Dictatorial EU report slams UK Govt’s NI border actions as “unfit for purpose”

Meanwhile the DUP says it is set to take direct action on the NI Protocol

Montage © Facts4EU.Org 2022

On Friday (28 Jan 2022) a highly critical EU Commission report was placed in the Library of the Northern Ireland Assembly, which lambasts the UK Government and Northern Ireland’s border control and agriculture agencies. A big week now beckons in the campaign to end the NI Protocol.

Running to over 40 pages, in damning terms the EU Commission report slams the UK and NI authorities on almost every level. Perhaps the most extraordinary aspect is that this report has been issued by agents of foreign powers, making diktats on how people in part of the United Kingdom may conduct their business and live their lives.

As if any further proof were needed, the EU Commission’s report makes it clear beyond all doubt that Brexit simply hasn’t happened in part of the United Kingdom.

Brexit Facts4EU.Org Summary

EU's N.I. Protocol is reaching boiling point

1. Quotes from the EU Commission’s 41 page report

“This Commission control identified several critical factors which collectively and critically undermine the credibility of guarantees given by the United Kingdom Government in respect of its obligations to implement Union law….”

“First and foremost, the United Kingdom Government has failed to ensure that sufficient resources – human and structural – have been made available to the responsible competent authorities in Northern Ireland by the devolved administration in Northern Ireland… [and] … is impeding the full implementation of the Protocol.

“Undertakings given in the United Kingdom’s unilateral declarations have also not been delivered…”

“In short, the system is not fit for purpose, does not comply with EU rules and cannot provide sufficient assurances…

The EU Commission report refers to 30 separate EU Regulations governing Northern Ireland, each of which in turn refer to numerous EU Directives and Rules.

2. NI First Minister declares EU’s checks unlawful

  • DUP set to take action to stop border checks between GB and N.I.

“We (the DUP) believe that the checks continuing would be unlawful”

- First Minister Paul Givan, 27 Jan 2022

3. Liz Truss starts talking tough again, but no action yet

“The Northern Ireland Protocol was designed to protect the peace process and respect all communities in Northern Ireland. It is doing the opposite.”

- The Rt Hon Liz Truss MP, Foreign Secretary, Belfast, 27 Jan 2022

The Protocol and the DUP’s planned suspension of border controls

The Northern Ireland Protocol has been a controversial area of dispute ever since Prime Minister Boris Johnson conceded the peculiar arrangement, despite saying he never would.

It is wrong on so many levels – constitutionally, democratically, economically, socially and culturally – that a quick fix was never going to be easy if the Trade & Co-operation Agreement with the EU was to survive. Now it seems that the largest unionist party, the DUP, is about to do what no UK Government minister has yet done – take action.

For the customs inspections to continue at the Northern Ireland ports the Stormont Agriculture Minister, it was established last week that Edwin Poots, N.I.'s Agriculture Minister, would have to confirm approval had been given by the Stormont Executive to comply with the legal terms of Stormont's power sharing procedures. Unionist lawyer and anti-protocol campaigner, Jamie Bryson, had initiated legal proceedings arguing that in the absence of such an Executive decision the customs inspections were illegal as they were contrary to the power sharing agreement.

As Minister responsible, Poots decided he would not seek approval and that the checks must therefore halt. The DUP First Minister Paul Givan announced last Friday that authority would not be granted and that officials would be instructed that they no longer have the legal authority to intervene.

This has been flatly contradicted by Sinn Fein, who intend to fight any move.

Talking about his decision to act on the lack of Executive authority for customs checks, Agriculture Minister Edwin Poots (DUP) said:

“This is about a piece of work that we have been doing over the course of the last year in terms of mitigating the damage that has been done to Northern Ireland as a consequence of the protocol.

“The DUP’s opposition to the protocol isn’t something that is recent. It is not a stunt, it is for real.”

- Edwin Poots MLA, NI Minister of Agriculture 27 Jan 2022

The opportunity for Truss

Put on the spot by this action, Foreign Secretary Liz Truss, has confirmed that the UK government will not seek to intervene. Unless someone seeks a judicial review and is successful, then the invented internal border between the mainland of Great Britain and Northern Ireland will re-open so that goods and livestock can move freely – just like they have been entitled to since the 1800 Acts of Union.

This is a different procedure from invoking Article 16 of the Protocol, which suspends the whole edifice pending arbitration processes – and may well provoke a response from the EU in seeking to ensure goods bound for the Republic of Ireland do not breach the technical standards and regulations governing its Single Market. Currently these inspections take place on arrival at principally Belfast and Larne docks or Belfast or Londonderry airports.

Observations

Reading the entire EU Commission report which was lodged in the Northern Ireland Assembly’s Library on Friday - and we have – one is struck by one thing. This is a report by agents of foreign powers, dictating what happens on United Kingdom soil. The impression is of being lectured to as naughty children.

Facts4EU.Org has always fought for a strong, independent United Kingdom, free from laws imposed by unelected bureaucrats in Brussels. We are proud of the role we played in achieving a partial Brexit, but sadly there is still work to be done to break free completely from the shackles of a highly dysfunctional colonial power.

Are the DUP now stepping up?

It is entirely fitting and proper that local politicians who were never consulted about the Protocol in the first place – representing a community that under the terms of the Belfast (Good Friday) Agreement should have been able to give their consent - have taken matters into their own hands through a democratic institution.

There have been countless deadlines over the course of the last six months seeking firstly to bring the Protocol to the negotiating table, and secondly to get the EU to see sense that it is an entirely unnecessary encumbrance and an affront to the UK’s integrity. These deadlines have all come and gone, with new deadlines being set, extensions to ‘grace periods’ – and even Belfast’s High Court postponing an appeal of the Judicial review because it was told a resolution was imminent. That was back in November.

We are where we are now because at different times it has suited either party – the EU or the UK Government – to allow drift to take place. In the case of the EU (and its proxy, the Republic of Ireland) this is understandable, as the Protocol suits them both just fine. This is because we can already see the growing economic evidence of product substitution displacing British suppliers in Northern Ireland.

It is not understandable or excusable for the UK Government, which had originally said it would invoke Article 16 if nothing was achieved by November 30.

It is clear the EU is playing a long game so that Northern Ireland becomes more and more embedded in the EU’s governance and less and less in that of the United Kingdom of which it is supposedly a part. It is also clear there has been a lack of resolve in the UK Cabinet, with repeated reports of the Chancellor Rishi Sunak objecting to the invoking of Article 16. It is no surprise that Lord Frost finally resigned from the Government before Christmas.

Now all the pressure has been on Foreign Secretary, Liz Truss, to demonstrate what she is made of. However she too has allowed negotiations to drift even though the Stormont elections are due in May. She started by banging the drum for invoking Article 16 by writing in the Sunday Telegraph she was willing to use the legal safety valve, but from the moment she met EU Commissioner and chief negotiator Maroš Šefčovič he has been applauding her “change of tone”, with a new deadline set for the end of February.

The Foreign Secretary should use any suspension of customs checks as a means to demonstrate the EU has nothing to fear from any ‘contamination’ of its single market and press home this opportunity by threatening to invoke Article 16 if the EU seeks to escalate the dispute and inflame tensions.

After all, the EU has long claimed its support for the Protocol has been due to it respecting the Belfast Agreement and seeking to preserve peace in Northern Ireland. Were it to raise tensions that would threaten the peace, its abandonment of the moral high ground and descent into partisan gutter politics would be in plain sight for all to see.

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[Sources: First Minister Paul Givan statement | EU Commission | NI Dept of Agriculture, Environment & Rural Affairs | Capx | ITV interview with Liz Truss] Politicians and journalists can contact us for details, as ever.

Brexit Facts4EU.Org, Monday, 31 January, 2022

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