Boris Johnson has been warned there is “no legal or political justification” for his plans to scrap the Brexit deal for Northern Ireland, in an extraordinary joint denunciation by the Irish and German governments.
With senior figures already warning Johnson that he was risking the collapse of the union by going ahead with the plan, German Foreign Minister Analena Berbock and her Irish counterpart Simon Coveney issued a rare joint statement condemning the UK for “unilaterally breaching an international agreement”.
Writing in the Observer, the two ministers suggested that Johnson’s determination to effectively scrap the so-called Northern Ireland Protocol, which he adopted two years ago, risks undermining the “rules-based international order” just as the continent tries to confronted the illegal actions of Russia invading Ukraine.
The two ministers say the recent Northern Ireland Assembly election, which produced a majority of pro-protocol members, showed support for the current arrangements. They add that the EU has been and will continue to be “flexible and creative” to tackle issues that have hindered trade between the region and Britain.
“Unfortunately, the British government has chosen not to engage in good faith with these proposals,” they wrote. “Instead of the path of partnership and dialogue, the British government has chosen unilateralism. There is no legal or political justification for unilaterally violating an international agreement concluded only two years ago. Introducing legislation this month will not solve the challenges surrounding the protocol. Instead, it will create a new set of uncertainties and make it more challenging to find lasting solutions.
“In these difficult times, when Russia is waging a relentless war in Ukraine, undermining our European peace order, the EU and the UK must stand together as partners with shared values and a commitment to uphold and strengthen the rules-based international order.
Leo Varadkar said the UK government’s actions were disrespectful.
“We call on the British government to withdraw from its unilateral approach and show the same pragmatism and willingness to compromise that the EU has shown. By working together – in partnership and with mutual respect – common ground can be found and challenges, however difficult, can be overcome.”
The intervention shows a coordinated effort within the EU to support Ireland in the dispute, as well as a hardening of Germany’s position on Brexit with the arrival of new German Chancellor Olaf Scholz. It will heighten fears that Johnson’s decision to press ahead with the Northern Ireland Protocol bill, which many legal experts say breaks international law, will spark a trade war with the EU as inflation continues to take a hit.
Although the UK proposals passed their final parliamentary vote last week, more than 70 Tory MPs abstained or were allowed to skip the vote. The proposals were also criticized as breaching international law by former Prime Minister Theresa May. Other senior figures who did not vote included former Northern Ireland secretaries Julian Smith and Karen Bradley, as well as Johnson’s former attorney-general Geoffrey Cox.
Some MPs are already plotting ways to stop the government from rolling out the plans, which effectively overturn the existing agreement. One plan drawn up by Sir Bob Neill, chairman of the justice committee, would give parliament a veto over whether the new powers in the bill can be rolled out.
Anger grew in Dublin after the bill was published. Leo Varadkar, Ireland’s deputy prime minister, last week accused the British government of risking the breakup of the United Kingdom with its handling of Northern Ireland. Varadkar, who is due to succeed Michael Martin as taoiseach later this year, agreed to the principles of the protocol in talks with Johnson in 2019.
Last week he said the UK government’s actions were disrespectful. “I think it’s a strategic mistake for people who want to keep the union, because if you continue to impose things on Northern Ireland that clearly the majority of people don’t want, that means more people will turn away from the union,” he said in front of the BBC. “This is a peculiar policy coming from a government that claims to want to protect the union.”
Liz Truss, the foreign secretary, said proposals made by the EU to resolve some of the trade problems created by the protocol would create more unwanted red tape.
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