Britain's Brexit minister David Frost has rejected reports that he is softening in his approach to talks on the Northern Ireland protocol, telling the House of Lords he could trigger Article 16 at any time. He also dismissed speculation that he would invoke the article in the most limited way to extend current grace periods.
“The current situation in Northern Ireland, with various grace periods and other easements in the implementation of the protocol, is nevertheless generating tensions and difficulties, and that the full implementation of the protocol, were that ever to be required, would generate even more difficulties. I think it is correct to think that if we use article 16 and safeguards it will be to improve the situation over the one that we have now.”
Lord Frost was speaking ahead of a meeting on Friday with European Commission vice-president Maros Sefcovic to take stock of progress towards an agreement on access to medicines in Northern Ireland and simpler rules for goods crossing from Great Britain.
EU member states this week postponed a discussion of possible retaliatory measures if Britain triggers article 16 after Mr Sefcovic reported a “change of tone” in the negotiations.
“Whatever the messages to the contrary that the EU may think it has heard or read, our position has not changed,” said Lord Frost.
“We would prefer to reach a negotiated agreement if we can. That is the best way forward for the stability and prosperity of Northern Ireland, but I want to be clear that, as the responsible minister, I would not recommend any outcome from the negotiations that I did not believe safeguarded political, economic or social stability in Northern Ireland. In such circumstances we obviously would need to provide the necessary safeguards using article 16.”
Lord Frost said the British government would proceed on the basis of “predictability, certainty and clarity”, noting that there is a one-month process of consultation between notification and activation of article 16.
Oversight
He appeared to soften his tone on the role of the European Court of Justice (ECJ) in the protocol, which the EU says is essential if Northern Ireland is to have access to the European single market.
Last month he said that the court should no longer have a role in the oversight of the protocol, adding that the fundamental problem was that EU law applied to Northern Ireland under the agreement. On Thursday he told the Lords that he only wished to remove the court as the arbiter in disputes between the EU and Britain.
“The EU defines the court of justice as the final arbiter of what EU law means. We do not challenge that, and cannot do anything about it. For as long as EU laws apply in Northern Ireland, no doubt the court will continue to assert that right, but that is not the same as saying that it is reasonable for disputes to be settled in the court or for infraction processes to be launched by the Commission, as they already have been in this context. It is the settlement of disputes that is the difficulty,” he said.
