Brexit Brief Newsletter

13 April 2021

Welcome to the 13 April 2021 newsletter

The Northern Ireland Assembly was recalled last week to discuss the recent violence on the streets, which some have partly linked to the Protocol on Ireland/Northern Ireland. The UK Government has submitted a ‘roadmap’ on the Protocol to the EU: discussions between the EU and UK on its implementation continue. Several committees in the House of Lords and House of Commons have published reports relating to Brexit, scrutiny of EU-UK agreements, and common frameworks.

UK delivers ‘roadmap’ to Brussels

On 31 March, the UK delivered what it terms a ‘work programme’ to the European Commission, outlining its views on the implementation of the Protocol. Earlier in March, the UK Government announced it would unilaterally extend grace periods for the Protocol on Ireland/Northern Ireland. In response, the European Commission called on the UK to provide “a credible roadmap, with clear deliverables and milestones for the implementation of the relevant rules and requirements of the Protocol for which implementation is deficient or delayed”.

RTÉ reports that the ongoing “technical and political process” between the EU and UK is making some positive progress. Lord Frost and Maroš Šefčovič, the UK’s and EU’s lead negotiators on the matter, spoke by phone on Friday, and may meet this week. Discussions could result in a joint document. According to RTÉ, the view in the European Commission is that the roadmap or work programme demonstrates that “the UK [is] serious about implementing the Protocol”.

NI Assembly debates recent violence

The Northern Ireland Assembly was recalled from its Easter recess last week (8 April) to debate the recent violence on the streets. Justice Minister Naomi Long, who proposed the motion condemning the violence, noted that “there are many theories as to why this violence has erupted”. Regarding Brexit and the Protocol, Long noted that there have been “simmering tensions in parts of our community over the outworkings of Brexit.” She went on to say that, “We can work with business, government and the European Union to resolve the challenges around the operation of the protocol and focus on achievable solutions, such as a full veterinary agreement to mitigate the worst impacts and deescalate the disruption and tensions.”

Naomi Long addressing the Assembly during Thursday’s debate | Source: NI Assembly

Throughout the debate, several Members made reference to Brexit and the impact of the Protocol on Ireland/Northern Ireland. Joanne Bunting (DUP) said, “It is entirely possible to condemn the violence and yet still be frustrated at the annexing of Northern Ireland through the protocol, believing that this is not the Brexit for which you voted.” Roy Beggs (UUP) stated, “We have genuine concerns about the Northern Ireland protocol. The community has: this is not just politicians. Anybody who orders items on the internet will find that out.” Sinead McLaughlin (SDLP) said, “We can all accept that Brexit has, regrettably, reopened old wounds and has, indeed, sharpened all the lines and divisions that the Good Friday Agreement sought to soften around sovereignty, identity and borders. The SDLP hears and deeply regrets the feelings and frustrations of abandonment that are acutely felt in our unionist community.”

Stewart Dickson (Alliance), closing the debate, said “It is time to wake up to the Brexit reality. It is time to stop and let us move to a light touch on Brexit instead of lighting the blue touch paper on every occasion.” The motion was agreed.

Secretary of State visits NI

Secretary of State for Northern Ireland Brandon Lewis said he is “aware of the ongoing concerns from some in the unionist and loyalist community over recent months” and has “been engaging and listening to those concerns.” He emphasised that “the right way to express concerns or frustrations is through dialogue, engagement, and the democratic process, not through violence or disorder”. He flew to Belfast to speak with political leaders last week.

EU reaction

The EU Ambassador to the UK, João Vale de Almeida spoke to the Guardian on the matter. He said he understood that there is a “delicate and volatile situation in Northern Ireland”, and that the EU is “fully committed in a constructive way to find solutions for those problems” within the scope of the Protocol.

He said, referring to negotiations on the Protocol, “I can guarantee that from listening to those who negotiated – and Michel Barnier and David Frost were among them – I can tell you that they turned every stone to try to find alternatives to this protocol. No one came with a better idea – even those who attack the protocol today, who would like to see it scrapped, have no alternative to the protocol.” He said the focus should be to implement the Protocol and that the EU could seek to make it “even more flexible”.

The EU’s former Chief Brexit negotiator Michel Barnier tweeted to condemn the violence, stating his “full support for the authorities and political leaders in defusing tensions and restoring calm.” This sentiment was echoed by the European Commission’s spokesman who said “nobody has anything to gain from this.”

European Scrutiny Committee report

The European Scrutiny Committee has published a report which considers how the EU-UK Withdrawal Agreement Joint Committee can be scrutinised effectively, particularly in relation to the Protocol on Ireland/Northern Ireland. The report, published on 9 April, considers the decisions taken by the Joint Committee on 17 December 2020, noting that the Joint Committee “is of significant legal and political importance”.

It says information provided by the UK Government to Parliament about the decisions of the Joint Committee has been “incomplete and made available too late”. This has meant that proper democratic scrutiny has not been possible. The Committee calls on the Government to provide greater transparency around the Joint Committee meetings, including to publish minutes of meetings and detailed agendas. The Government’s analysis of EU legislation applicable to Northern Ireland (Explanatory Memoranda) should be provided in good time and with sufficient detail, before the UK-EU Committee takes any binding decisions. The Committee has welcomed the Government’s statements on the importance of parliamentary scrutiny of the new UK-EU relationship, but states that “without providing the attendant information that is necessary to facilitate meaningful engagement they are, however, at risk of ringing hollow.”

The Committee poses questions to Government in relation to managing ‘at risk’ goods, and the arbitration panel. Regarding the ‘level playing field’, the Committee says there is a discrepancy between the UK and EU’s interpretation of the state aid rules under the Protocol and asks the Government for an explanation for this. It states that it is “worrying that the extent to which such rules will continue to be binding on the UK under Article 10 of the Protocol are still interpreted very differently by the Government and the European Commission.”

House of Lords Committee news

• The Lords Liaison Committee in December recommended that a European Affairs Committee sub-committee on the Protocol on Ireland/Northern Ireland should be established this month.
• The Lords European Union Committee has published a series of reports on the EU-UK Trade and Cooperation Agreement, including on governance, trade in goods, and security cooperation. On the future of UK-EU relations, the Committee states that the Trade and Cooperation Agreement is a “starting point, not a final destination”. It contends that the UK Government will have to make difficult choices which “will demand trade-offs, between economic, political and constitutional considerations…there is no ‘free lunch’ in UK-EU relations.”
• The Lords Common Frameworks Scrutiny Committee published its first report, ‘Common frameworks: building a cooperative Union’. The Committee found “widespread support” for the common frameworks process and proposes that “the collaborative approach of common frameworks should be used as a model to reset UK intergovernmental relations and build a cooperative Union.” The report also considers the implications of the Protocol on Ireland/Northern Ireland in relation to the common frameworks.

Other news

• A new group, the ‘Trade and Business Commission’ has been established to independently scrutinise the UK’s trade deals. The body is made up of MPs from all political parties, business leaders, and economic experts. Its members include Northern Ireland MPs Claire Hanna(SDLP), Stephen Farry (Alliance), and Paul Girvan(DUP); and Director of the NI Retail Consortium Aodhán Connolly.
• Michel Barnier, who led the EU’s negotiations with the UK since 2016, gave a speech at the Churchill Europe Symposium on his final day (31 March) at the European Commission. He said finding common ground with the UK on how to achieve a solution to deal with the “specific situation of Northern Ireland” was not easy, but that “the EU was tireless in its efforts” and “listened to concerns in Ireland, Northern Ireland and across the UK”. He said it is now “of utmost importance that it is thoroughly applied by each party… it is important that both the EU and the UK live up to their commitment; that they explain their commitment to NI.”
• The UK is looking for expressions of interest from suitably qualified individuals to appoint to lists of arbitrators and expert panellists for the dispute settlement mechanisms in the EU-UK Trade and Cooperation Agreement.
• The Government has written to medicines and medical product suppliers to give an update on work to ensure continuity of medical supplies to the UK following Brexit and the end of the transition period. The letter notes that import controls have been postponed for several months according to the Government’s revised timetable on EU-GB imports. From October 2021, there will be increased SPS controls, and full import controls come into force in January 2022. From May, suppliers of medical devices to Northern Ireland will have to comply with the Medical Device Regulation in accordance with the Protocol. The Department of Health and Social Care is “aware of the challenges” to supply into Northern Ireland from next year and is working to address this.

This Week at the Assembly

• Tuesday 13 April, 11am – Plenary - Question Time: Agriculture, Environment and Rural Affairs; Economy
• Wednesday 14 April, 10am - Committee for Infrastructure - Northern Ireland Local Government Association & SOLACE NI - Briefing on EU Successor Funding in Northern Ireland
• Wednesday 14 April, 2pm - Committee for The Executive Office - First Minister and deputy First Minister - Oral Briefing; Implementation of the Protocol on Ireland/Northern Ireland (Article 2(1)) - NI Human Rights Commission, Equality Commission NI, Irish Human Rights and Equality Commission
• Thursday 15 April, 9.55pm – Committee for Agriculture, Environment and Rural Affairs - Withdrawal of DAERA and Local Authority Staff from Ports - oral evidence; EU Exit legislation; Written Briefing from DAERA - EU Transition Update
• Thursday 15 April, 2pm - Committee for Justice - UK Financial Services Bill - Update