The Government could be gearing up to ditch the Northern Ireland protocol, a number of sources are indicating.
Speculation is mounting that next month’s Queen’s Speech will contain details of plans to scrap or repeal all or parts of the agreement.
Sources last night told the Mirror the legislation being drafted would allow ministers to repeal Section 7a of the EU Withdrawal Act which enshrines the Protocol into British domestic law.
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If enacted it could allow Boris Johnson to simply bin parts of Protocol including checks on goods destined for Northern Ireland without any risk of a legal challenge.
Last week, on a visit to India, the PM suggested such legislation could be part of a new approach to the Protocol, which he said would involve “some very simple and reasonable steps…we will continue to talk to the EU. We don’t rule out taking further steps if that is necessary”.
Section 7a ultimately “gives direct effect to the Protocol”, one source said last night. The source added that repealing it would be “much bigger” than triggering Article 16 because it is seen as a “once and for all change to the law that gives life to the Protocol”.
But the move would be a breach of the Brexit withdrawal treaty and spark a fresh row with the EU. The Government would likely face opposition in the Lords too.
Speculation has been growing since last week, but last night the LBC station reported that three government sources were telling them that next month’s Queen’s Speech will “reference plans to give UK ministers the power to unilaterally ditch the Protocol”.
Former NI Secretary of State and European Commissioner Peter Mandelson told the show the Government would be “stupid” to tear up the Northern Ireland Protocol, saying the reaction of the European Union would be “quick and severe”.
“I cannot believe they would do anything so stupid for two reasons,” Lord Mandelson said.
He said although “the trade agreement that we have with the European Union is weak enough as it is and gives us few trade advantages” it is “nonetheless very, very important to businesses and jobs in Britain”.
He added: “To put that in jeopardy after all the other shocks that we have received - the Covid shock, the Ukraine shock, the energy shock - would incredibly detrimental to our economy.”
Lord Mandelson said the Northern Ireland Protocol was “not perfect” and “could do with a little bit of adjustment in the way in which it is applied”, but ripping it up would “put into question the peace and stability in Northern Ireland”.
He said it “has been agreed by the British government, is part of an international treaty signed by the British government and if we were unilaterally to step back from it the reaction of the European Union would be quick and severe”.
The news comes against a backdrop of ongoing talks aimed at securing a UK-US free trade deal in which the US have raised concerns over the handling of the Protocol.
Yesterday, it was reported that the prospect of a UK-US free trade deal is not dead. International Trade Secretary Anne-Marie Trevelyan and her US counterpart Ambassador Katherine Tai said they had discussed ways to make the £200 billion trade partnership even stronger during their two-day talks in Aberdeen and London.
US President Joe Biden has previously expressed concern over the Northern Ireland Protocol. Asked if talks on a US-UK trade deal could take place while this remains unresolved, Ms Tai said her country is “watching the issue closely”.
“We in the United States respect and value and commit to the Good Friday Agreement and its legacy.
“I’ve heard the same values there from the Secretary of State.”
She said the pair had had “very candid” discussions on the topic and that Ms Trevelyan had been “very forthright with me in our conversations”.
“It is an area where we continue to urge the UK and the EU to channel their best selves in terms of co-operation and courage, and we support them in that,” the US trade representative said.
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