Long(ish)🧵on NI Protocol. No point trying to comment on Internal Market Bill until we see it, but some of the commentary about the Withdrawal Agreement & NI Protocol I have seen suggests there are misconceptions about what the UK & EU have already signed up to & what can change
The WA is a treaty that has been ratified by both sides & mostly comes into force in January 2020, but some (small) parts are in force already. While the future relationship agreement (FRA)may build on/align with parts of it, it will stand deal or no deal. It’s not temporary.
WA contained things such as the exit bill, citizens rights & dispute mechanisms/governance that are not going to be changed by the FRA (Or v v unlikely to) These were things the EU in particular wanted to settle before FRA negotiations so they wouldn’t be ‘on the table’.
So main points to take from the Irish protocol are: The preamble has changed slightly, emphasises this protocol is temporary, it is not the future relationship, doesn't want to break up the UK single market. Preambles are not legally binding, but important for interpretation.
Did we say this protocol is TEMPORARY! Well we really mean it
In fact, we might even conclude a future agreement before the end of the transition (highly doubtful) so this protocol can be superseded by that:
On the financial settlement, the Paper talks of the UK's financial commitments, and legal requirements but there seem to be a few nods to Raab's comments about no payments if no future agreement. Bill would only provide for payments agreed to in a withdrawal agreement
Apparently, the Joint Committee will not require implementing legislation. Presumably, they believe prerogative power covers this. Will the JC be able to operate before structures are put in place by Parliament to scrutinise & understand its work? A reminder below of its role
Tony, starts with a joke about Boris Johnson #topical. Onto the serious stuff, ‘globalisation is on the back foot’, difficult to know if we’re on the crest of the wave or if it’s a growing phenomenon, he fears it is the latter
Thinks when populism fails, the populace will double down rather than admit populist solutions were wrong. Why allusions to the 1939’s need to be taken seriously.