Brexit & Beyond Newsletter
14 June 2021
Welcome to the 14 June 2021 newsletter
Last week was packed with intergovernmental meetings: the EU-UK Joint Committee and Partnership Council met on Wednesday in London; at the weekend the G7 met in Cornwall, where various Brexit discussions took place; and the British-Irish Council met in Fermanagh. Parliamentary Committees continue to hear evidence on the implementation and impact of the Protocol, and on post-Brexit intergovernmental working.
Joint Committee and Partnership Council meets
The Joint Committee which oversees the implementation of the Withdrawal Agreement, including the Protocol on Ireland/Northern Ireland, met on Wednesday 9 June. The EU and UK released separate statements, RTÉ‘s Tony Connelly suggested this was partly due to the UK’s objection to wording that both sides were fully committed to implementing the Protocol.
The UK statement outlines their concerns in areas including SPS arrangements, prohibition on imports of chilled meat, pet travel and tariff rate quotas, ‘goods not at risk’, and parcels moving GB-NI. The UK Government states it “will of course continue to consider all options available for safeguarding peace, prosperity and stability in Northern Ireland.”
Maroš Šefčovič, Vice-President of the European Commission meeting with David Frost, Minister of State at the Cabinet Office, in London | Source: European Union
For the EU, “There is no alternative to the Protocol.” It posits that it has been “engaging intensively with the UK at expert level to find constructive and pragmatic solutions, within the framework of the Protocol, to address the difficulties experienced by people in Northern Ireland”, and published examples of such solutions. The EU is open to “exploring technical solutions”, provided that the UK commits to fully implementing the Protocol: “The UK has now to make a choice between fulfilling its legal obligations and genuinely engaging with the EU or continuing along its less than constructive path regarding the implementation of the Protocol. The EU hopes the UK chooses the former.” You can read the European Commission’s statement here.
Following the meetings, European Commission Vice-President, and co-Chair of the Joint Committee Maroš Šefčovič held a press conference. He pointed out that he has conducted outreach with NI businesses, who tell him they “see opportunity” in the Protocol. Šefčovič said he thought that by now they would be organising trade delegations to Northern Ireland to “develop the distribution, supply chains..bring new growth and opportunities to NI”. Šefčovič dismissed media reports about Ireland‘s access to the EU single market being restricted saying, “We have always shown solidarity with Ireland and we will continue to stand by Ireland…This is a matter between the EU and the UK, not between the EU and Ireland.”
For UK Brexit Minister and co-Chair of the Joint Committee, Lord Frost, the summary of the meeting was “no breakthroughs, but no breakdown either”. He argues that the EU is insisting that the protocol should be operating in “an extremely purist way”. He said in reality it is a very balanced document designed to support the peace process.
Sausage wars
What journalists have dubbed the ‘sausage wars’ relates to the EU’s ban on imports of fresh chilled meat preparations from third countries. Sam Lowe, Centre for European Reform, points out that from October GB will apply the same restrictions to such imports from the EU, as it already does with the rest of the world. The grace period for these products entering Northern Ireland ends on 1 July.
Citizens’ rights
The Joint Committee also discussed citizens’ rights – the deadline to apply under the EU Settlement Scheme is approaching on 30 June. The EU emphasised that “EU citizens who applied must have legal certainty as to whether they are covered, or not, by the Withdrawal Agreement”. The UK said that over 5 million applications have been concluded under the scheme and “underlined its determination to respect EU citizens’ rights, and urged the EU and Member States to do likewise as regards UK citizens within the EU.” In May, the UK Home Office published statistics on the EU Settlement Scheme up to March 2021. By this date, a total of 5,301,470 applications to the scheme had been received. Most applications were received from England (4,501,460), with 80,190 from Northern Ireland. The NI Assembly Committee for the Executive Office recently heard that a local campaign is running to raise awareness of the scheme, and to show the contribution that EU citizens make to life here.
View from NI business
Following the meetings, Aodhán Connolly, director of the Northern Ireland Retail Consortium wrote in the Belfast Telegraphthat it is “Groundhog Day for the business community” in NI. He notes the upcoming ends of grace periods and advocates a veterinary agreement, “even a temporary one with a guillotine clause that would still give the UK the freedom that it wants to negotiate trade deals with Australia and the USA.” He says, “There is no viable alternative to the Protocol on the table” and calls for the EU and UK to find solutions to reduce friction.
The EU has published the chart below which shows EU import requirements, authorisations and prohibitions for animal products, and compares the different arrangements for third countries, such as Switzerland and New Zealand. View the chart on EU import requirements here.
EU import requirements | Source: European Union
Trade and Cooperation Agreement
The first meeting of the Partnership Council, which oversees the EU-UK Trade and Cooperation Agreement (TCA) also took place on Wednesday. Šefčovič noted that an indicative timetable for various joint committees under the TCA has been agreed. In its statement, the UK emphasised “the need to continue and deepen our close cooperation on customs and on sanitary and phytosanitary measures and encouraged pragmatism, on both sides, to minimise the barriers to trade being faced.” Ministers from the NI Executive attended as part of the UK delegation.
Meetings this week
According to his calendar on the European Commission’s website, Maroš Šefčovič will meet virtually on Wednesday with Edwin Poots, leader of the Democratic Unionist Party; and also with Michelle O’Neill, deputy First Minister.
G7 meeting
The G7 was hosted by the UK in Cornwall last weekend. Brexit was not officially on the agenda but senior UK and EU officials told this journalist that 2/3 of conversations in the margins of the summit have revolved around Brexit. Meanwhile, Boris Johnson said the “vast, vast majority” of the conversations were about “other subjects and there has been a fantastic degree of harmony”.
G7 leaders meeting in Cornwall | Source: Andrew Parsons / No 10 Downing Street
US weighs in
Ahead of the summit in Cornwall the US formally reprimanded the UK, issuing a diplomatic demarche, as reported by the Times. A memo from the meeting between the top US diplomat in London and Lord Frost said "the US was increasingly concerned about the stalemate on implementing the protocol. This was undermining the trust of our two main allies. The US strongly urged the UK to achieve a negotiated settlement." It was also said that if the UK signed up to follow EU agricultural rules, that Biden would ensure that the matter "wouldn't negatively affect the chances of reaching a US/UK free trade deal".
President Biden’s National security adviser Jake Sullivan told the BBC said that Biden believes the Protocol is "critical to ensuring that the spirit, promise and future of the Good Friday Agreement is protected". He said the EU and UK need to "find some way to proceed that works” for both. Irish Foreign Minister Simon Coveney outlined to RTÉ the Irish Government’s efforts to raise this issue with the Biden administration.
PM Boris Johnson and US President Joe Biden reaffirmed their commitment to the Belfast/Good Friday Agreement. They agreed that “that both the EU and the UK had a responsibility to work together and to find pragmatic solutions to allow unencumbered trade between Northern Ireland, Great Britain and the Republic of Ireland.” Several commentators have pointed out this aspiration is not possible while NI remains in the EU single market and the rest of the UK does not.
View from the EU
In bilateral meetings between Boris Johnson and German Chancellor Angela Merkel, French President Emmanuel Macron, and European Commission President, Ursula von der Leyen, and European Council President, Charles Michel, the Protocol on Ireland/Northern Ireland was discussed. The EU and UK agreed “on the need for continued meaningful engagement to resolve the outstanding issues.” Chancellor Merkel said she had “advocated a pragmatic solution” in her meeting with the Prime Minister. President Macron said that Johnson “knew very well” that there would be checks associated with the Protocol. He went on to say “you cannot blame the EU for your own incoherence”.
RTÉ reports that should the UK make further unilateral moves around implementing the Protocol, the EU intends to take a “measured response”, particularly ahead of the ‘marching season’ in Northern Ireland. Options for the EU include the infringement proceedings initiated earlier this year, arbitration under the Withdrawal Agreement, or retaliatory measures under the Trade and Cooperation Agreement. Speaking at the end of the G7 summit, Johnson said the UK would do “whatever it takes, to protect the territorial integrity of the UK”.
British-Irish Council
The 35th British-Irish Council summit took place on 11 June, hosted by the Northern Ireland Executive. Recovery from Covid-19 was the main topic for discussion, but ministers also discussed the latest political developments and the EU-UK relationship. Taoiseach Micheál Martin said he believes that an SPS arrangement “is certainly the direction of travel that we should pursue as constructively as we possibly can.” He noted that, “if the US is saying that certainly arriving at an SPS agreement doesn't in any way negatively impact on the potential of the US-UK trade deal, then I think that definitely offers up potential for progress here.”
Chancellor of the Duchy of Lancaster Michael Gove, who was representing the British Government at the meeting said, “I believe there is a willingness within pragmatic figures within the European Union to make sure that we can make these arrangements work so that they do not impact adversely on the lives of people across communities in Northern Ireland and I know that the Irish Government is using its best endeavours in order to proceed in a pragmatic and constructive way."
Lords Sub-Committee on the Protocol hears from academics
On Wednesday, the Lords Protocol on Ireland/Northern Ireland Sub-Committee heard from cross-disciplinary academics on the operation of the Protocol. Professor Peter Shirlow, Director of the Institute of Irish Studies at University of Liverpool, said that “Protocol is not an event; it is a process” and should be framed as such.
On the question of whether Northern Ireland will be able to participate in free trade agreements (FTAs) under the Protocol, Dr Esmond Birnie, Senior Economist at Ulster University said that while the UK Government has stated that NI will have full access to them, “I genuinely wonder if that will be the case”. He outlined some implications should there be a US-UK trade deal. On the economic impacts, Birnie said that the Protocol helps some sectors such as food processing, but disadvantages sectors such as electrical engineering and advanced manufacturing, as there are additional costs for input materials.
The witnesses were asked about both the UK Government’s and the EU’s approach to engagement with stakeholders and people in Northern Ireland. Professor Katy Hayward, Professor of Political Sociology at Queen's University Belfast, pointed to the recent LucidTalk poll and noted the low levels of trust in the UK Government, including among unionists and loyalists. She said that hostility in the EU-UK relationship is not helpful and an alternative should be found - “one that is about de-dramatising and reassuring…in a way which follows up with action”.
Professor Katy Hayward addressing the Sub-Committee | Source: UK Parliament
On the EU’s approach, Shirlow asked if the aim of the protocol is to protect the Good Friday Agreement, should the EU not also be paying the same attention to the East-West relationship? He outlined the limited NI infrastructure, and limited exports going to the EU: “the EU has to remember the scale of this,” he said.
Hayward pointed out that “if the Northern Ireland Executive manage to have a unified position, that it should have a significant impact on the decisions being made by the UK and the EU” and emphasised the need for democratic representation for Northern Ireland in the work of the Joint Committee and the EU more widely.
Northern Ireland Affairs Committee’s inquiry continues
The Commons Northern Ireland Affairs Committee continued taking evidence on the Protocol on Ireland/Northern Ireland last week. Billy Hutchinson, PUP Leader and Councillor, was asked about the recent violence in Northern Ireland and sentiment among unionists and loyalists in relation to the Protocol. He said that, “People did not realise that Brexit would have a bigger impact in Northern Ireland than in the rest of the UK. The protocols are the manifestation of people attacking their Britishness or taking something away.”
Journalist and author Susan McKay also spoke to the Committee. She said, “a lot of people see the protocol as simply being a figleaf for Brexit” and that many people feel that what is being blamed on the protocol “should more properly be blamed on Brexit”. She said, “People are uncomfortable and they feel that the protocol is simply being used as a scapegoat for all kinds of other problems.”
Common Frameworks and intergovernmental relations
The Lords Common Frameworks Scrutiny Committee heard on Tuesday from Lord Dunlop, who led the ‘Dunlop Review’ into the UK Government’s Union Capability. Following Brexit, a number of powers previously under EU competence, and which intersect with devolved competence, were returned to the UK. Common Frameworks are the system for the UK Government, Scottish, and Welsh Governments, and NI Executive to agree some regulatory consistency across these policy areas. Dunlop said that Common Frameworks are the “gold standard” of how governments work across the UK and says they have worked well because they are collaborative and consensual.
Lord Dunlop giving evidence to the Common Frameworks Scrutiny Committee | Source: UK Parliament
Dunlop said that the Government wants to collaborate and coordinate with the devolved governments on funding, but we wait to see the detail of that. He said it would be another test of how serious the government is about improving intergovernmental working. In March, Finance Ministers from the devolved governments expressed concerns about the UK Government “bypassing Devolved Governments and existing structures to allocate replacement EU funds.”
Dunlop noted the importance of Northern Ireland’s involvement in the intergovernmental process, saying they noted the difference when the Assembly was not sitting and only officials attended intergovernmental meetings. He noted the additional structures in the three-stranded approach for Northern Ireland, including the Joint Committee. He said that the Lords Speaker would like to build on the experience of the Interparliamentary Forum on Brexit to try and promote and expand those relationships.
Other news
- The EU Council has approved the EU-UK agreement on fishing opportunities for 2021 and for deep-sea stocks for 2021 and 2022. The agreement sets the total allowable catches (TAC) for 75 shared fish stocks and a number of deep-sea stocks, and gives clarity on access limits for non-quota species. Now the agreement will be transposed into EU legislation. Under the EU-UK Trade and Cooperation Agreement, the EU and UK will hold annual consultations on fishing opportunities to decide the quantities of shared fishing stocks for each party. The Specialised Committee on Fisheries will be set up to finalise outstanding matters.
- The UK Government has published a summary of its new relationship with the EU, including the rules for UK citizens travelling, living and working in the EU, regulations for exporting and importing goods, participation in EU programmes, and fisheries.
- The European Commission is putting together an EU Domestic Advisory Group (DAG) for the EU-UK Trade and Cooperation Agreement. This will give civil society a forum to express their views about the trade agreement. You can find out more here. UK nationals will not be eligible to become members.
This Week at the Assembly
- Monday 14 June, 2PM - Question Time: Executive Office, Health
- Wednesday 16 June, 2.55PM - Committee on Procedures - Legislative Consent Motions - Associated actions
- Thursday 17 June, 2PM - Committee for Justice - EU Exit legislation
Catch up with the Committees
- Monday 7 June, 2pm - Plenary - Question Time: Economy
- Tuesday 8 June, 2pm - Plenary - Question Time: Finance
- Thursday 10 June, 9.35am - Committee for Health - EU Exit legislation
- Thursday 10 June, 11 am - Committee for Justice - EU Exit legislation
