London Daily

Focus on the big picture.
Saturday, Mar 14, 2026

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
Middle East War Highlights Strategic Importance of Strong UK–Ireland Cooperation
Weak Growth Signals UK Economy Was Faltering Even Before Middle East Energy Shock
Marks & Spencer Tops UK Fashion Retail Rankings as Most Considered Brand
United States Launches Trade Investigation Into Allies Over Forced Labour Practices
United States Launches Trade Investigation Into Allies Over Forced Labour Practices
Russia Accuses Britain Over Storm Shadow Strike as London Reaffirms Ukraine’s Right to Self-Defence
Russia Accuses Britain Over Storm Shadow Strike as London Reaffirms Ukraine’s Right to Self-Defence
Royal Navy to Acquire Twenty Uncrewed Surface Vessels for Autonomous Warfare Testing
Russia Summons British and French Envoys After Ukrainian Storm Shadow Strike on Strategic Facility
Starmer Confirms Britain Will Maintain Sanctions on Russia Despite U.S. Policy Shift
UK Moves to Refine AI Definition in Investment Security Reform
UK Economy Stalls in January as Growth Unexpectedly Falls to Zero
Asian Energy Security Tested as Strait of Hormuz Disruption Threatens Oil Supplies
Iran Sets Three Conditions for Ending Regional War as Diplomatic Efforts Intensify
Tesla Secures Approval to Supply Electricity Directly to Homes Across Britain
Prince William Delivers Tribute to Australia’s Naval Alliance Amid Renewed Royal Spotlight on the Country
UK Foreign Secretary Travels to Saudi Arabia to Reinforce Support for Regional Allies
Putin’s ‘Hidden Hand’ May Be Assisting Iran in Conflict With Trump, UK Defence Secretary Warns
UK Sets April Deadline for Tech Platforms to Strengthen Online Protections for Children
Elon Musk Moves Into Britain’s Energy Market as Tesla Wins Licence to Supply Power
UK Watchdog Warns Fuel Retailers Against Profiteering Amid Iran War Price Surge
Report Claims Iran Used UK Charity Network to Expand Influence
United States and United Kingdom Establish Joint Standards for Counter-Drone Technology
Iran May Be Laying Naval Mines in Strait of Hormuz, UK Warns Amid Escalating Gulf Tensions
US Deploys Bunker-Buster Bombs to UK Airbase as Iran Conflict Intensifies
British Troops in Iraq Intercept Iranian Drones Targeting Coalition Base
Release of Mandelson Files Raises Tensions as UK Seeks Stable Relations With Donald Trump
UK Documents Reveal Starmer Was Warned About Mandelson’s Epstein Links Before Ambassador Appointment
Nearly Five Hundred UK Mortgage Deals Withdrawn in Two Days as Market Volatility Forces Lenders to Reprice
Three Cargo Ships Hit Near Iran as Attacks Spread to Strategic Strait of Hormuz
Why British Police Repeatedly Declined to Investigate Jeffrey Epstein’s UK Links
UK Parliament Ends Hereditary Seats in House of Lords, Closing Chapter on Centuries of Aristocratic Lawmaking
EU and UK Urge Israel to Act Against Rising West Bank Settler Violence Amid Regional Tensions
US Senator John Kennedy Says Keir Starmer Should Not Be Trusted for Military Advice Amid Iran War Debate
UK High Court Rejects Attempt to Revive Terrorism Charge Against Kneecap Rapper
Revolut Secures Full UK Banking Licence After Multi-Year Regulatory Wait
Kentucky’s Bench Boost Powers Wildcats Past LSU in SEC Tournament Opener
British Couple Die After Being Pulled From Water at Australian Beach During Family Visit
Global Energy Agency Announces Record Release of 400 Million Barrels to Stabilize Oil Markets Amid Hormuz Disruption
British Airways Suspends UK Repatriation Flights as Middle East Travel Disruption Deepens
US Forces Prepare Ordnance at RAF Fairford as Strategic Bombers Deploy for Middle East Operations
Nigel Farage Faces Criticism After Saying Britain Should Stay Out of Iran War
Landmark UK Trial Begins Over Sony’s PlayStation Store Pricing
UK High Court Rejects Bid to Challenge Britain’s Chagos Islands Agreement With Mauritius
Finnish Duo Triumphs in England’s Annual Wife-Carrying Race, Winning a Barrel of Ale
How U.S. and UK National Security Strategies Are Reshaping the Global Business Landscape
Green Party Gains Momentum as Labour Shifts Toward the Political Centre
Royal Navy Destroyer HMS Dragon Sets Sail for Eastern Mediterranean as Regional Tensions Rise
UK Homebuilder Persimmon Warns Iran Conflict Could Dent Property Buyer Confidence
Roman Abramovich Signals Legal Fight if UK Seeks to Seize Chelsea Sale Funds
×