London Daily

Focus on the big picture.
Thursday, Nov 05, 2026

EU to tell Frost Brexit talks will fail unless he ditches ECJ demand

EU to tell Frost Brexit talks will fail unless he ditches ECJ demand

Concerns grow that Boris Johnson has already decided to trigger article 16 of Northern Ireland protocol
The EU’s Brexit commissioner will tell David Frost that negotiations over Northern Ireland are doomed to fail unless he drops an “unattainable” demand over the role of the European court of justice.

At a meeting in London on Friday, Maroš Šefčovič will warn the UK’s Brexit minister, Lord Frost, that Downing Street needs to “take a step” towards the EU for the talks to be “meaningful”.

There is growing concern in Brussels that Boris Johnson has already decided to trigger article 16 of the protocol on Northern Ireland in the coming weeks in order to suspend the post-Brexit arrangements and impose his own vision.

Brussels is preparing a “ladder” of retaliatory options, up to suspending the trade deal agreed last Christmas Eve, while seeking to convince the UK of the virtues of its approach.

“We think that the objectives set out by the UK are unattainable,” said a senior EU official. “The UK position is that the role of the EU’s institution needs to go … As long as that remains the UK position, I don’t see what we can do.”

The talks over the post-Brexit arrangements for Northern Ireland are in their fourth week. A protocol in the withdrawal agreement Johnson signed keeps Northern Ireland in the single market and draws a customs border down the Irish Sea in order to avoid a hard border on the island of Ireland.

In October, the EU offered to drastically reduce the number of checks on goods coming from Great Britain to Northern Ireland in recognition of the political and economic disruption being caused. But the UK is insisting that the protocol needs a more fundamental redrafting including the removal of the European court of justice from its role as arbiter of EU law.

Brussels has countered that Northern Ireland cannot maintain single market access without the ECJ remaining as the chief arbiter of EU law.

“The UK wants us to engage in intensive talks and we are happy to do so,” an EU official said before Friday’s meeting. “But then the UK must take a step towards us to ensure that the talks are meaningful. If the UK wants these discussions to succeed, then the major step that we took on 13 October needs to be reciprocated. On questions around governance and the court of justice we have always made clear that we think that the objectives set out by the UK are unattainable.”

Brussels believes the UK is being too dogmatic in its approach, raising concerns about the sincerity of the prime minister’s desire to find a solution.

EU officials point to attempts to answer concerns over the collection of VAT in Northern Ireland. Downing Street has complained that evolution in the EU law book that applies in Northern Ireland could put traders there at a disadvantage compared with those based in the rest of the UK.

An EU official said: “There is a specific provision in the protocol, which gives a role to the joint committee for finding solutions where the application of VAT principles under the protocol creates issues in Northern Ireland. It’s one of the sub-paragraphs of article eight.

“On that point, for example, we say why don’t we use the mechanisms specifically provided for in the protocol to see how far we can go. And yet the UK having never tried that calls for a radically different approach to VAT which would require a renegotiation of the protocol.”

France’s EU affairs minister, Clément Beaune, suggested Northern Ireland had been benefiting from its access to both the EU and single market, describing Brexit as “a failure” instead for the rest of the UK.

He said on Thursday: “Brexit is a failure, it’s clear … Brexit has an impact on the British economy more negative than Covid, it’s written black and white.

“We’ve seen the shortages taking place in Great Britain, the problems in Northern Ireland are better because they have access to the European market.”

Speaking in the House of Lords on Wednesday, Frost urged the EU to “keep calm”. “In my view, this process of negotiations has not reached its end,” he said. “Although we have been talking for nearly four weeks, there remain possibilities that the talks have not yet seriously examined, including many approaches that have been suggested by the UK.”

The Labour party called on Johnson to reach a deal with the EU over the Northern Ireland protocol and end the “poison of division” it says the government has provoked.

The shadow Northern Ireland secretary, Louise Haigh, said the Conservative party had been “reckless” in its approach to Northern Ireland, where a fragile peace has held for more than 20 years.

In a speech to the Senator George J Mitchell Institute for Peace in Belfast, she urged the prime minister not to provoke “further poisonous instability” in the weeks ahead.

Haigh said: “The Conservatives’ reckless custody of the Good Friday agreement has sown division and undermined stability. This is not a partisan point, nor one that gives me any satisfaction. Peace in Northern Ireland is too precious to be a plaything of partisan politics.

“The Labour party recognises and pays tribute to the work done by John Major, who helped lay the ground for the Good Friday agreement. But we cannot ignore the damage that has been done.”
Newsletter

Related Articles

0:00
0:00
Close
United Kingdom and Caribbean Nations Agree to Establish Formal Diplomatic Dialogue Following Reparations Discussions
Cambridge University Appoints Senior Barrister to Lead Independent Review into Death of Academic Jason Arday
Historic Hastings Castle and Kent Dickens Chalet Added to National Heritage at Risk Register Amid Deterioration Concerns
Incoming British Ambassador to Japan Calls for Deepened Bilateral Cooperation on Artificial Intelligence and Semiconductors
Milburn Review Urges Employment Revolution to Unlock Workforce Opportunities for Young Disabled Britons
British Healthcare Worker Evacuated from Democratic Republic of Congo to United Kingdom Following Ebola Exposure
United Nations Refugee Agency Criticises Government Proposal for Thirty-Year Earned Settlement Pathways for Asylum Seekers
Parliamentary Inquiry Warns United Kingdom Remains Exposed to Chinese Critical Mineral Dependencies
Bank of England Prepares Interest Rate Decision as Inflation Pressures Prompt Expectation of Four Percent Benchmark
Department for Business and Trade Overhauls Protection Standards for Digital Animation and Moving Image Files
Intellectual Property Office Introduces Thirty-Month Grace Period for International Product Launches
Intellectual Property Office Targets Anti-Competitive Filings With New Powers to Verify Novelty Before Registration
Creative Industries Minister Ian Murray Praises Regulatory Reforms to Safeguard Small Businesses and Micro-Enterprises
Government Unveils Major Design Framework Overhaul to Protect British Creators and Boost Economy
Global Asset Management Reports Surge in British Dividend Payouts Driven by Strong Financial and Mining Sectors
HM Treasury Confirms Strongest Group of Seven Growth Figures as Fiscal Consolidation Plans Progress
Department for Energy Security and Net Zero Approves Construction of New North Sea Offshore Wind Hub
Northern Ireland Executive Finalizes Public Sector Pay Agreements Following Months of Inter-Agency Negotiations
Welsh First Minister Eluned Morgan Secures Cross-Party Support for Regional Clean Energy Infrastructure Bill
Competition and Markets Authority Launches Formal Investigation Into Dominant Artificial Intelligence Cloud Partnerships
United Kingdom Foreign Secretary David Lammy Concludes High-Level Diplomatic Mission to Washington and Ottawa
Scottish Government Announces Emergency Housing Investment Package to Address Escalating Urban Homelessness
Chancellor Rachel Reeves Finalizes Corporate Tax Adjustments Ahead of Upcoming Business Investment Summit
National Health Service England Unveils Emergency Winter Resilience Plan to Combat Projected A&E Overcrowding
Bank of England Monetary Policy Committee Votes to Hold Base Interest Rate Steady at Four Point Seven5 Per Cent
UK Gross Domestic Product Expands by Zero Point Four Per Cent in Third Quarter Driven by Resilient Services Growth
Northern Ireland Executive Agrees on Multi-Year Public Sector Pay Restructuring Framework at Stormont
Department for Transport Confirms Acceleration of Electric Vehicle Charging Infrastructure Rollout Along Strategic Motorways
Welsh Government Announces Emergency Funding Package to Support Agricultural Sector Facing Severe Weather Impacts
High Court Rules in Favor of Environmental Coalition Over Government Carbon Reduction Plan Deficiencies
Office for National Statistics Reports Stable Retail Sales Growth Supported by Strong Digital Commerce Volumes
Scottish First Minister John Swinney Secures Cross-Party Support for Renewable Energy Export Expansion
National Health Service Digital Reports Major Breakthrough in Reducing Elective Waiting Lists Across England
Chancellor Rachel Reeves Outlines Infrastructure Spending Reforms to Boost Regional Economic Growth Across Northern England
Bank of England Holds Baseline Interest Rate at Five Percent Amid Persistent Core Inflation Pressures
House of Lords Advances Representation of the People Bill to Modernize Electoral Law Ahead of General Election
Financial Markets and Private Equity Assess Tax and Corporate Realignment Following Recent Chancellor Budget Adjustments
Justice Committee Warns Legal Aid Is a Service in Managed Decline Due to Inadequate Government Funding Responses
Royal Navy Intercepts Russian Intelligence Vessel and Warships Across Intensive North Sea Operations
Business and Trade Committee Slams Government Policy on China as Fragmented and Lacking Strategic Direction
Home Secretary Shabana Mahmood Softens Immigration Plans Following Intensive Cabinet Backlash Over Settlement Timelines
Automotive Industry Data Reveals Continued Acceleration in Battery Electric Vehicle Registrations Across British Dealerships
High Court of England and Wales Rules on Landmark Legal Challenge Regarding Local Government Housing Mandates
Department for Energy Security and Net Zero Approves Expanded Offshore Wind Infrastructure Along Scottish Coastline
Competition and Markets Authority Launches Broad Investigation Into Artificial Intelligence Infrastructure and Cloud Partnerships
United Kingdom and European Union Launch High-Level Preparations for Bilateral Defense and Security Summit in Brussels
National Health Service England Unveils Emergency Workforce Reforms to Alleviate Winter Accident and Emergency Pressures
Chancellor Rachel Reeves Finalizes Autumn Budget Adjustments to Meet Fiscal Rules and Fund Public Services
Bank of England Prepares for Interest Rate Decision Amid Rising Bond Yields and Inflationary Pressures
House of Lords Begins Detailed Legislative Scrutiny of Representation of the People Bill and Cyber Security Laws
×