London Daily

Focus on the big picture.
Saturday, May 31, 2025

How could the Northern Ireland Brexit deal change?

How could the Northern Ireland Brexit deal change?

The government has published its Internal Market Bill, which contains measures that seek to overrule parts of the withdrawal agreement signed with the EU last year.

Known as the Brexit "divorce deal", the withdrawal agreement, which includes a section - or protocol - on Northern Ireland, is now an international treaty.

And Article 4 of the agreement says the provisions of the treaty take legal precedence over anything in the UK's domestic law.

So if any of the proposals in the Internal Market Bill that contradict the withdrawal agreement actually become law, it would breach the government's international obligations.

And that is what the Northern Ireland Secretary, Brandon Lewis, referred to when he spoke about breaking international law in a "very specific and limited way".

Breaking the law, though, is still breaking the law.

What was agreed on Northern Ireland?


The overall aim of the Northern Ireland protocol was to avoid the return of a "hard" land border between Northern Ireland, in the UK, and the Republic of Ireland, in the EU.

All sides agreed they did not want the return of border checks - or other physical infrastructure - which could become a target.

One of the solutions in the treaty was to keep Northern Ireland in the EU single market for goods, unlike the rest of the United Kingdom.


People protesting between Newry and Dundalk about a possible hard border, in March 2019


It promised to maintain unfettered access for Northern Ireland goods to the rest of the UK but also introduced new bureaucracy for trade across the Irish Sea.

So what's the problem?


The way these measures are implemented on the ground is still being negotiated by UK and EU officials - who meet in a joint committee.

But if they cannot reach agreement by the end of the transition period, on 31 December 2020, and there is no free-trade deal, that is when parts of this new proposed legislation could come into play.



For example, the protocol states companies moving goods from Northern Ireland to Great Britain (England, Scotland and Wales) would have to fill out export declaration forms.

But the Internal Market Bill would give ministers the right to overrule or ignore this part of EU customs law.

Another part of the protocol says the UK has to follow EU rules on state aid - the financial support governments give to businesses - for goods related to Northern Ireland.

But the Internal Market Bill would give ministers power to interpret what that means and says this should not be done in accordance with the case law of the European Court of Justice.

Again, that puts the UK in breach of the international treaty it signed last year.

And the text of the bill makes this intention explicit.

"Certain provisions," it says, would take effect "notwithstanding inconsistency or incompatibility" with international or other domestic law.

The government says it is just seeking to clarify the terms of the Northern Ireland protocol, to avoid disruption.

But the EU says it is trying to change parts of a recently agreed international treaty unilaterally.

And there may be more proposed powers to come.

The protocol also says the joint committee is supposed to determine which goods moving from Great Britain to Northern Ireland are "at risk" of being exported to the EU and should therefore have tariffs - taxes on imports - imposed on them.



If there is no agreement between the two sides, then the default position is tariffs would have to be paid on all goods.

But the UK has plans, which could be introduced in a finance bill later this year, to allow UK ministers to make unilateral decisions on which goods are "at risk".

For the moment, though, the attention is on the Internal Market Bill.

And it is worth remembering it has not yet become law.

Downing Street points to isolated precedents for governments breaking international law.

But none of them is directly comparable with the proposals in this bill.

"This is unique," said Lorand Bartels, an international law expert at the University of Cambridge.

"I cannot think of any other legislation that expressly states that it permits violating a treaty."

Newsletter

Related Articles

0:00
0:00
Close
Satirical Sketch Sparks Political Spouse Feud in South Korea
Indonesia Quarry Collapse Leaves Multiple Dead and Missing
South Korean Election Video Pulled Amid Misogyny Outcry
Asian Economies Shift Away from US Dollar Amid Trade Tensions
Netflix Investigates Allegations of On-Set Mistreatment in K-Drama Production
US Defence Chief Reaffirms Strong Ties with Singapore Amid Regional Tensions
Vietnam Faces Strategic Dilemma Over China's Mekong River Projects
Malaysia's First AI Preacher Sparks Debate on Islamic Principles
White House Press Secretary Criticizes Harvard Funding, Advocates for Vocational Training
France to Implement Nationwide Smoking Ban in Outdoor Spaces Frequented by Children
Meta and Anduril Collaborate on AI-Driven Military Augmented Reality Systems
Russia's Fossil Fuel Revenues Approach €900 Billion Since Ukraine Invasion
U.S. Justice Department Reduces American Bar Association's Role in Judicial Nominations
U.S. Department of Energy Unveils 'Doudna' Supercomputer to Advance AI Research
U.S. SEC Dismisses Lawsuit Against Binance Amid Regulatory Shift
Alcohol Industry Faces Increased Scrutiny Amid Health Concerns
Italy Faces Population Decline Amid Youth Emigration
U.S. Goods Imports Plunge Nearly 20% Amid Tariff Disruptions
OpenAI Faces Competition from Cheaper AI Rivals
Foreign Tax Provision in U.S. Budget Bill Alarms Investors
Trump Accuses China of Violating Trade Agreement
Gerry Adams Wins Libel Case Against BBC
Russia Accuses Serbia of Supplying Arms to Ukraine
EU Central Bank Pushes to Replace US Dollar with Euro as World’s Main Currency
Chinese Woman Dies After Being Forced to Visit Bank Despite Critical Illness
President Trump Grants Full Pardons to Reality TV Stars Todd and Julie Chrisley
Texas Enacts App Store Accountability Act Mandating Age Verification
U.S. Health Secretary Ends Select COVID-19 Vaccine Recommendations
Vatican Calls for Sustainable Tourism in 2025 Message
Trump Warns Putin Is 'Playing with Fire' Amid Escalating Ukraine Conflict
India and Pakistan Engage Trump-Linked Lobbyists to Influence U.S. Policy
U.S. Halts New Student Visa Interviews Amid Enhanced Security Measures
Trump Administration Cancels $100 Million in Federal Contracts with Harvard
SpaceX Starship Test Flight Ends in Failure, Mars Mission Timeline Uncertain
King Charles Affirms Canadian Sovereignty Amid U.S. Statehood Pressure
Trump Threatens 25% Tariff on iPhones Amid Dispute with Apple CEO
Putin's Helicopter Reportedly Targeted by Ukrainian Drones
Liverpool Car Ramming Incident Leaves Multiple Injured
Australia Faces Immigration Debate Following Labor Party Victory
Iranian Revolutionary Guard Founder Warns Against Trusting Regime in Nuclear Talks
Macron Dismisses Viral Video of Wife's Gesture as Playful Banter
Cleveland Clinic Study Questions Effectiveness of Recent Flu Vaccine
Netanyahu Accuses Starmer of Siding with Hamas
Junior Doctors Threaten Strike Over 4% Pay Offer
Labour MPs Urge Chancellor to Tax Wealthy Over Cutting Welfare
Publication of UK Child Poverty Strategy Delayed Until Autumn
France Detains UK Fishing Vessel Amid Post-Brexit Tensions
Calls Grow to Resume Syrian Asylum Claims in UK
Nigel Farage Pledges to Reinstate Winter Fuel Payments
Boris and Carrie Johnson Welcome Daughter Poppy
×