Dominic Walsh

Boris Johnson’s Brexit deal: eight key changes

The UK Government and the European Commission today published the text of a revised Protocol on Northern Ireland, coming just in time for the start of today’s European Council Summit. The Government also released a unilateral declaration concerning the operation of the ‘consent mechanism’ contained in the new Protocol on Ireland and Northern Ireland.

The new deal is different in both concept and substance to Theresa May’s deal – and to the EU’s original proposal for a Northern Ireland-only backstop. In fact, in many ways the new arrangements for Northern Ireland are more of a “front-stop” than a “backstop” – rather than an insurance policy which both sides want to avoid, they would come into effect immediately after the transition period.

I have produced a “track change” piece, available here, which compares the new Protocol line-by-line to the backstop negotiated by Theresa May. Below is a summary of the key changes.

Objectives and relation to future relationship: major change

May’s Protocol emphasised from the start that the arrangement was temporary, but would last “unless and until” it was superseded by a subsequent agreement. The Johnson Protocol, on the other hand, does not.

This is because it is arguably not a “backstop” at all – it is more of a “front-stop”, to apply immediately after the transition period. Exiting the arrangements is tied not to the development of alternative arrangements, but to the consent of the Northern Ireland Assembly. (There is a reference in Article 13(8) to the backstop being superseded “in whole or in part” by subsequent agreement, but this is no longer an “objective” of the Protocol).

Customs territory: major change

Northern Ireland remains in the UK’s customs territory, not that of the EU. This is a change from the May deal, which left Northern Ireland in the EU’s customs union whereas the rest of the UK was in a customs union with the EU.

In theory, this allows Northern Ireland to benefit from FTAs the UK strikes with other countries – but only if this does not contradict the functioning of the Protocol.

Customs and movement of goods: major change

The “single customs territory” that was at the centre of the May backstop has gone, and is replaced by a complicated “dual tariff” arrangement that would apply to Northern Ireland alone.

Goods entering Northern Ireland from Great Britain would be subject to EU tariffs and customs checks, but only if there was a “risk” that the good would go on to enter the EU.

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