Northern Ireland economist Esmond Birnie wants answers on extent to which EU law applies under Windsor Framework

​A leading Northern Ireland economist has said questions need to be answered about the extent to which EU law applies under the new post-Brexit deal.
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Dr Esmond Birnie, senior economist at Ulster University Business School, commented: “The PM and EU negotiators did achieve quite a lot, probably more than some of us expected in terms of the concessions they did obtain, for example on value added tax, on subsidy control, pharmaceutical medicines, pet passports.

"There were a number of tangible victories, but the devil is in the detail and there is still a level of bureaucracy with respect to green lanes and EU law shutting off of options for Northern Ireland.”

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Senior economist Dr Esmond BirnieSenior economist Dr Esmond Birnie
Senior economist Dr Esmond Birnie
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Expanding he said: “Until we see the really fine print and practical detail it’s not entirely clear that the green lane is as frictionless as the prime minister was presenting it. He said the sea border has gone, in practice I’m not sure it’s as clear cut as that. There will still be certain percentage of visual inspections and there will still be a requirement that firms register as trusted traders.

“My concern as an economist is that we are still subject to some extent in certain areas to European law. The ECJ remains the supreme arbitrator. Does that mean there will be range of policy options that won’t be available to Northern Ireland? I’m thinking of four in particular.

“One is the lack of duty free on flights between Northern Ireland and the European Union. Duty free was restored to Great Britain as a consequence of Brexit but we don’t have it.

“Secondly, where do we stand in terms of tax devolution?

“Thirdly, I suspect we’re still going to be subject to needing to get permission from the EU to develop any sort of free port in Northern Ireland.

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“Lastly, a policy area where I believe Northern Ireland is constrained is the full participation in any UK-wide free trade agreement.

​Dr Birnie said: “The challenge I’d put to the UK Government is ideally I’d like answers on those four areas – free ports, free trade arrangements, tax devolution and duty free. Are these now possible and if they’re not is it because we’re still subject to EU rules?"