Thread by @bernardjenkin

Clear that @MarosSefcovic+@EU_Commission are digging in, ignoring fundamental facts: that the #NIProtocol cannot be a permanent agreement any more than the rest of WA; and it is not protecting the peace process, but destroying it. telegraph.co.uk/politics/2022/…… 1/12

The#NIProtocol does not carry the support of both communities in NI and is therefore undermining the #GoodFridayAgreement and the peace process; and is leading to the end of power sharing in NI (“societal dislocation”)… 2/12

The#NIProtocol is also causing substantial “diversion of trade”; and both “societal dislocation” and “diversion of trade” are grounds for perfectly legal exercise of Art 16 of NIP… 3/12

The#NIProtocol was concluded under Art 50 TEU, which only provided for an agreement with the UK “setting out the arrangements for its withdrawal, taking account of the framework for its future relationship with the Union”… Not for a permanent agreement. 4/12

The #EU_Commission was explicit that the permanent relationship could only be negotiated after we had left, so therefore #NIProtocol should not be regarded as as anything other than temporary or transitional …. 5/12

The Political Declaration to the Withdrawal Agreement made plain that the EU agreed that “facilitative arrangements and technologies will also be considered in alternative arrangements for ensuring the absence of a hard border on the island of Ireland.” … 6/12

The #NIProtocol preamble acknowledged there could be “possible new arrangements”; “DETERMINED that the application of this Protocol should impact as little as possible on the everyday life of communities in both Ireland and Northern Ireland” (but it is signif impacting); …. 7/12

The #NIProtocol preamble recalled NI “is part of the customs territory of the UK and will benefit from participation in the UK’s independent trade policy” (NI can’t); recognised “the importance of maintg the integral place of NI in the UK’s internal market” (NIP doesn’t)…. 8/12

And Art 13(8) of #NIProtocol said a “subsequent agreement” between the EU and UK “shall indicate the parts of this Protocol which it supersedes”. Under such a new deal, "this Protocol shall then…not apply or shall cease to apply, as the case may be, in whole or in part.”… 9/12

So #EU_Commission is under an obligation to consider alternatives to failing #NIProtocal if it 1. respects integrity of EU internal market; 2. gains support of both communities in NI, so upholds GFA and peace process; and 3. requires no new infrastructure at N/S border… 10/12

A new agreement, based on Mutual Enforcement, wd avoid need for the UK to exercise Art 16 or legislate unilaterally to suspend the #NIProtocol, but @UKParliament must make clear that it would be legal to assert the sovty and unity of whole of UK if necessary. …. 11/12

Art 16 of #NIProtocol would not allow unlimited retaliation by the EU, which only “may take such proportionate rebalancing measures as are strictly necessary to remedy the imbalance.” Any action beyond this would be illegal. 12/12