Thread by @williedrennan

20 of my observations on the NI Protocol. Hoping that some experts can explain why I've got it wrong.

theulsterfolk.com/2019/11/the-no…

#withdrawalagreement

@lawyers4britain @benhabib6 @BrexitCentral

@lawyers4britain @benhabib6 @BrexitCentral 1/ The European Court of Justice (ECJ) will rule supreme over any discrepancies that will arise out of the Northern Ireland (NI) Protocol.

@lawyers4britain @benhabib6 @BrexitCentral 2/During the Transition period, and for six years thereafter, the EU will be able to make changes to rules and regulations in Northern Ireland that will be binding in perpetuity, even in the event of the Protocol being rejected by the NI electorate.

@lawyers4britain @benhabib6 @BrexitCentral 3/The ECJ will rule supreme over such matters as trade, employment rights, human rights, equality rights, fishing, farming, environment and state aid.

@lawyers4britain @benhabib6 @BrexitCentral 4/The ECJ will rule supreme over any anomaly arising out of interpretation of the Belfast/Good Friday Agreement (GFA)

@lawyers4britain @benhabib6 @BrexitCentral 5/ Four years after end of Transition the MLA's in Stormont will have opportunity to vote on rejecting or continuing to accept the Protocol. This will be by majority vote which contravenes the Consent principle of the GFA, as commonly understood in NI/ ROI.

@lawyers4britain @benhabib6 @BrexitCentral 6/ Should NI vote to reject the terms of the Protocol the EU will have a further 2 years to establish alternative arrangements, which include examination and interpretation of the details of the GFA.

@lawyers4britain @benhabib6 @BrexitCentral 7/ It seems clear that in such circumstances the terms and conditions of the Protocol would cease to be law but it would be mandatory that they be replaced by alternative arrangements.

@lawyers4britain @benhabib6 @BrexitCentral 8/ The alternative arrangements would necessitate NI remaining in the EU's Single Market and Customs Union.

9/ NI could never simply leave all connections with the EU and the laws of the ECJ to return to being a full member of an independent UK.

@lawyers4britain @benhabib6 @BrexitCentral 10/ Even in the case that the UK has arranged a Free Trade Deal with the EU, with no political affiliations or implications, there would be no mechanism for NI to fully exit the EU.

@lawyers4britain @benhabib6 @BrexitCentral 11/ The regulatory Irish Sea Border means that NI would become economically independent of the UK and dependent on EU rules and regulations.

12/ The Sea Border would require new documentation and monitoring of goods travelling in both directions.

@lawyers4britain @benhabib6 @BrexitCentral 13/ Tariffs on goods being transported from GB to NI will apply when the EU believes there is potential for those goods to be moved on to the EU. This could apply to most goods entering NI until proof of final destination is ascertained.

@lawyers4britain @benhabib6 @BrexitCentral 14/ Tariffs on goods from GB to NI could be reimbursed when proof is provided that the goods remained within NI, but this would not necessarily always be the case.

15/ NI businesses will be tied into the EU 's VAT system.

@lawyers4britain @benhabib6 @BrexitCentral 16/ NI will be liable to pay taxes and tariffs to the EU without having any political representation with that authority.

@lawyers4britain @benhabib6 @BrexitCentral 17/ The ECJ will rule supreme over any proposed changes to the Common Travel Area (CTA) where it impacts EU citizens and their families who are resident in Ireland.

The EU would retain its jurisdiction over the Common Travel Area, even in the unlikely scenario where the people of Northern Ireland would vote to separate from the rest of the UK. #NIProtocol