Letter: Malign effects of the Northern Ireland Protocol remain in the Windsor Framework

A letter from Jeremy Burchill:
Prime Minister Rishi Sunak during a visit to Coca-Cola HBC in Lisburn earlier this week to sell the Windsor Framework deal secured with the European UnionPrime Minister Rishi Sunak during a visit to Coca-Cola HBC in Lisburn earlier this week to sell the Windsor Framework deal secured with the European Union
Prime Minister Rishi Sunak during a visit to Coca-Cola HBC in Lisburn earlier this week to sell the Windsor Framework deal secured with the European Union

Careful analysis of the actual content of the Windsor Framework serves to show that the prime minister is grossly overselling the content.

Even cursory analysis shows that he might best be described as “a snake oil salesman”.

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Does a border still exist between the two parts of the UK? The “green lane” is not in fact open to all traffic, but is limited to “trusted traders”. Checks have been reduced but not eliminated. A “check” does not exist in vacuo. It assumes that there is some external standard against which compliance is assessed. It follows that unfettered trade will not be re-established.

The so-called “Stormont Brake” once analysed is illusory. It can only arise where new EU laws significantly differ from pre-existing EU laws and are likely to significantly impact on everyday life in a manner that is liable to persist. If, and it is a big “if”, the requirements for the Assembly to call for the application of the brake are met (remember that Sinn Fein, SDLP, and Alliance have been the cheerleaders for the imposition of EU law) can any unionist have any confidence in the national government agreeing to apply the brake and in so doing risk the ire of the EU?

Whilst the UK has regained some additional tax freedoms, the EU will not even allow passengers departing on flights from Northern Ireland to the EU to purchase duty free goods in line with those departing from mainland airports. Whilst not in itself a material burden this serves to demonstrate the spite which, even on trivial issues, the EU has for the people of Northern Ireland.

It is indeed true that some of the worst effects of the protocol have been mitigated – not removed. However the malign effects of the protocol remain. Once unionists re-enter devolved government there will remain no means to effectively demonstrate their rejection of EU interference in Northern Ireland affairs. Indeed, would not any person holding ministerial appointment be required to implement and uphold the protocol?

Northern Ireland is being asked to buy into a deal as ephemeral as a mirage.

Jeremy Burchill,

North Yorkshire