EU and UK on brink of taking up legal cudgels over North and a hard Border
BY TOMORROW the EU and the UK could be locked in an international legal battle over the post-Brexit trade status of Northern Ireland.
That would add further to the gloom that surrounds that most dreaded topic that has haunted us for the past four and a half years since the shock referendum result on June 23, 2016.
Last year, for those of us who can remember before the fog of Covid-19, was a series of Brexit deadlines and cliff edges. It stumbled all the way along, via the advent of Prime Minister Boris Johnson and a British general election, to the UK-EU “political divorce” on January 31 last.
Now we face the “commercial divorce” Mr Johnson insists must happen on time on December 31 next. He has spurned Brussels’ offers of an extension of anything up to two years.
The process enters yet another crucial week of talks. These three days of negotiations – in Brussels this time – between EU chief negotiator Michel Barnier and his UK counterpart David Frost were dealt an advance blow yesterday.
UK Brexit minister Michael Gove was in Brussels for talks with EU Commission vice-president Maros Sefcovic. Mr Gove told Mr Sefcovic the UK had no intention of withdrawing its illegal legislation that changes the post-Brexit status of the North. So Mr Sefcovic told the London government to brace themselves for a legal fight once the Brussels deadline expires tomorrow.
“We are considering all legal options available to us,” Mr Sefcovic said.
This additional rift means talks begin today under an ominous cloud.
It has become a crazy game of chicken as both the EU and UK stand to lose hundreds of thousands of jobs and a big chunk of their income if they fail to find a compromise. Yet both have been digging in their heels, vowing not to compromise on key issues.
Everyone agrees Ireland is arguably the worst placed of all facing a bad Brexit fallout. Taoiseach Micheál Martin said again yesterday his Government was “preparing its budget in three weeks’ time on the basis that there will be a no-deal Brexit”.
He remains firmly aligned with the EU, saying Mr Johnson’s attempt to pass a law that violates the legally binding EU-UK divorce agreement had “eroded trust” and undermined confidence. The spectre of a return of the Irish Border is back again.
Mr Johnson’s defence for “technically and partially” breaking international law is his fear the EU could abuse the Withdrawal Treaty to put Northern Ireland in an economic chokehold, cut off from England, Scotland and Wales. The EU utterly rejects this and insists the full withdrawal agreement must be respected for fear it otherwise might threaten a fragile peace.
The UK and the EU jointly promised in the Brexit divorce agreement to ensure there are no customs posts or other obstacles on the Border, no matter what the final terms of Brexit. The open Border is key to the stability that underpins the 1998 Good Friday Agreement.
Mr Sefcovic warned on Monday the UK shouldn’t try to use the withdrawal agreement and its Northern Ireland provisions as “a bargaining chip” in trade negotiations.
Today’s talks will try to bridge gaps on EU fishing boats’ access to UK waters and the amount of support governments are allowed to give to businesses. The EU has accused the UK of trying to retain membership privileges without following the EU’s rules. The UK says the EU is making demands it has not placed on other countries with which it has trade deals.
Still, London maintained there was some hope a deal could be reached before or at an EU summit in mid-October, which Mr Johnson has called the deadline for a deal.
“We expect discussions to continue in the run-up to the European Council” on October 15 and 16, a UK government spokesman said.
But it all remains to be done.