​TUV analyse ‘government spin vs legal reality’ on Windsor Framework deal

Some of the points it makes are:

Government spin (GS): The Protocol is radically changed, even gone.

Legal reality (LR): Art 164 of Withdrawal Agreement, under which the Windsor Framework adjustments will be made, prohibits any change to “the essential elements” of the Protocol. So, tinkering only.

GS: Hundreds of pages of EU law will be torn up.

LR: NI’s economy and trade remain under foreign EU law, overseen by their foreign court. Commission President was clear: the ECJ remains “the sole and ultimate arbiter of EU law”.

GS: The Irish Sea border is gone.

LR: The Irish Sea border stays, with HMG spending tens of million to strengthen its infrastructure. Northern Ireland remains wholly within the orbit and control of the EU’s Customs Code. The effect is that EU territory starts at our sea border and GB is treated as a foreign/third country.

GS: Goods will flow freely through ‘green lanes’.

LR: Customs declarations will still be required, with 21 data elements normally required for a standard customs declaration. Check will still happen. Importers must be in a ‘Trusted Trader Scheme’, which EU can suspend at any time.

Jim Allister commented: “Sadly, this deal does not recover the EU’s ill-gotten sovereignty over Northern Ireland. So, for anyone whose goal is to strengthen, not weaken, the union with GB, this is a deal which falls far short.”