Michael Dougan Profile picture
Sep 15, 2020 16 tweets 3 min read Read on X
I’ve been asked for another step-by-step explanation of what’s just happened in Westminster.

So voila: an update on Johnson’s plans to destabilise Ireland and isolate the UK…
1) As we know, Parliament is now considering whether to empower Johnson to override, directly & deliberately, two clear and precise legal obligations under the very Withdrawal Agreement he signed with the EU: controls on goods from NI to GB; and state aid rules in relation to NI
2) & as we know, those breaches of international law risk range of very serious consequences. Not least for NI: state aid regime is necessary to prevent unfair dumping of UK goods into EU and is therefore an integral part of avoiding a “hard border” across the island of Ireland
3) So already Johnson is consciously provoking EU into either allowing Single Market to be compromised by unfair UK trade practices or taking appropriate steps to safeguard its external frontiers by instigating controls on NI trade. & thinks he can then blame EU for “hard border”
4) What can EU do about it? Withdrawal Agreement provides that, during transition, dispute settlement is via European Court of Justice (not arbitration): Commission can bring proceedings v. UK, for ECJ to deliver binding ruling; if UK doesn’t comply, ECJ can impose £€ penalties
5) Problem is: that’s still “just” international law and UKIM Bill would authorise Johnson regime simply to ignore also any CJEU rulings or penalties against UK here. Ultimately, if UK wants to provoke full-scale crisis, EU’s response would have to be political and diplomatic.
6) But just as important as what Bill actually says, is how Tories are presenting it / claims they are making to justify their international delinquency. Because those claims bear little relationship to the actual contents of the Bill – total, shocking dishonesty and propaganda…
7) 1st, Johnson claims EU is planning to prevent GB foodstuffs entering NI, effectively imposing a “blockade”. 2nd, also claims EU is insisting on “extreme” interpretation that would require GB goods entering NI to pay EU customs duties. 2 serious problems with Johnson's claims
8) First major problem: this Bill wouldn’t actually do *anything* to address those alleged problems, since it does not empower UK to disapply any of provisions of Protocol governing the movement of goods from GB into NI. So Johnson’s claims are totally irrelevant and misleading
9) Second major problem: those aren’t “extreme” interpretations. They're clear and obvious: eg Protocol says ALL GB goods presumed at risk of entering EU & must pay EU customs unless proven otherwise. Joint Comm has power to determine what counts as “otherwise”. But rule is clear
10) So even problems Johnson is complaining about are problems he negotiated, signed, sold in the election as “triumph” of his diplomacy, told his MPs to pass through Parliament and agreed with EU as a matter of binding international law. For him to complain now? Totally indecent
11) Serious worry now? Having made such fuss about blockades/extreme interpretations, Johnson will bring forward fresh proposals to authorise UK *also* to breach provisions of Protocol governing trade in goods from GB into NI. If so: would escalate already difficult situation x10
12) In such situation, Johnson would effectively be ripping up treaty that seeks to protect Ireland (north & south) from inherently damaging consequences of UK decision to leave the EU, Customs Union & Single Market. As if years of complex & difficult negotiations never happened
13) EU would have little choice but to act, to safeguard its borders & protect its citizens. But make no mistake: UK would be solely responsible for creation of a “hard border” across Ireland that would directly undermine the Good Friday Agreement and jeopardise the peace process
14) And no amount of Tory propaganda could trivialise the situation (“oh, but other countries break the law all the time…”) or to fool anyone, save their own fanatical & bigoted support base, that the UK is the injured party (“oh, the nasty foreigners have been bullying us…”)
15) So Johnson has set this country on a trajectory that is as serious as it is shocking: risks making UK a threat not just to rules-based international order that UK itself helped create; but also to international peace and security in Ireland and therefore in Europe. Diabolical

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More from @mdouganlpool

Mar 3, 2023
It's bemusing that those Brexitists who spent years shouting loudest "you lost, get over it" are now the ones who appear least able to accept the consequences of their own actions. Less funny? The indelible stains that their lie-to-victory tactics leave on UK public life, eg...
... today alone we read that Sunak Government promises DUP new legislation whose sole apparent aim = to confirm the existence of an objectively verifiable and incontrovertible fact: that NI is part of the UK. Parliament's job is now to tell us "earth revolves around sun"?! And...
... even respectable media outlets offering credibility to bizarre Johnson-led conspiracy theory about how someone now changing their job has the automatic effect of also retroactively changing their past behaviour. Brexit Britain really does lead the world in scientific marvels!
Read 4 tweets
Feb 28, 2023
Having read the various elements of the “Windsor Framework” (the title may be designed to appeal to unionists, but it is actively alienating for nationalists)... here is a short thread summarising my second impressions:
1) recall main pillars of existing Protocol: NI follows certain EU rules on goods= avoids hard border with IRL + gets privileged Single Market access; but UK accepts degree of internal separation between NI-GB; & EU accepts part of its external frontier is in hands of 3rd country
2) against that background, new deal = complex package of diverse measures: amendments to Protocol, changes to decisions taken under Protocol, changes to EU & UK legislation, joint recommendations & declarations, unilateral declarations & commitments etc… Not easy to navigate!
Read 19 tweets
Feb 27, 2023
Reading parallel documents on new Protocol deal published by UK Gov & by Commission = sometimes hard to believe they're talking about same thing. Partly because Tories can't resist usual propaganda (evil EU red tape, great Brexit freedoms, blah blah blah). But first impression?
May not be such a radical transformation as UK Gov claims. But certainly very significant changes here. Yes, many Protocol fundamentals remain intact. But both sides have reinforced compromises required to prevent hard IRL/NI border while also protecting EU & UK internal markets.
Exemplified by green/red lane system: much simplified movement of GB goods into NI if pose no risk to Single Market; but subject to multiple conditions & promise of robust enforcement. Adjustment of original compromise, rather than rewriting of entire system, but still major deal
Read 5 tweets
Feb 27, 2023
Protocol deal sounds very interesting, but full significance depends on draft legal texts. Eg "Stormont Break": will it apply to all future changes to EU law inc to acts already listed in Protocol; or is veto only for future changes to EU law within scope, but not listed as such?
After all, eg if "Stormont Break" only applies to future EU measures relevant to, but not already listed in, Protocol, Art 13 already foresees need for EU & UK to agree on application to NI / deal with consequences if not. So new deal creates *internal* UK process to decide that.
In that case: "Stormont Break" wouldn't affect existing Protocol system whereby future changes to any EU rules that is already listed in text will automatically apply to NI - without intervention of UK, central or devolved, other than Assembly's overall power to reject Protocol.
Read 6 tweets
Feb 20, 2023
It's tedious having to repeat ourselves every time Protocol on IRL/NI hits UK headlines (so many past threads...) but bottomless pit of Brexit dishonesty & incompetence makes the task unavoidable.

So... a few simple bullet points, reminding us how to refute common ERG/DUP lies:
1) Brexit means borders. Inherent and inescapable. And after all, borders are what the Brexitists wanted. But in the case of NI, that border cannot be across land with IRL. So it has to be across sea with GB. Only question is: how visible and cumbersome will that sea border be?
2) If UK had chosen "soft Brexit" (continued membership of customs union and single market) the NI/GB border could have been minimal. But ERG/DUP supported "hard Brexit" = extreme dislocation between EU and UK. Which inevitably meant NI/GB border needs to be far more complicated.
Read 15 tweets
Feb 20, 2023
Among the reasons ERG / DUP extremists have manufactured to scupper Protocol, their hatred of the European Court of Justice is perhaps the weirdest.

Here is a summary of the actual law - so that when we get further details of any EU-UK deal, you can sift fact from propaganda:
1) Withdrawal Agreement, including for Protocol, uses standard international dispute settlement: political negotiations between EU & UK; if those fail, EU or UK can go to arbitration panel. But if dispute involves interpretation of EU law, panel must seek guidance from ECJ
2) That is a constitutional requirement imposed by EU law: only the ECJ can interpret EU law in a way that becomes binding on the EU itself. Hardly a surprise: EU law belongs to the EU! And not unique to the Brexit treaty: it applies in other EU agreements with non-EU states too
Read 16 tweets

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