Boris Johnson set a collision course with Brussels and his Remainer colleagues tonight with the publication of legislation to repeal the Brexit rules for Northern Ireland.
A new Bill, presented to Parliament this evening, aims to repeal key parts of the Northern Ireland Protocol, including the creation of a check-free ‘green channel’ for goods from the rest of the UK and the removal of control from the European Court of Justice.
It would also ensure that Westminster’s VAT changes apply to the province, allow for state subsidies, and give ministers broad powers to cancel more of the divorce terms later if necessary.
The government claims the move is legal because there is a well-established ‘doctrine of necessity’ for amending treaties if they are causing serious harm.
Foreign Secretary Liz Truss argued that rather than ‘picking a fight with the EU,’ she is bringing forward ‘practical solutions’ to protect the Good Friday Agreement.
According to aides, Brussels has refused to update Vice-President Maros Sefcovic’s negotiating mandate, implying that there is currently no hope of breaking the impasse.
Ms Truss insisted that the UK was open to further talks with Brussels, but noted that the EU had’refused to change the Protocol’ so far.
Following the publication of the Bill, Brussels retaliated quickly, warning that it would consider resuming legal action against the UK.
This had been put on hold since September of last year while the Protocol was being negotiated.
Mr. Sefcovic also hinted at the possibility of more legal action and a broader trade war with the United Kingdom.
He insisted that the Brexit divorce deal, which included Northern Ireland arrangements, was a “pre-condition” for the new EU-UK post-Brexit trading relationship to be established.
The EU ‘will not revise the Protocol,’ the Brussels official reiterated recently.
Along with the Bill, the government released a legal statement tonight explaining why the action did not violate international law, as well as a 10-page document outlining the Protocol’s “problems and solutions.”
The Prime Minister had already risked inflaming the row by implying that the Protocol revision is’relatively minor.’
Mr Johnson suggested that following through on threats of economic retaliation would be a “overreaction” by Brussels.
It will most likely take some time for the legislation to become law.
The House of Commons is expected to vote before the summer, but the House of Lords will be more resistant.
If the Government is completely blocked by peers, it will have to use the Parliament Act to invoke MPs’ supremacy, which can only be done when a year has passed.
In other news from tonight:
Even before the wording of the legislation was available, the ERG group of Tory MPs declared it would not give quick support to the measures, causing a setback for government.
Instead, Eurosceptics will convene a ‘Star Chamber’ of politicians and lawyers to examine the proposals line by line;
A majority of Stormont Assembly MLAs have signed a joint letter to the Prime Minister expressing their opposition to the legislation;
The Government is publishing a’solutions’ document alongside the law, outlining how it believes the standoff can be resolved.
The Government’s legal position on the Protocol row was outlined in a document released alongside the Bill tonight, which stated that the ‘doctrine of necessity provides a clear basis in international law to justify the non-performance of international obligations under certain exceptional and limited conditions.’
‘In international law, the term “necessity” is used to legitimately justify instances where a State’s sole means of safeguarding an essential interest is the non-performance of another international commitment,’ it continued.
The UK’s ‘vital interests’ included the’maintenance of stable social and political circumstances in Northern Ireland,’ according to the government.
The strain the Protocol’s arrangements are putting on institutions in Northern Ireland – and, more broadly, on socio-political conditions – has reached the point where we have no other way of safeguarding the essential interests at stake than through the adoption of this legislative approach, according to the PM’s spokesman.
According to sources, the Bill serves as a “insurance measure” in the event that the EU is unable to amend its negotiating mandate.
Labour has accused the government of breaking the law, and there have been signs of opposition inside the Conservative Party, with some MPs distributing a memo saying that the proposal would be extremely detrimental to the party’s reputation.
Today, a former No10 aide advised Conservative critics to keep their mouths shut, claiming that the EU is searching for a “excuse to just stay still and hope to deal with another PM.”
‘It’s hard to oppose this Bill without contributing to it,’ Nikki da Costa remarked.
Meanwhile, the important European Research Group (ERG) of Tory Brexiteers has refused to give the Bill its immediate assent.
Instead, Eurosceptic MPs will meet their ‘Star Chamber’ of politician lawyers, led by senior backbencher Sir Bill Cash, to examine the proposals line by line.
‘Just as they did with the original Withdrawal Agreement and the subsequent Trade and Co-Operation Agreement, the Star Chamber will now examine this new Bill, line-by-line, to ensure that it is not only legally sound but fully restores the sovereignty of UK law in Northern Ireland, as an integral part of the United Kingdom,’ ERG chairman Mark Francois told the Telegraph.
Northern Ireland Secretary Brandon Lewis is said to have told the DUP that the legislation will not be implemented until the DUP agrees to restore power-sharing at Stormont.
As part of its continued protest against the Protocol, the DUP has obstructed the creation of a new power-sharing government in Northern Ireland following last month’s elections.
Sir Jeffrey Donaldson, the DUP’s leader, gave the Bill a cautious welcome tonight at Westminster.
‘We will surely read the Bill with interest,’ he said.
‘However, I believe we are finally seeing the kind of action needed to begin the process of reducing trade barriers within the UK and restoring Northern Ireland’s role within the UK internal market.’
Sir Jeffrey emphasised, though, that he was ‘not under any pressure’ to resume a power-sharing government with Sinn Fein at Stormont right once.
‘Just publishing the Bill isn’t going to solve anything,’ he noted.
‘However, it is a crucial step, which we recognize, and what we want to see now is the Bill moving forward in Parliament.’
‘Of course, as the Bill proceeds, we’ll think about what that implies for devolution in Northern Ireland.’
Mr Johnson defended his government’s actions this morning, calling them “the correct path ahead.”
‘What we have to respect – and this is key – is the balance and symmetry of the Belfast/Good Friday Agreement,’ he told LBC.
‘We must recognize that in Northern Ireland, there are two traditions, or at least two ways of looking at border issues.’ One community is currently quite dissatisfied with the way things are going and feels very alienated.
‘All we have to do now is fix it.’ It’s quite straightforward to execute, but it necessitates a bureaucratic change.
‘In the broad scope of things, it’s a rather minor set of tweaks.’
Mr Johnson refuted charges that the action violates international law, claiming that “our higher and prior legal commitment as a country is the Belfast/Good Friday Accord, and to the balance and stability of that agreement.”
A trade war, according to Mr Johnson, would be a ‘gross overreaction’ by Brussels.
‘All we’re trying to do is simplify things,’ he added, referring to the removal of economic barriers between the United Kingdom and Northern Ireland.
The PM added that retaliating with trade restrictions would be “preposterous” because “all we are trying to do is have some bureaucratic simplifications between Great Britain and Northern Ireland.”
Michelle O’Neill, the Stormont leader of Sinn Fein, accused Mr Johnson of acting in a “disgraceful” and “absolutely reckless” manner that “does nothing to serve the interests” of people in Northern Ireland.
‘Boris Johnson’s action is illegal; regardless of the details, he is in clear violation of international law,’ she added.
‘He signed an agreement, he signed on the dotted line, and now he’s legislating to break that international agreement,’ says the author.
Ms. O’Neill claimed that the Prime Minister was causing more insecurity and instability in Northern Ireland.