Thread by @pmdfoster

🚨🚨🇪🇺🇬🇧🇪🇺🇬🇧🇪🇺🇬🇧🇪🇺🚨🚨
Ex EU commission Sir Jonathan Faull floats again the idea of “mutual enforcement” as a solution to the NI protocol #brexit stand off:

“A dual autonomy approach would help with the Northern Ireland protocol” via @FT /1
on.ft.com/3wMpKDq

@FT This idea broadly relies on either side enforcing the others laws...two separate, sovereign jurisdiction operating side by side to protect each other. It has long been favoured by Brexiters of ERG...but is hated by the EU. /2

@FT Here is old ERG-backed paper on the idea from Feb 21...it has been totally rejected by EU, but Brexiters continue to work on the plan, with legal advice from lawyers such as @jamesrwebber /3

centreforbrexitpolicy.org.uk/wp-content/upl…

@FT @jamesrwebber Why does EU hate it? Well,

It forces the border back N-S, albeit in a theoretically invisible way.

It requires radical rethink on EU border checks (which require Border Control Posts ON the border)

It requires trust. Has v slow redress mechanism via TCA /4

@FT @jamesrwebber BUT it is interesting that someone like Jonathan Faull (having already been rejected) is retabling the idea...just as @DavidGHFrost prepares to table paper on NI Protocol with MPs tomorrow/5

@FT @jamesrwebber @DavidGHFrost This will aim to look at ways to “hugely reduce or eliminate barriers” (Frost to MP's y'day) between GB-NI...not clear that 'mutual enforcement' is the goal (details TBC)...but the Frost proposals might contain elements of the concept to reduce checks at Irish Sea border/6

@FT @jamesrwebber @DavidGHFrost Proponents of the scheme say the EU *could* make it work, if it really accepted unique circumstances of NI etc...but (to be clear) Brussels is a million miles from this idea at the moment. But it speaks to continued UK problem with Protocol & sovereignty, at root./7

@FT @jamesrwebber @DavidGHFrost As @AntonSpisak and others have noted, Frost and Lewis done a LOT of pitch-rolling of late on 'diversion' of NI trade to Republic -- which is a nod to Article 16...which is perhaps what UK is laying groundwork for here if EU doesn't move significantly. /8

@FT @jamesrwebber @DavidGHFrost @AntonSpisak But that is likely to be a little way down the tracks...depending on how this new UK 'solution' or paper lands in Brussels; how business reacts/adapts to full controls due in October GB-NI..if the EU doesn't flex again. Lots of moving parts. ENDS