A weekly round–up of the latest news relating to Covid–19 and Brexit, and the issues affecting our clients…
A weekly round–up of the latest news relating to Covid–19 and Brexit, and the issues affecting our clients…
The ramifications of the EU’s move to unilaterally impose article 16 of the Northern Ireland protocol a couple of weeks continue to reverberate. Or might that be a hard Brexit continues to prove difficult to implement without also levying substantial levels of additional bureaucracy. Either way, the substantial lack of trust between London and Brussels, Belfast and London (and Brussels) and anger from Dublin at London and Brussels has added to the already sizeable administrative difficulties in implementing the protocol successfully.
Representatives from the UK and EU met in London on Thursday this week in talks described as “frank but constructive”. Though repeated statements of good will and collaborative working can become quite grating, such a sentiment was by no means guaranteed after the EU’s recent actions and those of the UK last year, with the UK Internal Market Bill one example. Some businesses have managed to cope with the changes with substantial planning ahead of time and others see Northern Ireland’s dual market access as a potential selling point. For the remainder, it’s not hard to see that the very minimal notice of new systems, not helped by vague and sometimes misleading statements from ministers, was going to cause difficulties. The President of the Ulster Farmers’ Union said this week that GB–NI trade under the Protocol is “neither completely unfettered not free” but could be made to work through “good will”, a thought many might share. The UK can show goodwill by speeding up the sharing of data while the EU can move to simplify processes and acknowledge the very unique situation in Northern Ireland. Most importantly for all concerned, there is no alternative and the imperative to make the agreement work is paramount.
Opponents of the DUP have argued they have failed to take lessons from recent times by using the latest furore to push for the maximalist position of disposing of the protocol entirely. The First Minister has been in a struggle for some time with the more hard–line elements in her own party and there is now a perception in London that she is pivoting under threat from the TUV. Now, the TUV are not to the DUP what the DUP were to the UUP, but there are real choices to be made that will have profound effects for the future of Unionism in Northern Ireland. Former First Minister Peter Robinson set them out partially, arguing that you cannot argue for the abandonment of the protocol while at the same time implementing it. In fact, a more pragmatic approach could provide a progressive and positive outcome, politically as well as in reality. That’s because, when it comes to solutions and understanding at the EU–UK table, there is as much ignorance in Brussels as there is anywhere else. Sinn Féin’s Chris MacManus MEP addressed an empty chair this week in Brussels, ironically, though not intentionally, asking about Northern Ireland’s democratic deficit in the EU. The question had been levelled at the European Commission President, Ursula von der Leyen, though she had left the chair to give interviews instead. Even after she returned, von der Leyen still did not address the issue. Solutions, not new problems, are necessary. Delivering those can have electoral benefits too.
Elsewhere, the Finance Minister Conor Murphy enjoyed a short tit for tat with Viscount Younger, a Government Whip in the House of Lords. The Finance Minister wrote to the Conservative peer requesting that he correct the record following a statement which said additional funding for Northern Ireland, received from the Treasury, should allow the Executive to afford the victims’ pension. Younger responded, rejecting the request, saying adequate resources remained available. Unfortunately, what in isolation can be viewed as a typical spat between central and devolved government, the issue in question, though perhaps typical of politics in Northern Ireland, is not a laughing matter. Sadly, though this exchange of letters was brief, the stand–off between Belfast and London over who should fund the pensions has been long running. Northern Ireland’s Court of Appeal has now ruled that the Executive is under a legal duty to fund a pension for people badly injured in the Troubles. For the time being, neither the Executive nor the Northern Ireland Office appear willing to move past the present difficulties and deliver a solution.
In ROI, Taoiseach Micheál Martin had said this week that he was “amused” by the speculation around any potential trip and that if he was invited, he would go. However, the White House has said it has held ‘limited’ public events during the Presidency of Joe Biden and has declined to say whether there is an invite for the Taoiseach to attend this St Patrick’s Day. Plans are now being put in place to mark the occasion virtually. The Taoiseach also said the Government is looking at a continuation of a high level of restrictions to the Easter period. The Government is revising the Living with Covid Plan, with the week commencing 20 February slated to bring new clarity.
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