At DexEU ctte @hayward_katy tells Sammy Wilson her view is that the backstop could not be seen as a change to NI's constitutional status. Though adds that it raises 'interesting questions about governance' post-Brexit.
Mr Wilson says this is 'dancing on the head of a pin' & reckons this breaches principle of consent. Dr Hayward disagrees - principle of consent is about NI becoming part of a united Ireland.
She refers to the specialised committee mentioned in the Irish protocol as a way in which NI could be represented, possibly in a 'decision shaping role' in specific areas.
Stephen Timms asks what would happen in no deal if UK took unilateral decision not to enforce the Northern Ireland border.
And what about the Irish govt decided not to enforce who long could that carry on for? Dr Hayward reckons Irish side, in particular, would be expected to enforce a customs border, obliged by the UCC.
From Open Europe @dcshiels says UK could maybe continue for months without checks as WTO enforcement processes take time. There would be debate between Ireland & EU about what would happen in those circumstances.
He reckons lack of Exec is a vicious circle. Brexit makes it harder to get an Exec back. Lack of an Exec makes it harder to formulate NI policy on Brexit.
What about role of Exec in a backstop? Dr Hayward says NI Exec doesn't have competency in international relations/ treaty making. That's a reserved power.
David Shiels asked some soft ball questions about Open Europe report which said no deal would have negligible impact on UK economy (he didn't write this report).
Note: That report, among other things, does not factor in the one-time costs of erecting a possible customs border control between Ireland and Northern Ireland.
We're now into a digression on the Irish Language Act & the deal that wasn't.
JRM notes that UK legislation now prevents infrastructure border. He's also into WTO provisions on borders.
We're spending quite a long time establishing that tariff collection doesn't require physical infrastructure. This cannot possibly be news to anybody.
Dr Hayward says there is 'considerable confusion here' about why there might need to be border checks. Not just about tariffs.
We're into WTO procedures if another WTO member complains about a specifically favourable treatment for Ireland. (I feel like the ctte should have invited a WTO expert for some of these questions.)
Pat McFadden asks if the backstop could put us in a 'cold house for unionists' situation.
Now the various NI business/ trade groups are up before the committee.
@ManufacturingNI talking about contingency planning with some firms buying facilities in Donegal & Mayo. But most people still waiting to see .
Declan Billington says still a lot of confusion about what the backstop is but real fear of no-deal particularly in the dairy sector. Much of the processing capacity across the border.
Sheep breeders also concerned whether they will still have EU market access next year (as @collettasmith explained yesterday)
Big firms being asked by EU customers - how are you servicing us in April. Mr Billington says he's 'shocked' that anybody would think no deal would not have consequences for NI economy. Bemoans two wasted years.
He says NI businesses applying for AEO are having to deal with HMRC in GB as local office can't deal with it. Nine to 12 month backlog.
Mr Billington says in any system honest businesses will work with it but dishonest businesses will try to find loopholes.
Aodhán Connolly from the retailers says that anything other than continuing full alignment to EU VAT directives is going to add costs
Stephen Kelly from @ManufacturingNI says currently smuggling is across a very narrow range of goods but it you create tariff (or non-tariff) differentials you open up the range of goods for smugglers and increase the need for checks.
Declan Billington makes the point in no deal that Ireland could substitute some UK exports into the wider EU market, albeit at lower prices. NI producers will have to substitute into smaller GB market.
Christopher Chope is suggesting NI food firms should have done more mitigation by building processing capacity in the aftermath of the Brexit vote. Mr Billington says give us 5 years, not 5 months.
Peter Bone also scolds them for not doing enough contingency planning.
Declan Billington says they identified risks and opportunities more than two years ago. He canvassed people who could create market opening policies. Defra not geared up. Policies still not in place.
Sammy Wilson invites the panel to agree that 'related checks and controls,' which could be admin, does not amount to a hard border.
Mr Connolly focuses on increased admin costs.
Sammy Wilson asks why some of Barnier's dedramatised procedures couldn't be carried out NI-ROI rather than GB-NI.
Declan Billington says he has asked & challenged TF50 about this. He said EU want the 'comfort' of knowing bad things not coming into single market. Mr Billington prefers checks at the factory by FSA and EU should be pragmatic about this. Urges govt to keep pressing this.
Mr Kelly asks the committee if they can find a copy of the UK backstop please send it on as they haven't seen it.
Seamus Leheny of the FTA says in no deal scenario only 60 (sixty) NI trucks would be able to get the necessary permits to operate in the EU.
Having been told by Peter Bone that he's 'just waking up with five minutes to go' here's the Brexit threats/ opportunities presentation Declan Billington first delivered over a year ago. nifda.co.uk/wp-content/upl…
