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Farm Business
Politics, Covid19 and Brexit
The NI/ROI Protocol
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<blockquote data-quote="nivilla1982" data-source="post: 8136880" data-attributes="member: 45400"><p>"The attorney general, Rt Hon Geoffrey Cox QC, in his legal advice to the prime minister on November 13 2018 clearly set out the position with regard to Theresa May’s backstop proposal.</p><p></p><p>He stated, “Northern Ireland will remain in the EU’s single market for goods and the EU’s customs regime, and will be required to apply and to comply with the relevant rules and standards. These include over 300 different legal instruments ...The implications of NI remaining in the EU single market for goods, while GB is not, is that for regulatory purposes GB is essentially treated as a third country by NI for goods passing from GB into NI. This means regulatory checks would have to take place between NI and GB...”</p><p></p><p>This present equivalent ‘regulatory’ Irish Sea border remains the source of the majority of the present practical and constitutional issues and the potential issues when further grace periods come to an end. Potentially this would have been exactly the same with Theresa May’s backstop.</p><p></p><p>The customs arrangements contained in Theresa May’s protocol involved the UK as a whole forming a customs territory with the EU, though as the attorney general concedes, “The arrangements as a whole will apply differently in GB and NI. … NI remains in the EU’s Customs Union, and will apply the whole of the customs acquis.” Even with these arrangements, in the words of the attorney general, “Goods passing from GB to NI will be subject to a declaration process.”</p><p></p><p></p><p>It is apparent that Theresa May’s protocol involved regulatory checks, a declaration process for goods passing from GB to NI, and Northern Ireland remaining subject to over 300 different EU legal instruments."</p><p></p><p>This is not consistent with stating that her arrangements would have avoided a border in the Irish Sea.</p><p></p><p>Incidentally the DUP voted against May's Deal on all three occasions and on Johnson deals as reflected in the Hansard/Divisions records. </p><p></p><p>[URL unfurl="true"]https://hansard.parliament.uk/Commons/2019-01-15/division/B975E889-89F5-42D3-9C18-7562AFD1977C/EuropeanUnion(Withdrawal)Act?outputType=Party[/URL]</p><p>[URL unfurl="true"]https://hansard.parliament.uk/Commons/2019-03-12/division/4F5EA64F-7278-4AA4-BB58-E7FE3B3EF1A3/EuropeanUnion(Withdrawal)Act?outputType=Party[/URL]</p><p>[URL unfurl="true"]https://hansard.parliament.uk/Commons/2019-03-29/division/B6052BBD-43BE-4A30-8365-E3A8B108009E/UnitedKingdom%E2%80%99SWithdrawalFromTheEuropeanUnion?outputType=Party#party-yesConservativeAyes[/URL]</p><p>[URL unfurl="true"]https://hansard.parliament.uk/Commons/2020-12-30/division/731B8598-3E20-46FF-B260-1EF9F1A2873C/EuropeanUnion(FutureRelationship)Bill?outputType=Party[/URL]</p></blockquote><p></p>
[QUOTE="nivilla1982, post: 8136880, member: 45400"] "The attorney general, Rt Hon Geoffrey Cox QC, in his legal advice to the prime minister on November 13 2018 clearly set out the position with regard to Theresa May’s backstop proposal. He stated, “Northern Ireland will remain in the EU’s single market for goods and the EU’s customs regime, and will be required to apply and to comply with the relevant rules and standards. These include over 300 different legal instruments ...The implications of NI remaining in the EU single market for goods, while GB is not, is that for regulatory purposes GB is essentially treated as a third country by NI for goods passing from GB into NI. This means regulatory checks would have to take place between NI and GB...” This present equivalent ‘regulatory’ Irish Sea border remains the source of the majority of the present practical and constitutional issues and the potential issues when further grace periods come to an end. Potentially this would have been exactly the same with Theresa May’s backstop. The customs arrangements contained in Theresa May’s protocol involved the UK as a whole forming a customs territory with the EU, though as the attorney general concedes, “The arrangements as a whole will apply differently in GB and NI. … NI remains in the EU’s Customs Union, and will apply the whole of the customs acquis.” Even with these arrangements, in the words of the attorney general, “Goods passing from GB to NI will be subject to a declaration process.” It is apparent that Theresa May’s protocol involved regulatory checks, a declaration process for goods passing from GB to NI, and Northern Ireland remaining subject to over 300 different EU legal instruments." This is not consistent with stating that her arrangements would have avoided a border in the Irish Sea. Incidentally the DUP voted against May's Deal on all three occasions and on Johnson deals as reflected in the Hansard/Divisions records. [URL unfurl="true"]https://hansard.parliament.uk/Commons/2019-01-15/division/B975E889-89F5-42D3-9C18-7562AFD1977C/EuropeanUnion(Withdrawal)Act?outputType=Party[/URL] [URL unfurl="true"]https://hansard.parliament.uk/Commons/2019-03-12/division/4F5EA64F-7278-4AA4-BB58-E7FE3B3EF1A3/EuropeanUnion(Withdrawal)Act?outputType=Party[/URL] [URL unfurl="true"]https://hansard.parliament.uk/Commons/2019-03-29/division/B6052BBD-43BE-4A30-8365-E3A8B108009E/UnitedKingdom%E2%80%99SWithdrawalFromTheEuropeanUnion?outputType=Party#party-yesConservativeAyes[/URL] [URL unfurl="true"]https://hansard.parliament.uk/Commons/2020-12-30/division/731B8598-3E20-46FF-B260-1EF9F1A2873C/EuropeanUnion(FutureRelationship)Bill?outputType=Party[/URL] [/QUOTE]
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The NI/ROI Protocol
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