Editorial: Deal brings welcome changes to the Northern Ireland Protocol, but EU trade law will still be dominant in NI

In one respect yesterday was the culmination of a minor political triumph.

Not only will full implementation of the disastrous Northern Ireland Protocol never happen, it is an ambition the EU has formally dropped (having informally dropped it months ago).

For all the sneering at unionists since 2021 for opposing an Irish Sea border that was onerous even without being fully introduced, those who called for rigorous application of this barrier have been exposed as would-be slavish enforcers of the EU’s worst instincts.

The EU’s more reasonable side was on display at Windsor yesterday, when Ursula von der Leyen spoke warmly of the continent’s British allies and was respectful in her references to Northern Ireland too, and its place in the UK.

The document itself will require patient study in the coming days. There are important changes, it seems, on the UK ability to control VAT and state aid, on the ability to move plants, foods and pets to NI from Great Britain. There is a new brake for Stormont that appears to retain the petition of concern (future UK-EU divergence is a potentially big for NI). There is a streamlining of checks, although it is alarming that the haulier Peter Summerton opposite believes there will continue to be onerous paperwork.

All of this is welcome movement but it is not churlish or extreme to point out that NI remains fundamentally in the EU single market, under EU adjudication. Some people might hail this negotiation as a victory for NI but if so it is the victorious retreat from of a bad fundamental situation.

The DUP is right to recognise improvements but take time to assess downsides.

Also, Rishi Sunak’s essay in this paper today deserves study. He might not be entirely persuasive on the deal but articulates sound thinking not just on sovereignty but topics such as terror.