Ireland’s position strengthened by agreed changes
THE agreement made on Friday is significantly different from the one that had been put together on Monday – and in ways that are seemingly more advantageous to the Irish side.
Monday, December 4th
Draft 1 – ‘In the absence of agreed solutions, the UK will ensure that there continues to be no divergence from those rules of the Internal Market and the Customs Union which, now or in the future, support North South co-operation and the protection of the Good Friday Agreement.’
The first Monday draft – as reported by RTÉ – used the term ‘no divergence from’ the Customs Union’s rules.
Draft 2 – ‘In the absence of agreed solutions, the UK will ensure that there will be continued regulatory alignment with those rules of the internal market and the Customs Union, which, now or in the future, support North-South co-operation and the protection of the Good Friday Agreement.’
The second Monday draft allowed a little more leeway to the British when dealing with Northern Ireland, saying that there would be ‘continued regulatory alignment’. This was seen as a move to assuage the Democratic Unionist Party, led by Arlene Foster.
Friday, December 8th
Final Text – ‘In the absence of agreed solutions, the United Kingdom will maintain full alignment with those rules of the Internal Market and the Customs Union which, now or in the future, support North-South co-operation, the all-island economy and the protection of the 1998 Agreement. ‘In the absence of agreed solutions, as set out in the previous paragraph, the United Kingdom will ensure that no new regulatory barriers develop between Northern Ireland and the rest of the United Kingdom, unless, consistent with the 1998 Agreement, the Northern Ireland Executive and Assembly agree that distinct arrangements are appropriate for Northern Ireland. In all circumstances, the United Kingdom will continue to ensure the same unfettered access for Northern Ireland’s businesses to the whole of the United Kingdom internal market.’
Crucially, the final text states ‘will maintain full alignment’, which is a marked advance on even the first draft on Monday. It adds a key phrasing of ‘all-island economy’, which gives a fresh parameter by which to judge any rules the UK implement.
The only element that can be seen as being better from a DUP point of view, compared with Monday’s text, is the second paragraph regarding ‘no regulatory barriers’ and ‘same unfettered access’ to the internal market. This change, however, is what has opened up the prospect of a soft Brexit, according to many observers. Because if in a ‘No Deal’ situation, NI has no regulatory barriers to the UK and is in full alignment with the EU Single Market and Customs Union as they apply to the Good Friday Agreement, then the fallback position of the UK government by definition is a much softer Brexit than has previously been indicated.