Saturday 23 July 2022

EU - legal proceedings against UK

Brexit has consequences:

One consequence of Brexit is that borders have become exactly that - borders  - with passport checks required to cross from the UK to France - Huge queues at Dover for people travelling to France - CBBC Newsround.

Let it be remembered that the Brexit supporters wanted UK control of "money, laws and borders." 

Attempts to place the blame elsewhere - here is an example of an attempt to blame the French interior Minister - ought to be regarded as stupidity. The hard fact

is that UK is now having to live with the consequences of the Brexit decision and the hard way in which it was achieved.

The likelihood of problems at ports such as Dover was foreseen and it is worth noting that, in 2020, the British government was offered but rejected a £33m proposal to double the capacity for French passport checks at Dover.

The coronavirus pandemic brought in travel restrictions. Their removal is a principal reason why Dover is now experiencing very high demand.

Withdrawal Agreement:

The Withdrawal Agreement was signed by Prime Minister Boris Johnson in January 2020 -The EU-UK Withdrawal Agreement | European Commission (europa.eu) - Brexit: Boris Johnson signs withdrawal agreement in Downing Street - BBC News

The Withdrawal Agreement was ratified by both parties. Ratification is the process by which parties agree to be bound, in international law, by a treaty.

Ratification by the UK occurred with the enactment into domestic law of the European Union (Withdrawal) Act 2020 which received Royal Assent on 23 January 2020.

Nobody ought to be misled by the use of the word Agreement. It is a treaty binding both the UK and the EU in international law. 

Northern Ireland Protocol:

The Northern Ireland Protocol is an integral part of that agreement. It is NOT some sort of optional extra: it is, as stated, an INTEGRAL part of the withdrawal agreement.

Article 12(4) of the Northern Ireland Protocol provides for the Court of Justice of the EU to have certain specified jurisdiction.

The Northern Ireland Protocol Bill (NIPB) was introduced to the House of Commons and has now completed its passage through that House. It has yet to pass the House of Lords.

This NIPB is a government Bill sponsored by the Foreign, Commonwealth and Development Office which is headed by Elizabeth Truss MP who is one of the two remaining candidates for the position of Conservative Party Leader and, in consequence, Prime Minister. The other candidate is Rishi Sunak MP - the current Chancellor of the Exchequer.

The aim of the Bill is made clear by Clause 1 - Northern Ireland Protocol Bill (HL Bill 52) (parliament.uk). It will provide that "certain specified provision of the Northern Ireland Protocol does not have effect in the United Kingdom." It will also enable Ministers to provided that "other provision" of the Protocol does not have effect in the UK.

Legal proceedings:

The EU Commission has commenced various infringement proceedings as permitted by Article 12(4) of the Protocol. The proceedings claim that the UK has infringed the Northern Ireland Protocol and the Commission has published details of the proceedings - (see link below).

I am not going to try to predict the consequences for the national economy of this situation save to note that they could prove to be extremely damaging. 

The EU's representative Maroš Šefčovič  states -

"The EU and the UK must work together to address the practical problems that the Protocol creates in Northern Ireland due to Brexit. I am still convinced that with genuine political will to make the Protocol work, we can reach our objectives. I call on my UK counterparts to engage in good faith and explore the full potential of the solutions we have put forward. Only joint solutions will create the legal certainty that people and businesses in Northern Ireland deserve.”

A further consequence of the UK government's actions in this area could be that the UK's international standing as a nation to be trusted in its international dealings is seriously damaged. That could have consequences in many other areas far beyond UK-EU relations.

The hope has to be that some sense will prevail and that politicians will get down to, at the very minimum, sorting out the Northern Ireland Protocol issues. Regrettably, given the two candidates in the running for the Prime Ministership, I have my doubts.

From the EU Commission website:

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