Frost hints ECJ could play role in Brexit deal

The UK has appeared to leave room for a Brexit compromise with the EU over the role of European judges in Northern Ireland trade.

Boris Johnson’s Brexit chief Lord Frost refused to say there would be “no role, period” for the European Court of Justice (ECJ) following negotiations to “fix” the controversial Northern Ireland Protocol.

The UK has demanded that the ECJ cannot remain the sole arbiter of disputes ontradeinvolvingnorthern Ireland,whichhaseffectively remained under parts of EU law as a member of the single market for goods in order to maintain an invisible border with Ireland. It follows speculation a compromise might be found on a“swiss-style”modelwhich would create an arbitration panel to resolve disputes, whileallowingaroleforthe ECJ to rule on narrow matters of EU law if the initial process failed.

Lord Frost told MPS yesterday the UK was “not interested in arrangements which keep the (European) court in by some other name, at one remove or in some other way”. But asked if he could say there would be “no role, period” for the ECJ, he suggested the court cannot “settle” disputes.

Elsewhere Lord Frost said he wanted to ensure the Protocol is “not ultimately policed by EU institutions including the Court of Justice”. He told the Commons European Scrutiny Committee: “We can’t have the court of one of the parties settling decisions and disputes between us.”

Lord Frost also warned that the EU’S proposals to reduce Irish Sea checks on tradebetweengreatbritain andnorthernireland,oneof themainproblemswiththe deal, “don’t go far enough”.