David Frost tells the Lords the NI Protocol has been 'the source of considerable and ongoing disruption to lives and livelihoods' and that 'the circumstances exist to justify the use of Article 16'. But he says 'it's not the time to do so' and talks with the EU will continue.
Lord Frost says there should be an agreed 'standstill period' during which all grace periods stay in force and EU legal action over alleged breaches of the Protocol are frozen. He says this would 'ensure there is room to negotiate' and 'provide a genuine signal of good intent'.
Lord Frost concedes the UK's proposals would require 'significant changes to the Protocol text' itself. He adds: 'We hope the EU will see that the prize of a settlement which is durable and which allows us to move on is worth the process. We must keep our eyes on the prize.'
Lord Frost: 'We work in these proposals with concepts of the Protocol - we've not swept it away. We don't agree that the right thing is simply to scrap the Protocol and nothing need fill its place. We believe the right thing is to work with the grain.'
Lord Frost recognises that the UK's proposal to strip the ECJ out of the governance of the NI Protocol is a 'significant point'. But he says: 'It simply does not fit with the reality of the situation to have laws imposed and policed by institutions outside the UK territory.'

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More from @nickgutteridge

16 Jun
Lord Frost says UK proposals on NI Protocol 'wouldn’t totally eliminate the problem' in terms of East-West checks but 'would make it a lot easier to work'. He adds the UK's 'minimum' ask is goods can move in a 'much more free-flowing, open way' and that 'time is running out'.
Lord Frost says the EU's insistence on alignment with its SPS rules or accepting checks is 'a political position' and 'it isn’t a depiction of some sort of existential reality about the world'. He adds: 'They could change their rules in the context of NI if they wanted to.'
He continues: 'The EU...view is that unless you’re dynamically aligned with them and they have some control over it there have to be checks. We don’t accept that. We don’t see why in the context of NI there couldn’t be a more understanding and risk-based approach.'
Read 5 tweets
9 Jun
1/ There are two Brexit meetings in London today. First, the Joint Committee which will be dominated by the row over the NI Protocol. Second, the inaugural Partnership Council at which issues related to wider UK-EU relations will be discussed. A (sorry not so brief) rundown 👇
2/ The Joint Committee will be by far the most difficult of the two. There has been a lot of rhetoric flying around on both sides in the last few days about who is to blame for the problems arising from checks in the Irish Sea, and how they can be fixed.
3/ Communities Secretary Rob Jenrick largely summed up the UK's position this morning. He said the EU is interpreting the controls required under the Protocol in an unexpectedly 'rigid and unpragmatic way' and that the Government is 'asking them to show some common sense'.
Read 20 tweets
17 May
At European Scrutiny Committee Lord Frost says UK has 'internalised EU law and EU ways of thinking over the last 50 years' and should use Brexit to get 'back to arrangements consistent with the lighter touch common law...the ability to experiment and develop things as we go on'.
He adds: 'One of the advantages we will get from Brexit is the opportunity to do things differently. I don't think we should accept that we're in the EU's regulatory orbit...we do need to develop our own ways of doing things and our own philosophy behind it.'
On the NI Protocol he says 'there's the risk of gaps opening up in regulation between NI and rest of UK' and cites reports about cancer drugs - which EU denies - saying 'that sort of thing is going to be a problem if we can't find pragmatic ways through it that protect our NHS'.
Read 17 tweets
15 Apr
1/ How time flies - there are now only two weeks left for the EU Parliament to ratify the Brexit trade deal before its provisional application runs out at the end of the month. There has long been an assumption in the end MEPs will put up and shut up, but is it quite that simple?
2/ So far the Parliament's main groupings have refused to set a date for the vote. But if it's going to happen, it's got to be at the April 26-29 plenary. In the meantime MEPs are carrying on laying the groundwork and the deal is set to clear its final committee hurdles today.
3/ What happens if they don't hold the vote in time? 1. The EU Commission asks for another extension which the UK would agree to, albeit under protest. Govt spox: 'We have agreed to extend the deadline for the EU...and we expect them to complete their processes to this timeline.'
Read 11 tweets
25 Mar
1/ Ex Commission boss Jean-Claude Juncker says he's 'not a fan' of Ursula von der Leyen's export ban and 'I don't think this is the right way to do it'. He fears it will create 'major reputation damage' to the EU as a champion of free trade, in an interview with @BBCHARDtalk
2/ Juncker says: 'We have to pull back from a vaccine war. We have special relations with Britain, there's room for dialogue. Nobody understands why we're witnessing such a stupid vaccine war. This cannot be dealt with in a war atmosphere. We are not enemies, we are allies.'
3/ Juncker also admits the EU has messed up its rollout, but says the Member States share fault and VDL shouldn't resign. He says it was 'too cautious' approving vaccines and 'too budget conscious' in negotiations. The latter was 'a major mistake which should not have happened'.
Read 5 tweets
23 Mar
1/ The principle of 'reciprocity' of supply is at the heart of finding a solution to the UK-EU vaccines stand-off. But it's not a simple case of counting jabs export numbers. It's also about weighing each party's overall contribution to the development and production of vaccines.
2/ This is not only about finished vaccines, but also about international supply chains and the raw materials that go into them. Croda International, based in Yorkshire, provides lipid components for the Pfizer jab which is made here in Belgium, for example.
3/ And then there's the question of public funding towards the development of vaccines and scaling up of production. Should that count towards reciprocity? The UK contributed £88 million to getting the Oxford-AstraZeneca jab off the ground. Germany and the EU gave Pfizer funding.
Read 6 tweets

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