Thread by @JP_Biz

No new ideas from DUP leader today on Protocol replacement: ‘We have deliberately not been prescriptive about the nature of the outcome we wish to see, rather we have sought to provide the space for creative solutions…we are flexible as to the precise nature of the solution’ BUT

…like the UUP he has alighted upon the concept of Mutual Enforcement. A weakness of his idea is that the EU think it unworkable but it has a Brexit pedigree we can explore.

So what it it? Basically it would focused on making exporters legally responsible, in their own jurisdiction, for ensuring any products they sent across the border met all customs and regulatory requirements of the importing territory.

For example, if a Northern Ireland trader was found to have sent a prohibited product across the border to the Republic of Ireland they would face a fine or other legal action within Northern Ireland.

This would effectively ditch the NI Protocol and end any border processes on goods moving from GB-NI. Instead the processes would all take place on the island of Ireland but in a decentralised way with no frontier checks.

This idea originally came from Jonathan Faull who was a senior British official in the Commission & was advanced at the time of the backstop stalemate. He called it ‘Dual Autonomy’. Details here, including FAQ verfassungsblog.de/an-offer-the-e…

You may notice that this involved goods being cleared at ‘Standard Centres’ located away from the border in both NI & the Republic along with spot checks & inspections. These standards centres may sound a bit like customs posts.

The UUP have also talked about a version of this since 2019 uup.org/assets/images/…

It has also been advanced a few times by pro-Brexit think tanks. Sir Jeffrey referenced this version (page 9 onwards) centreforbrexitpolicy.org.uk/wp-content/upl…

The above document also acknowledges that it doesn’t solve much without an SPS deal because the EU requires all products of animal origin such as meat & fish to pass through a border control post at an immediate point of entry into the single market.