Northern Ireland Protocol: Stubbornly controversial – from the start

British Foreign Secretary Truss plans to introduce legislation today that could suspend parts of the Northern Ireland Protocol. A new dispute with the EU is emerging. What is it about – and why is it so complicated?

What is the Northern Ireland Protocol?

With Brexit, the United Kingdom left the EU single market. Actually, there should be a border between Northern Ireland – part of the UK – and the Republic of Ireland – a member of the EU. The reason: the EU wants to protect the internal market. However, according to the 1998 peace treaty, there must not be a border on the Irish island. This Good Friday Agreement ended the riots of previous years in Northern Ireland, which left at least 3,500 people dead.

So in order to achieve both – preserve the peace treaty, protect the EU internal market, the EU and Great Britain have agreed on the Northern Ireland Protocol. Accordingly, there is a goods border in the Irish Sea. Goods from England, Wales or Scotland going to Northern Ireland are checked by British authorities’ staff, and the EU has the right to accompany these checks.

Why is the British government rejecting the protocol?

The British government argues that the Northern Ireland Protocol creates a goods border in the UK, burdens businesses and threatens peace in Northern Ireland. Some companies complain about the bureaucracy and the costs associated with the controls.

The Johnson government had announced that it would simplify border controls or even make them superfluous by digitizing the flow of goods. This should make it clear for the EU which goods remain in Northern Ireland and are not exported to the Republic of Ireland. But these plans were not realized. The extent to which trade from Great Britain to Northern Ireland is affected can hardly be statistically proven due to the lack of sufficient data.

Why is this topic coming up again?

In Northern Ireland, a new regional parliament was elected in early May. Sinn Fein won the election for the first time. She is elected by a majority of the Catholic population and advocates a union of Northern Ireland with the Republic of Ireland.

The second strongest party was the unionist DUP – it has Protestant roots. She wants to abolish the Northern Ireland Protocol. The unionist party argues that the burden on business and economic development is too great. But there are other reasons for the position. The DUP sees the danger that the Northern Ireland Protocol will create a border in the middle of the UK and thus separate Northern Ireland from Great Britain.

The DUP had previously allowed the government to collapse on condition that the Northern Ireland Protocol be scrapped. This condition still applies. The DUP is thus blocking the formation of a government in Belfast and is putting pressure on the government in London.

What happens now?

Boris Johnson visited Belfast on Monday and spoke to the parties. He’s trying to do the impossible: make it possible to form a government without breaking the protocol. Save the unity of the UK while avoiding a trade war. His political course: the protocol must be changed but not terminated.

Secretary of State Liz Truss could announce legislation today that would allow portions of the protocol to be overridden. Apparently that’s not enough for the DUP. The result would be a long stalemate: no government in Belfast, but further negotiations with the EU.