London ‘pulling back’ on activating article 16 of NI protocol

Britain has stepped back from triggering article 16 of the Northern Ireland protocol following warnings that the move could precipitate a trade war with the European Union.

Brexit minister David Frost told the House of Lords that article 16 would be Britain's only option if talks with the EU failed but he promised to continue to negotiate for a number of weeks.

“Although we have been talking for nearly four weeks, there remain possibilities that the talks have not yet seriously examined, including many approaches suggested by the UK. So there is more to do and I certainly will not give up on this process unless and until it is abundantly clear that nothing more can be done,” he said.

‘Stay calm’

Lord Frost urged the EU to “stay calm and keep things in proportion” as ambassadors in Brussels on Wednesday considered how they should respond to a unilateral suspension of the protocol under article 16. Among the options that have been discussed in European capitals is the termination of the Trade and Cooperation Agreement (TCA) agreed with Britain last year.

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Lord Frost condemned as unhelpful what he described as threats about the TCA but he said he believed a negotiated solution was possible and he rejected the suggestion that the two sides were growing apart in the negotiations.

“We have inched a little bit closer; there has been some movement, and that is good. We just are not moving together quickly enough, and the gap is still an extremely wide one. However, there has been some incremental progress,” he said.

NI’s jeopardy

Government sources in Dublin said their assessment was that the British were “pulling back for now” on triggering article 16 but said they did not believe the move was off the agenda.

“Sometimes you think that they don’t know what they’re doing,” said one source. “But I think Boris wants to calm down for a bit.”

In the Dáil, Taoiseach Micheál Martin said it would be “wrong” to trigger article 16, and warned that the access to the EU single market for Northern Ireland businesses would be jeopardised if the British government were to go ahead.

Mr Martin spoke by telephone to party leaders in Northern Ireland last night. DUP leader Jeffrey Donaldson said he had urged the Taoiseach to use Dublin’s influence in Brussels “to reach a sensible outcome which is sustainable and can command the support of unionists in Northern Ireland”.