Jess Sargeant Profile picture
Sep 21, 2020 9 tweets 2 min read Read on X
Day 3 of Committee stage of the UK Internal Market Bill kicking off after 3.30. MPs will debate the provisions on the NI protocol, including those allowing ministers to break international law. Because I'm petty, I've busted the top 4 myths about the protocol 👇
Myth 1: the protocol will be superseded by the future relationship. Unlike Theresa May's 'backstop', this version of the protocol was intended to be permanent. Parts could be made redundant by UK-EU FTA but this is unlikely given the type of future relationship the UK wants.
The exception would be on state aid, where a UK-EU agreement could allow remove some obligations under the protocol. But the most controversial provisions on customs and regulations will remain in force - deal or no deal.
Myth 2: the powers will prevent the EU from blockading NI. The PM has said the bill is necessary to protect against EU threats, but it only gives ministers in two specific areas:
- the determine exit procedures for NI-GB
- to interpret the application of EU state aid law
Nothing in the bill relates to the movement of goods GB-NI. So if an EU blockade genuine concern for the government – and it is worth noting that UK and NI officials would be responsible for enforcing one – then this bill does nothing to address those concerns.
Myth 3: checks & processes will only be required on goods 'at risk' of moving into EU. This test only applies to customs duties. All goods entering NI will need to comply with EU law and customs rules so paperwork & checks will apply on all goods GB-NI, even if they stay in NI
Myth 4: The EU will decide which goods pay customs duties. The criteria according to which goods are determined to be not 'at risk' and therefore not subject to custom duties will be a decisions for the UK-EU joint committee.
But the UK govt has said if no decision is reached it will take power in the Finance Bill the autumn to define this unilaterally. This is likely to spark another row over the UK's adherence to its international obligations & put the UK EU relationship under more strain.

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More from @Jess_Sargeant

Feb 27, 2023
The Stormont brake is the surprise addition to the NI Protocol/Windsor Framework. It's potentially pretty powerful - some NI parties are concerned it is too powerful - and a major concession from the EU. So how might it work?
So under the original protocol there were 2 ways NI was expected to stay dynamically aligned:
1) amendments and updates to existing EU law applicable under the protocol, which applied automatically
2) the UK and EU could agree to add new EU laws
The Stormont brake only applies to the first category (although the UK said it will consider similar arrangements for the second) - so it creates a UK veto where there wasn't one before - pretty big!
Read 8 tweets
Feb 27, 2023
Good morning, it's a big day/week on the Northern Ireland Protocol - and there could be a deal as soon as today.

So what were the UK-EU positions going into these talks and here might a deal land? 🧵
There been back & forth, but each side set out its clearest articulation of its position in 2021. The UK government published a command paper in July, and the EU responded with its own proposals in Oct (which already moved a long way from its original position). Let's compare 👇
Customs: was probably where the two sides were closest - both agreed that checks on goods staying in NI should be minimised. The question is by how much & how to distinguish between those goods and goods going to the EU. Here we expect some kind of red-lane green lane approach.
Read 13 tweets
Oct 25, 2022
It's a big day for Rishi Sunak, but also a big day for post-Brexit legislation. The Commons is debating the Retained EU (Revocation and Renewal) Bill. The new PM promised to "embrace the opportunities of Brexit", but the bill poses some big challenges he will need to navigate.
The bill will end the supremacy of retained EU law. It will give ministers broad powers to amend or retain EU law left on the UK statute book. A sunset clause means that unless action is taken all post-Brexit EU regulations will be revoked by the end of 2023.
Divergence from EU rules can have many benefits, but it can also create new costs for businesses & have implications for trade & the UK internal market. As we argued in our @instituteforgov report, the gov should avoid divergence for divergence sake instituteforgovernment.org.uk/publications/t…
Read 11 tweets
Feb 3, 2022
Today (on this very quiet news day) @instituteforgov and @BennettInst have launched our Review of the UK Constitution. After a tumultuous five years in British politics, we're taking an impartial, evidence-based & comprehensive look at the functioning of the UK constitution.
To kick it all off we've published our first paper: A framework for reviewing the UK constitution. It examines the purpose of a constitution, how the UK fulfils that purpose, and identifies key problems which we will explore during the course of the review instituteforgovernment.org.uk/sites/default/…
We will examine 3 key dimensions of power within the UK constitution
1. Institutional: relationship between & within institutions
2. Territorial: relationship between the different levels of government
3. Democratic: relationship between the state and its citizens
Read 16 tweets
Feb 3, 2022
Yesterday the Northern Ireland Executive agriculture minister, Edwin Poots, directed his officials to halt checks on goods moving from GB-NI. So what are the issues and what are the consequences? 🧵
NI has a power-sharing government, matters that are 'significant or controversial' must be discussed in the multi-party executive. Poots tried to bring a paper on border checks to Exec but that was blocked, so argues that there is now no legal basis for them to continue.
But checks are implementing the protocol, which is part of international law. Under the NI Act, the Executive is required to comply with the UK's international obligations - and it's the UK that is ultimately responsible - so arguably it's not a matter for the Executive at all.
Read 11 tweets
Aug 3, 2021
One of the biggest challenges in assessing the impact of the Northern Ireland Protocol is the lack of data. The UKG command relies on business group surveys and anecdotal evidence. The ONS has started asking some qs on GB-NI trade, so let's take a look 👇
The figures are from the fortnightly Business insights and impact on UK economy survey – first off only 5% of UK businesses reported sending goods from GB-NI in the last 12 months. This means we’re dealing with a small sample size so figures should be treated with caution
Of those that had sent goods, or intended to send goods GB-NI in the last 2 weeks, a consistent majority (average 58%) reported that the volume of goods sent was the same as normal. A reminder not to overstate the extent of disruption.
Read 8 tweets

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