Katy Balls Katy Balls

The next Brexit battle is here

Can Britain fix the Protocol?

The government will today reveal its plans to unilaterally rewrite parts of the Northern Ireland Protocol. Depending on who you speak to, this is either a necessary step in protecting the Good Friday agreement or a breach of international law set to damage the UK’s standing on the world stage. The details of the bill have been subject to government wrangling over the past week. Liz Truss sided with backbench members of the European Research Group of Tory Brexiteers to toughen up the bill while ministers including Michael Gove and Rishi Sunak argued for a more cautious approach.

One of the problems for Johnson is that figures in Brussels look at the confidence vote and wonder if they should hold out in the hope of a new leader

When the bill is published this afternoon, the expectation is that it will end the role of the European Court of Justice in policing the role of the Protocol (a key demand of Brexiteer backbenchers). It will propose a lane system, whereby British goods staying in Northern Ireland will be waved through. There are also reports that it will give ministers reserve powers to override other parts of the Protocol in emergency circumstances – an idea that’s already receiving criticism.

The problem with all of these changes is that the EU has not agreed to them – and Brussels insist there are no plans to do so. If the bill comes into law, expect retaliation. EU diplomats have hinted this could see the entire Brexit trade deal suspended. Even if they don’t go this far, it could soon become a legal dispute.

In order to try to avoid this, No. 10 is keen to avoid fighting talk. The Attorney General is reported to have given her legal backing to the plans.

Already a subscriber? Log in

Keep reading with a free trial

Subscribe and get your first month of online and app access for free. After that it’s just £1 a week.

There’s no commitment, you can cancel any time.

Or

Unlock more articles

REGISTER

Comments

Don't miss out

Join the conversation with other Spectator readers. Subscribe to leave a comment.

Already a subscriber? Log in