A: Two crucial differences.
1. Entire Protocol subject to broad consent in NI & as such cannot keep NI locked in indefinitely if consent isn’t there
2. Customs approach allows NI to be in UK’s customs territory & take part in any UK FTAs /2
A: Crucial changes to the backstop. Deals with two key concerns - that the UK would be trapped indefinitely in a customs union against its will & that a UK wide customs union is starting point for future negotiations. /3
A: Rejection of NCP was due to concern it wouldn't work on UK wide basis & EU wouldn't accept it. Applying it NI only is entirely different. EU may be more flexible as risk to single market & customs union lower /4
A: It is consistent with aim of para 50 of Joint Report, due to consent proposals. Ensures NI cannot be ‘trapped’ in EU SM & CU against its will. Ensures UK leaves EU with NI part of its customs territory & that NI can be part of UK FTAs /5
A: Both sides always acknowledged unique circumstances in NI. Entire point of this debate is: much you can do at a sea border but not at a land border, hence plan of having checks at entry points to island of Ireland. Cannot work for Scotland /6
A: @ChrisGiles_ set this out. It does leave entire future negotiations up for grabs, some see this as a plus others a minus. But shouldn’t forget that current backstop is very minimal customs union, still lots of NTBs /7
A: @jillongovt raised this. It is a risk, but are potential ways round it. For example, use of transit for a good arriving in GB but destined for NI, tariff will be paid at entry to final destination i.e. NI ... /8