Brexit Brief Newsletter

19 April 2021

Welcome to the 19 April 2021 newsletter 

Lord Frost and Maroš Šefčovič met on Thursday evening in Brussels to address outstanding issues relating to the Protocol on Ireland/Northern Ireland.  European Parliament Committees have recommended that the Parliament approve the EU-UK trade deal. A new sub-Committee on the Protocol has been established in the House of Lords. The Executive Office Committee heard from the First Minister and deputy First Minister, as well as representatives from human rights and equality organisations. The Committee for Agriculture, Environment and Rural Affairs continued its inquiry into the withdrawal of staff from ports.

Frost and Šefčovič meet to discuss Protocol

Lord Frost, Minister of State in the Cabinet Office, met European Commission Vice-President Maroš Šefčovič on Thursday evening in Brussels. Following the meeting, Frost said the intensive discussions between the chairs of the Specialised Committee on the Protocol on Ireland/Northern Ireland “had begun to clarify the outstanding issues, and some positive momentum had been established”. However, he said that “a number of difficult issues” remain and there should be “intensified contacts at all levels in the coming weeks”. He reiterated the UK’s commitment to working through the Withdrawal Agreement bodies and said that solutions have to be consistent with the Belfast/Good Friday Agreement and ensure minimum disruption of everyday lives in Northern Ireland.

David Frost (left) watches as Prime Minister Boris Johnson signs the EU-UK Trade agreement | Source: Number 10/UK Prime Minister

According to the European Commission’s statement, the meeting was held “in a constructive, solution-driven atmosphere”. It said the teams were given a “political steer for the technical-level discussions” which should intensify over coming weeks. Maroš Šefčovič insisted that “mutually agreed paths towards compliance are key for the full implementation of the Protocol”. Šefčovič stated that “the implementation of the Protocol is a joint endeavour, which leaves no space for unilateral action” and insisted on “mutually agreed paths towards full compliance with the Protocol, which includes clear end-points, deadlines, milestones and the means to measure progress.”

Šefčovič said the EU’s legal action against the UK for “breaching the substantive provisions of the Protocol, as well as the good faith obligation under the Withdrawal Agreement”, will be continued as long as necessary. Earlier in the week it was reported that the UK has asked for more time to respond to the EU’s legal action.

The pair agreed to engage further with business groups and civil society in Northern Ireland and another round of outreach will be organised within the next two weeks.

European Parliament Committees approve EU-UK trade deal

On Thursday, the European Parliament Foreign Affairs (AFET) and International Trade (INTA) Committees agreed to recommend that the Parliament’s plenary approve the EU-UK Trade and Cooperation Agreement. The rapporteurs of the Committees made reference to ongoing issues around the Protocol. Andreas Schieder, rapporteur of AFET said, “all progress could be lost, if the UK continues to unilaterally breach the Withdrawal Agreement and the Protocol on Northern Ireland. We look forward to a workable plan on the implementation of the protocol and to being involved in the implementation and scrutiny of the agreement”. Christophe Hansen, rapporteur of the INTA Committee, said, “greenlighting the agreement also means expanding our arsenal of legal tools and leverage to continue pressing for a full and pragmatic implementation of the Withdrawal Agreement and its Protocol, the importance of which was underscored by recent events in Northern Ireland”.

The EU-UK Trade and Cooperation agreement is currently being provisionally applied until 30 April. The European Parliament’s Conference of Presidents has not yet set a plenary date for the ratification of the agreement. The body meets on Thursday.

Brandon Lewis makes statement in Commons

On Tuesday in the House of Commons Brandon Lewis, Secretary of State for Northern Ireland, made a statement on the recent disorder in Northern Ireland. In relation to the Protocol, he said, “We all remember that the protocol is there and in place because of the unique circumstances of Northern Ireland. We have got to make sure it works in a good, fluid and flexible way.” He said the Protocol “has to be something that is acceptable to the Unionist and loyalist communities as well”.

Brandon Lewis speaking in the House of Commons | Source: UK Parliament

Jeffrey Donaldson (DUP) asked Lewis what he would do “to replace this protocol with something better that restores Northern Ireland’s place fully within the internal market of the United Kingdom”. Lewis responded by saying that “Lord Frost is working through the correct established bodies—the Joint Committee and so on—with our partners in the EU to come to and work out a proper, long-lasting solution in terms of the challenges around the protocol.”

Colum Eastwood (SDLP) said he is “disappointed by the lack of any acceptance of culpability” from the UK Government “in respect of how they have dealt with the Brexit issue from the start and how they have not been honest with the Unionist population in Northern Ireland”. He asked why the UK Government will not convene the British-Irish Intergovernmental Conference. Lewis said he has faith in the Northern Ireland Executive and Ministers “to do their work to deliver for the people of Northern Ireland”.

New sub-committee on the Protocol established

A new Sub-Committee on the Protocol on Ireland/Northern Ireland has been established in the House of Lords. It sits under the Lords European Affairs Committee, and is tasked with considering all matters relating to the Protocol, including scrutinising EU legislation applying to Northern Ireland under the Protocol, and the Protocol’s overall impact on Northern Ireland. The Committee meets for the first time in private session on Wednesday. Its members include Lord Dodds (DUP), Lord Empey (UUP), Baroness Ritchie (SDLP), and Baroness O’Loan, former Police Ombudsman.

Question time at the Assembly

The matter of fish was discussed at Question Time in the Assembly on Tuesday 13^th April. Minister for Agriculture, Environment and Rural Affairs, Edwin Poots said his department has been working on a number of issues relating to fish being landed in NI ports. Poots said he “was not happy” with the deal on fish initially agreed by the Prime Minister and the EU. He said the fish quotas would be revisited in 2025. He stated that the additional quota for Northern Ireland “did not give us the uplift that we would have wanted, albeit we have, on average, a 10% uplift across the fleet”. He went on to say, “in that respect, fishermen are considerably better off after Brexit, but it could have been much better again, had the UK Government negotiated a tougher deal with the European Union.” He said that they are “very keen to ensure that Northern Ireland fishermen can continue to fish in Irish waters and that Irish fishermen can continue to fish in UK waters.”

Poots also addressed pet vaccinations for travel to and from GB, saying it is a “nonsense of pets having to be treated for conditions that do not exist in the United Kingdom or the Republic of Ireland.”

Committee for the Executive Office evidence sessions

On Wednesday, the Committee for the Executive Office held evidence sessions with the First Minister and deputy First Minister, and with human rights and equality bodies.

First Minister Arlene Foster speaking to the Committee | Source: NI Assembly

Deputy First Minister Michelle O’Neill said that Brexit is not compatible with the Good Friday Agreement. She said she welcomed the Protocol as it gives some protection against the worst excesses of Brexit but it is “far from perfect”. She said it was important to send a clear message to those of a British identity that “Brexit and protocol do not interfere with anybody’s identity”. She said focus should be on finding easements. First Minister Arlene Foster said the Protocol and continuing with it is a “political choice”. Foster said there is an “intrinsic” internal market in the UK and the supply chains are very interlinked. She said the fundamental problem with the Protocol is that it “demeans our full citizenship of the United Kingdom”.

The Committee also heard from the NI Human Rights Commission, Equality Commission NI, and Irish Human Rights and Equality Commission on the implementation of the Protocol on Ireland/Northern Ireland (Article 2(1)). Article 2(1) states that there shall be “no diminution of rights, safeguards or equality of opportunity, as set out in that part of the 1998 Agreement”.

Geraldine McGahey of the Equality Commission for Northern Ireland said her organisation has been tracking domestic and EU-level legislation to see its impact on Article 2. The Equality Commission will also be publishing information with guidance and promotional material to increase awareness of the UK Government’s commitments in this area and the dedicated mechanism, including information on individuals’ right to complain about a breach of Article 2.

McGahey said there should be no adverse impacts on assistance dog owners, saying “it is something we feel strongly about”. She welcomed the Minister’s decision to delay additional requirements for pet travel between GB and NI.

Martina Anderson of Sinn Féin raised the issue of voting rights in relation to Irish passport holders who do not reside in Ireland and who cannot vote in European Parliament elections. McGahey said that the NI Equality Commission and NI Human Rights Commission are taking legal advice on the matter. They are conscious that some people feel there is a potential breach in this regard.

Committee inquiry into withdrawal of staff from ports

On Thursday, the Committee for Agriculture, Environment and Rural Affairs held evidence sessions with the Police Service of Northern Ireland (PSNI) and the Department of Agriculture, Environment and Rural Affairs (DAERA) on the withdrawal of staff from inspection duties at ports.

PSNI Assistant Chief Constable Bobby Singleton said there is no change to their threat assessment, which is that “there is nothing to substantiate or corroborate any paramilitary involvement in threats or intimidation of staff at points of entry or border control posts”. Their assessment remains under constant review.

NI Chief Vet Robert Huey outlined recruitment difficulties for the department: they need about 27 frontline vets and have only around 12. He went on to say that the current staffing situation is “not sustainable.” Regarding checks, Huey said he didn’t think anyone anticipated the volume of checks required: “the figures are astronomical”. He said they are conducting about 325 Common Health Entry Document (CHED) checks per day.

Department for Agriculture, Environment and Rural Affairs Permanent Secretary Denis McMahon outlined the series of events leading to the withdrawal of staff from ports and the factors informing this decision. Huey said it seemed a “measured precautionary approach” to do what they did in standing down staff.

The officials also gave an update on SPS arrangements and the building of permanent facilities, which will need Executive approval. McMahon does not expect permanent facilities to be in place before 2023. The BBC reports that earlier this month the UK Agriculture Secretary George Eustice wrote to his NI counterpart Minister Edwin Poots telling him to progress work on border control posts “without delay”.

This Week at the Assembly

• Monday 19 April, 12pm – Plenary - Question Time: The Executive Office; Private Members' Business - Brexit and Card Fees
• Wednesday 21 April 3.15pm - Committee for Finance - RaISe Oral Presentation - UK Internal Market Act 2020
• Thursday 22 April, 9.35pm – Committee for Agriculture, Environment and Rural Affairs - Oral Evidence from Mid and East Antrim Borough Council - Withdrawal of DAERA and Local Authority Staff from Ports; Written Briefing from DAERA - EU Transition Update

Catch up with the Committees

• Tuesday 13 April, 11am – Plenary - Question Time: Agriculture, Environment and Rural Affairs; Economy
• 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