Deal between the UK and EU on the NI Protocol is ‘unlikely’ says Sir Jeffrey Donaldson

Sir Jeffrey said there would need to be a “marked change” in position from the EU to secure agreement.

He said in such circumstances the UK Government was right to make plans to suspend the protocol by triggering Article 16.

Speaking to reporters at Belfast City Airport, he said: “I hope we don’t get to a situation where there is a trade war between the UK and the European Union, I don’t think it’s in anyone’s interests that that is the outcome.

“The meeting I had yesterday with Lord Frost certainly suggested that from the UK’s perspective, there’s still a couple of weeks left in these negotiations.

“Although it is evident at the moment that in the absence of the EU stepping up and putting firmer proposals on the table, more realistic proposals on the table, I think a positive outcome in terms of an agreed solution is unlikely and, in those circumstances, I do expect the UK Government to take unilateral action to address the difficulties created by the Northern Ireland Protocol.”

Sir Jeffrey Donaldson said Article 16 was an agreed mechanism within the structure of the protocol and the UK was “perfectly entitled” to trigger it.

“The EU agreed to this mechanism in the first place and therefore I think the EU needs to recognise that the UK is legally entitled to take this action and the action is designed to resolve the issues, to remove the problems created by the Irish Sea border – it isn’t about impinging upon the EU single market, it’s about protecting the UK internal market. I think the United Kingdom is entitled to do that.

“The sense I have is that the talks are moving towards a conclusion now, one way or the other. There’s no point in dragging this out. And let’s not forget that every day the protocol continues to operate it harms the economy. And that’s not good enough.

“The UK Government is right to make contingency plans that if the EU isn’t prepared to adopt a reasonable position to get agreement then the UK is perfectly legally entitled to trigger Article 16.

“Hopefully that will at least mark a beginning to the process of resolving these issues and very quickly restore some degree of normality to trade between Great Britain and Northern Ireland.”

Sir Jeffrey Donaldson criticised suggestions that the EU was preparing to take retaliatory action if the UK moved to activate Article 16.

“I think that the UK Government does want to get an outcome from this, I think the UK Government does want to arrive at an agreement,” he said.

“Being realistic, I think it’s unlikely that’s going to happen unless we see a marked change on the part of the EU and, frankly, while the UK remains at the table and shows a willingness to negotiate I think it is unfortunate that the EU is ramping up the rhetoric, is talking about contingency plans, is talking about the possibility of a trade war.

“That does nothing to suggest that they are genuinely engaged in trying to find a solution here.”

Meanwhile, the Stormont Economy Minister has claimed that political parties who do not acknowledge problems caused to businesses by the Northern Ireland Protocol, have their “heads stuck in the sand”.

The DUP minister Gordon Lyons made the comment as he faced questions over whether the dual access offered by the post-Brexit agreement was an advantage to Northern Ireland.

During ministerial question time at Stormont, an SDLP MLA asked the minister if he was responsible for Invest NI, Stormont’s business support agency, being “mute” to the advantages of access to both the EU and UK markets.

The protocol was agreed as a way to maintain a free-flowing land border on the island of Ireland after Brexit.

The arrangement effectively keeps Northern Ireland inside the EU’s single market for goods, resulting in some checks for products crossing the Irish Sea from Great Britain.

Sinead Bradley asked the minister: “Does he believe that dual access to the UK and the EU markets is an advantage or a disadvantage?”

Mr Lyons answered: “It is not an advantage when the consequence of it is that we are cut off from one of our biggest markets, the rest of the UK.

“There are trade barriers that are put in place, there are additional difficulties and members on that side of the House will not acknowledge that it is an issue.

“They are not listening to businesses, they are not understanding the concerns that are being expressed.

“This isn’t coming from me, this is businesses who are telling me about the additional bureaucracy, the additional costs, the additional hours that are needed to spent filling out paperwork.

“If they would at least acknowledge it, it would go some way to helping us. If you fail to acknowledge there is a problem, you are never going to come up with a solution.”

Ms Bradley said: “I think history will show disappointment that we have an economy minister who does not see access to both markets as an advantage.

“Invest NI are entrusted to seek foreign direct investment and one would anticipate that their messaging should be a fanfare to the world that this place does have access to both those markets.

“The headline position on Invest NI’s website, there is no mention of our envious economic position.

“Can the minister advise if he or his former colleagues had any part of play in Invest NI being mute on our economic advantage?”

Mr Lyons said: “I think it is just absolutely ridiculous that the member will not even acknowledge the problems that exist with the Northern Ireland Protocol.

“They have continued to refuse to acknowledge the fact that there are problems. Their heads are stuck in the sand.

“What I am trying to do is sort that out. I am more than happy to stand over my record, and the record of my predecessors, in trying to attract jobs and investment to Northern Ireland.”

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