Good afternoon,
The UK has published a document outlining their approach to the Northern Ireland protocol. Organisations have been waiting for this as the Protocol is entirely the UK’s responsibility to administer but up to now, the UK has released little details about how it would do so. Negotiations between the EU and the UK are also continuing, but are not progressing. We have more Brexit Answers sessions for you on the EU Settlement Scheme, trade, and legal challenges arising from Brexit. As always we end with some recommended reading for you.
Enjoy,
Jacob
In Politics
EU / UK Negotiations
EU and UK no closer to agreeing on a deal
The UK publish their approach to negotiations
Level Playing Field continues to be a big sticking point
The EU and the UK continue to negotiate about what the future relationship between the two will look like after the transition period and this week the UK set out ‘Our approach to the Future Relationship with the EU’ which can be downloaded in full here.
In the document, the UK continues to resist a strong Level Playing Field, something that the EU has made a key part of their negotiation aims, which is a key sticking point between the EU and the UK. The UK agrees in principle to the idea of non-regression of rights and standards, but wants the freedom to diverge. The EU is concerned that due to geographical proximity of the UK to the EU, after leaving the EU the UK will undercut the EU market by cutting rights, such as labour rights, and standards. The House of Commons Library sets out the positions of both parties in a useful explainer here.
David Henig of the European Centre for International Political Economy has gone through the document bit by bit in a thread here. He points out that the text published by the UK would be unacceptable to both the EU and the USA. Furthermore, the lack of detail is at this stage concerning, given how much is left to do in a very short time-frame.This is made increasingly difficult with Coronavirus response absorbing Government capacity.
Michael Gove then came to the Commons to update MPs on the latest round of negotiation talks. This has been a rare occurrence as we covered the other week. Essentially the UK and the EU are no closer to agreeing a deal. Gove said to the Commons ‘It remains difficult to reach a mutually beneficial agreement while the EU maintains such an ideological approach’.
In answer to questions in the Commons, Gove reiterated that the Government will not extend the transition period even though covid-19 is at the forefront of all government’s activity. When asked what estimates the Government had made to a potential rise in unemployment due to a no-deal Brexit in conjunction with covid-19 he did not give any figures or reassurances beyond the UK having ‘freedom to protect people in employment’ by being outside the EU.
Gove faced a variety of questions on key topics we have looked at before in this bulletin, such as the removal of key worker’s rights protections but gave little in solid reassurances. Overall the negotiations, and Ministers, are producing little reassurance of what is to come down the line. This means the great uncertainty currently faced by civil society, due to covid-19, is potentially going to be compounded as we get closer to the end of the year with little idea of what the future relationship will look like.
In Policy
Northern Ireland Protocol
Details on the Northern Ireland protocol released by the UK
New powers given to bodies to ensure non-diminution of rights
Checks will happen on goods traveling from the rest of the UK to Northern Ireland
This week the Cabinet Office published a document outlining ‘The UK’s Approach to the Northern Ireland Protocol’. The Northern Ireland protocol is part of the Withdrawal Agreement that aims to prevent a hard border running through the island of Ireland. Up to now very little detail has been given from the UK Government on how it will implement it. The full UK Government document can be downloaded here.
The document covers a wide range of issues from VAT and excise to the rights of individuals, specifically it covers:
Checks on goods
As we said last week, there will be checks on goods going from the rest of the UK (rUK) to Northern Ireland (NI). Specifically, this is on goods that are at risk of entering the EU via crossing the land border between NI and the Republic of Ireland
Checks will be carried out at existing ports. The document states that no new infrastructure will be made but existing infrastructure will be expanded
The UK Government has committed to waiving or reimbursing tariffs on goods that only end up travelling internally within the UK but one entry to NI are classed as ‘at risk’ of entering the EU
Administration of checks will be performed by UK authorities. The document doesn’t specify anything further than that
Trade going from NI to rUK will continue as it does now
Devolution
The document continues the guarantee from ‘New Decade, New Approach’ that the Northern Ireland Executive will be invited to sessions of the Joint Committee where ‘Northern Ireland is being discussed and when the Irish Government are in attendance’
The Northern Ireland Assembly will have a consent vote on the NI Protocol every four years starting in 2024. The UK document states that because of this they do not see the protocol as a permanent solution
The UK Government has also committed to legislating by the 1st January 2021 to guarantee unfettered access for NI business to the whole of the UK’s internal market. This will be a key bill that will need to be properly scrutinised
Rights
In the Northern Irish Protocol, the UK Government has committed in Article 2(1) to ‘ensure that no diminution of rights, safeguards or equality of opportunity’ will happen as a result of leaving the EU
The Northern Ireland Human Rights Commission (NIHRC) and the Equality Commission for Northern Ireland (ECNI) are to monitor, report on, and enforce the UK’s commitment to Article 2(1)
The UK has also committed to ‘ensure that the NIHRC and ECNI have the resources they need to properly carry out their new statutory functions’
As we wrote about last week on the De Souza case, the UK has changed its Immigration Rules to allow family members of people born in Northern Ireland to apply to the EU Settlement Scheme. This change is to include all people of NI, not just those who identify as British
The UK Government claims to have been engaging with civil society in NI in relation to ensuring that the UK Government’s commitment to Article 2(1) of the protocol is ‘well understood on the ground in Northern Ireland’
Overall this document outlines some significant changes to the lives of people in Northern Ireland that are a direct result of the Withdrawal Agreement agreed at the end of last year. There will be new powers to bodies to ensure rights and these powers, their administration, and the funding of the bodies will need to be scrutinised. Furthermore the enforcement of these rights will need engagement from organisations on the ground. There is a long way to go in proper engagement with communities, and guarantees of rights, but this document has finally outlined some details from the UK Government.
In Events
Brexit Answers
EU Settlement Scheme - How can organisations support EU citizens?
Join the AIRE Centre, the New Europeans, and JCWI on Wednesday 27th May at 10:00am to learn more about the EU Settlement Scheme and EU citizen’s rights. Find more information and free tickets here.
Future Relationship, Transition Period, and Trade
Join the Trade Justice Movement and the Institute for Public Policy Research on Thursday 28th May at 10.00am to discover what is next for trade. Find more information and free tickets here.
Legal Challenges Arising From Brexit
Join the Public Law Project on Tuesday 2nd June at 10.00am to discover more about the legal changes that are arising from Brexit. Find more information and free tickets here
Recommended Reading
Raoul Ruparel, Therea May’s special advisor on Europe, on a conditional extension in Politico
Anoosh Chakelian on the Immigration Bill in the New Statesman
Nicole Skyes, Head of EU Negotiations at the CBI, has a scenario thread about the pressures business is facing about preparing for Brexit in covid-19 here
The House of Commons Library have a briefing on the Immigration Bill here