peter2
        April 16, 2021

        This is your fantasy GF
        It isnt Judith’s
        Nor the majority of people in the UK

    2. X-Tory
      April 16, 2021

      Gosh, I didn’t realise things were quite as bad as that. It is an absolute disgrace that the government is doing nothing to solve this, and that supposedly patriotic and unionist Conservative MPs are not up in arms about it. Lord Frost’s pathetic half-measures are obviously just window dressing.

      No other country in the world would place a border down the middle of its territory and allow another country to control part of its land, other than following a military invasion and defeat. But this Conservative government did so voluntarily. No wonder people are rioting. If I lived there I would be too!!

      1. Denis Cooper
        April 17, 2021

        https://en.wikipedia.org/wiki/File:French_State_1942.svg

        The French State in 1942:
        Unoccupied zone
        German military occupation zone
        French protectorates

  45. jon livesey
    April 16, 2021

    The European Parliament just ratified the FTA along with the NIP. The Irish MEP Barry Andrews noted that there have been two weeks of violence in Northern Ireland over the issue of the implementation of the NIP.

    Fortunately he has a solution, which is to “deepen the links between Belfast and Brussels”.

  46. Lindsay McDougall
    April 16, 2021

    We must stop pussyfooting around. There is no need for the Northern Ireland protocol and it should be scrapped, lock, stock and barrel. If the Republic of Ireland wants to inspect goods being exported to the Republic, whether from mainland UK or Northern Ireland, it must do so either in their ports or within the Republic away from the border. It’s their problem and the EU’s problem, not ours. Neither the Republic nor the UK want a hard land border in Ireland. Only the EU does, and if they can’t get it they support the Republic’s one hundred year old claim to annex Northern Ireland.

    Another thing: given the hostile, bloody minded attitude of the EU, why are we still making payments to it? Suspend the payments until they behave better.

    While we’re about it, the Good Friday Agreement is not worth a bucket of warm spit to Unionism. If Sinn Fein threaten to end it, the correct response is “Go ahead; make my day.”

    This Government and Prime Minister are deeply disappointing. We have theoretically acquired full sovereignty but are not in practice using it. In February 1974 and 1997, I voted to boot out Heath and Major. Maybe a hat trick will be needed.

    1. bill brown
      April 18, 2021

      Lindsay,

      Neither the EU nor teh Republic wish a hard border on the island, this is propganda from Sir JR and other Brexiters and is simply fake news. THe EU agreed with Johnson on a border in th Irish Sea which he suggested but has not implemented.

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