British Prime Minister Boris Johnson suffered a setback in the Upper House of Parliament on Monday evening over his desire to free himself from certain aspects of the Brexit deal, at the start of a new crucial week of negotiations with Brussels on their future business relationships.
After a series of votes, the Lords strongly decided to expunge from a Conservative government bill the provisions which would allow it to override some of its commitments, notably with regard to the Northern Irish protocols concluded with European Union (EU). This was one of the thorniest subjects during negotiations a year ago to find a solution which avoids the return of a physical border between the British province of Northern Ireland and the Republic of Ireland, which is part of the 27.
No sooner did the Lords vote on Monday night when a government spokesperson announced that the government would reintroduce the discarded clauses when the text returns to MPs in the House of Commons, where Boris Johnson has a very large majority. These clauses represent “a legal safety net to protect the integrity” of the internal market between Great Britain and Northern Ireland, as well as the peace process which ended three decades of violence in 1998, stressed the spokesperson in a press release.
“If the UK passes a law designed to violate international law,” “then there will be no trade deal,” Irish Foreign Minister Simon Coveney tweeted Monday evening. “The EU cannot ratify a new deal while the UK is legislating to violate a previous agreement,” he added, “trust and good faith matter”.
Denouncing a violation of the Brexit treaty, Brussels had launched an infringement procedure facing the refusal of London to withdraw the disputed provisions.
In the event of a trade deal, they would no longer be relevant, the Johnson government seeing them as insurance in the event of failure.
Irish roots
In the midst of negotiations, the eruption of this text had caused a surge of fever.
There are only a few days left in London and Brussels to try to bridge differences in their negotiations, launched after the UK officially left the European Union on January 31.
Mid-November appears to be the deadline in order to be able to ratify in time an agreement that would enter into force on 1er January 2021, at the end of the transition period put in place to allow time to negotiate an agreement.
The British bill is also a touchy subject between the Conservative leader and US President-elect Joe Biden, as London seeks to negotiate a free trade agreement with Washington.
“We cannot allow the Good Friday agreement, which brought peace to Northern Ireland, to become a victim of Brexit,” warned Joe Biden, who proudly displays his Irish roots in September.
Flexibility on fishing?
European negotiator Michel Barnier arrived in London on Monday to continue discussions, as the coronavirus crisis hits the economy hard. “We are redoubling our efforts to reach an agreement on the future,” he tweeted on Monday morning.
The envoy of the 27 identified three “keys” to unlock the negotiations, including “respect for EU autonomy and British sovereignty”.
He also stressed the need for “solid guarantees of free and fair trade and competition” and “stable and reciprocal access to markets and fishing opportunities for the benefit of both parties”.
The President of the European Commission, Ursula von der Leyen, and British Prime Minister Boris Johnson gave an update on the discussions on Saturday, noting “big differences”, in particular on fishing and the guarantees that the EU is demanding in terms of competition.
London could show flexibility on fishing, however hinted Monday the Minister of the Environment, George Eustice, evoking the possibility of agreements which “could cover two, three years for example”.
In the absence of an agreement, trade between the United Kingdom and the European Union would be governed by the rules of the World Trade Organization (WTO), synonymous with customs duties and quotas.