‘Modern technological means’ could be used to check goods

WILL there be a post-Brexit border, or won’t there, on the island of Ireland?

The UK has ruled out an EU fallback option that would keep Northern Ireland in the bloc’s customs union and (some of the) single market, thereby avoiding the need for border checks.

Contained in a draft Brexit treaty yet to be discussed with the UK, it would only kick in if no satisfactory EU-UK trade deal or other unique solution is found.

But the EU has ruled out a bespoke trade deal with the UK, while the British government has yet to come up with a unique solution, with PM Theresa May repeating last Friday that she would not throw up new barriers between Northern Ireland and the rest of the UK.

Last August, a UK position paper suggested small traders be exempt from border checks and larger traders pre-approved, but it was dismissed by the EU as “magical thinking”.

Similar ideas were floated by former World Customs Organisation director Lars Karlsson, based on methods in use at the Norway-Sweden border, and are being looked at by MEPs.

Karlsson’s recommendation is to set up trusted trader and traveller systems, where people and goods would be pre-cleared through customs, and monitored using cameras and GPS tracking.

Mobile inspection units would be deployed for any necessary checks away from the border, to avoid large-scale and permanent infrastructure.

‘Physical infrastructure’

The Irish government’s position — and one echoed by the UK — is that there should be no “physical infrastructure” of any kind at the border.

But last week the EU admitted that there could be electronic surveillance.

Lead Brexit negotiator Michel Barnier

told reporters he “wouldn’t speak in terms of a border” but that “modern technological means” could be used to check goods coming into the EU. His point was underscored by European Council president Donald Tusk, who said “there can be no frictionless trade outside of the customs union and the single market”. The fallback option would see Northern Ireland continue to apply EU customs procedures and mirror rules on product standards, agriculture, fisheries, electricity, environment and other areas covered by the 1998 Good Friday Agreement. Any necessary checks would be carried out at ports and airports in Northern Ireland, with the goods then free to circulate in Ireland and the rest of the EU. Senior EU officials admit privately that it is a form of “cherry picking”, which the bloc has repeatedly denied the UK. But they say it is a unique solution necessary to preserve the benefits of the peace process and avoid a new border becoming target for republican dissidents.