London Daily

Focus on the big picture.
Thursday, Oct 22, 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
Department for Science, Innovation and Technology Commits Fifty Million Pounds to Establish Regional Artificial Intelligence Innovation Clusters
Ofgem Directs Major Energy Suppliers to Expand Vulnerable Household Support Funds Ahead of Winter Heating Season
Home Office and National Police Chiefs Council Unveil New Intelligence-Led Strategy to Tackle Organised Immigration Crime Networks
First Minister John Swinney Secures Scottish Parliament Approval for Comprehensive Climate and Green Energy Infrastructure Strategy
National Health Service England and Trades Union Congress Finalize Agreement on Emergency Winter Staffing and Pay Frameworks
HM Treasury and Department for Business and Trade Announce Multi-Billion-Pound Sovereign Investment Pact to Spur Regional Advanced Manufacturing
Bank of England Governor Andrew Bailey Signals Potential for Faster Interest Rate Cuts as Domestic Inflation Pressures Ease Below Forecasts
Parliamentary Inquiry Highlights Urgent Need to Address Housing Shortage as Scottish Completions Hit Eleven-Year Low
United Kingdom and Singapore Sign Comprehensive Financial Agreement to Deepen Digital and Sustainable Market Ties
Greggs Announces Plan to Close Four Manufacturing Facilities and Cut Seven Hundred and Forty Jobs
International Monetary Fund Raises United Kingdom Economic Growth Forecast While Warning of Inflationary Pressures
Energy Security and Net Zero Committee Urges Government to Shift Policy Costs Onto Gas to Lower Household Bills
Housebuilding Across Scotland Plummets to Eleven-Year Low Despite Government Pledges to Tackle National Housing Emergency
Greggs Announces Factory Closures Across Northern England and Scotland Affecting Seven Hundred Forty Jobs
United Kingdom and Singapore Conclude Eleventh Financial Dialogue in Singapore to Deepen Cooperation on Digital Finance and Capital Markets
Energy Security and Net Zero Committee Urges Government to Shift Policy Costs to Gas Bills and Tap Windfall Profits to Lower Consumer Prices
British Broadcasting Corporation Announces Major Cost-Cutting Overhaul to Close Linear Broadcast Services for Television Channels BBC Three and BBC Scotland Alongside Digital Radio Station BBC Radio Four Extra
London Capital Markets Face Renewed Scrutiny After High-Profile Offerings Underperform Post-Listing
Green Party Wins Historic First Westminster Parliamentary By-Election in Gorton and Denton
Environment Secretary Emma Reynolds Unveils Sweeping Regulatory Overhaul for English Water Industry
United Kingdom Health Security Agency Confirms Thirty-Four Cases in Kent Meningitis Outbreak
Ministry of Defence Prepares Heat Pump Subsidy Cuts to Fund Urgent Military Modernization
British and European Union Officials Schedule Long-Awaited Bilateral Leaders Summit for November Twentieth
Bank of England Governor Andrew Bailey Urges Strict Fiscal Credibility to Protect British Bond Markets
United Kingdom Inflation Rises to Three Point One Percent Driven by Escalating Fuel Costs
Profit Warnings Among London-Listed Companies Reach Two-Year High Amid Global Energy Shocks
Chancellor John Healey Signals Targeted Tax Changes on Banks and London Corporate Offices Ahead of Budget
British Government Reallocates Twenty-Five Per Cent of International Climate Finance to Global Biodiversity Projects
Initial British Carbon Border Taxes Set to Undercut Parallel European Union Tariffs on Industrial Imports
Whitehall Prepares National Zero-Interest Loan Initiative to Accelerate Domestic Heat Pump and Solar Adoption
European Union Offers British Automakers Access to Hybrid Vehicle Trade Protections Subject to Strict Regulatory Alignment
British Probation Officers Threaten Widespread Industrial Action After Rejecting Five Per Cent Government Pay Offer
Microsoft Abandons Major British Artificial Intelligence Data Centre Citing Severe National Grid Power Constraints
United Kingdom Inflation Accelerates to Three Point Four Per Cent Ahead of Chancellor John Healey's Inaugural Autumn Budget
Surging Cloned Number Plates Severely Complicate Traffic Enforcement and Police Investigations
Mounting Opposition Challenges Planned Rollout of Autonomous Taxis Across London
Influential Think Tank Urges Rejoining European Union to Navigate Geopolitical Crises
Government Review Recommends Slashing Benefits to Fund Youth Employment Initiatives
Senior Minister Shabana Mahmood Seeks New Law Enforcement Pact With European Union
Airbus Executive Warns Britain Risks Losing Crucial Role in European Space Industry
Exorbitant Electricity Costs Push British Steelmakers to Worst Competitive Position in Three Years
British Food and Beverage Exports to European Union Collapse by Over a Third Since Brexit
Up to Twenty English Maternity Units Face Impending Closure Due to Safety and Staffing Crises
Government Declares Severe Drought Across Southern England Following Record Dry Spell
Corporate Profit Warnings Reach Two-Year High Amid Middle East Conflict and Rising Costs
International Monetary Fund Warns Chancellor John Healey Against Proposed Bank Tax Raid
Northern Ireland Secures Favorable Agricultural Export Agreement with European Union
Scottish Government Approves Major Offshore Floating Wind Farm Near Aberdeenshire
High Speed Two Rail Project Faces Three Billion Pound Cost Escalation on Initial Phase
National Health Service Warns of Winter Capacity Crisis Across English Hospitals
×