‘Inaccurate’ to suggest UK will back down on European Court of Justice role

The Downing Street spokeswoman was responding to an article in the Irish Times, based on information from an unnamed UK Government official, saying that the government had made “an important shift” in its demands around the role of the ECJ.

The Irish Times report states: “British negotiators had made an important shift in their position recently so they were no longer insisting on solving the governance issues now and were content to focus on the practical problems that have manifested themselves so far.”

It added: “The official acknowledged that the European Commission had no mandate to renegotiate the protocol and was not going to get a green light to do so from European Union leaders.

“Britain has now agreed to limit the negotiations to the issues both sides agree are creating difficulties, such as access to medicines and the burden of customs and regulatory checks on goods.”

However, a spokeswoman for the government said: “This is an inaccurate characterisation of our position. Any durable solution must address the full range of difficulties created by the Protocol, including on the European Court of Justice.”

The Northern Ireland Protocol is part of the post-Brexit trading arrangements agreed between the UK and the EU.

It is designed to the protect the integrity of the EU’s single market, but its operation has created an effective trade barrier in the Irish Sea between Great Britain and Northern Ireland for many goods – including medicines.

The Irish Times article goes on to say: “The official acknowledged that the European Commission had no mandate to renegotiate the protocol and was not going to get a green light to do so from EU leaders.

“Britain has now agreed to limit the negotiations to the issues both sides agree are creating difficulties, such as access to medicines and the burden of customs and regulatory checks on goods.

“The official declined to say if Britain had also long-fingered its demand for changes to article 10 of the protocol, which can apply EU state-aid rules to measures affecting trade between NI and the EU. And British negotiators continue to insist that the European Commission’s proposals to reduce checks and procedures on goods moving between GB and NI do not go far enough.”