Boris Johnson previously referred to the Northern Ireland Protocol amendments proposed by his government as “trivial” and “not a huge deal.”
The European Commission has warned it will take “proportionate steps” to ensure the legal execution of the Northern Ireland Protocol following the publication of legislation by the British government that will supersede the mechanism.
The vice president of the European Commission, Maros Sefcovic, stated that the EU viewed the United Kingdom’s conduct with “serious worry” and will examine its future steps.
He stated that this will begin with the beginning of legal proceedings against the United Kingdom, which were stopped in September due to the country’s violation of the 2020 departure treaty.
As he ruled out renegotiation of the trade agreement, he stated that the EU would also consider pursuing additional legal action to defend the integrity of the EU single market, in addition to resuming infringement actions against the United Kingdom.
“Unilateral action undermines mutual trust,” added Mr. Sefcovic.
“Our objective will always be to ensure the protocol’s implementation. Our response to unilateral action by the United Kingdom will reflect this objective and be proportional.”
PM “clearly in violation of international law”
Michelle O’Neill, vice president of Sinn Fein, stated that Boris Johnson’s attempts to circumvent portions of the convention are “illegal” and that he is “clearly in violation of international law.”
However, the British government has argued that it is acting lawfully.
Ministers have stated that all parties in Northern Ireland are aware of the concerns with the protocol, which is intended to prevent a hard border with the Republic of Ireland but essentially creates a border in the Irish Sea with goods imported from the United Kingdom subject to customs checks.
The measure will allow authorities to establish a “green lane” allowing trustworthy traders to transport goods from Great Britain to Northern Ireland without inspection, so long as the items remain within the United Kingdom.
Goods provided by companies not enrolled in the trusted trader program, as well as those going for Ireland and the EU, would pass through a red lane and be subject to inspection.
A spokeswoman for Irish foreign minister Simon Coveney stated that the bill “marks a particularly low point in the UK’s approach to Brexit” and that the idea will “ratchet up” tension and violate the UK’s international obligations.
A majority of Stormont Assembly members (MLAs) have written a letter to Mr. Johnson expressing their objection to the proposed legislation to modify the Northern Ireland Protocol.
“doing by international law”
However, Foreign Secretary Liz Truss stated that the United Kingdom’s new legislation “complies with international law.”
“We are modifying the protocol as opposed to eliminating it. I believe it is vital to recognize that, “Ms. Truss told the media.
“We must take action to safeguard the citizens of the United Kingdom, and we must take action to protect peace and stability in Northern Ireland, and we are doing just that.”
The foreign secretary also refuted claims that the legislation may not be activated and is being used for negotiation reasons, stating, “We take this legislation very seriously.”
Earlier, the prime minister emphasized that the law would entail “quite straightforward” adjustments and that a trade war initiated by the EU would be a “gross overreaction.”
Parliamentarians will debate and vote on the proposed changes.
Following a conversation between Ms. Truss and US Secretary of State Antony Blinken, America’s top diplomat stated that the UK’s request to bypass the convention would not harm the country’s ongoing trade negotiations with the United States.
However, he also urged the United Kingdom to continue negotiations with the European Union, adding: “We acknowledge that there have been difficulties in implementing the Northern Ireland Protocol.
“We urge the United Kingdom and the European Union to resume negotiations to settle these disagreements.”
The Democratic Unionist Party has refused to endorse power-sharing until the outstanding issues have been resolved.
After the bill was released, its leader Sir Jeffrey Donaldson stated, “The DUP will determine what constitutes decisive action based on the bill’s progression.”
The justification for this action is a “really unusual circumstance.”
The new measure establishes a framework for Westminster ministers to implement reforms in four areas, including customs and agri-food safety inspections, regulation, subsidy restrictions, and the function of the European Court of Justice.
The enactment:
It stipulates that certain provisions of the Northern Ireland Protocol do not apply in the United Kingdom
It grants ministers of the crown the authority to ensure that other provisions of the Northern Ireland Protocol have no effect in the United Kingdom.
It ensures that enactments, such as the Union with Ireland Act 1800 and the Act of Union (Ireland) 1800, are not affected by provisions of the Northern Ireland Protocol that do not apply in the United Kingdom.
It confers on ministers of the crown the authority to enact new legislation about the Northern Ireland Protocol (including where provisions of the protocol have no effect in the United Kingdom);
In a legal policy paper published alongside the measure, the government argues that the action is authorized under international law due to the “really exceptional circumstances.”
“The government recognizes that necessity may be cited to legally excuse non-performance of international obligations only in rare circumstances,” the document states.
“This is a very rare occurrence, and only in the challenging, complex, and singular circumstances of Northern Ireland has the government regrettably opted to establish legislative provisions that, upon entry into force, foresee the non-performance of specific responsibilities.
“The government’s stance is that, given the state of emergency, any non-performance of its duties under the Withdrawal Agreement and/or the protocol as a result of the proposed legislative actions would be justifiable under international law.”
Monday, Labour leader Sir Keir Starmer told networks that the government was “heading down the wrong path.”
