This article is from the source 'bbc' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at https://www.bbc.co.uk/news/uk-northern-ireland-politics-44615404

The article has changed 8 times. There is an RSS feed of changes available.

Version 4 Version 5
Brexit: What is the Irish border backstop? Brexit: What is the Irish border backstop?
(2 days later)
A key part of the Brexit negotiations has been the border that separates Northern Ireland and the Republic of Ireland.A key part of the Brexit negotiations has been the border that separates Northern Ireland and the Republic of Ireland.
The border is a matter of great political, security and diplomatic sensitivity in Ireland.The border is a matter of great political, security and diplomatic sensitivity in Ireland.
Therefore the UK and EU agreed that whatever happens as a result of Brexit there should be no new physical checks or infrastructure at the frontier.Therefore the UK and EU agreed that whatever happens as a result of Brexit there should be no new physical checks or infrastructure at the frontier.
This is where the controversial "backstop" comes in.This is where the controversial "backstop" comes in.
Go on then, what is the backstop?Go on then, what is the backstop?
The backstop is a position of last resort, to maintain a seamless border on the island of Ireland.The backstop is a position of last resort, to maintain a seamless border on the island of Ireland.
It would involve the UK retaining a very close relationship with the EU for an indefinite period.It would involve the UK retaining a very close relationship with the EU for an indefinite period.
It will apply if the UK and EU have not agreed a final deal at the end of a standstill transition period or if that final deal does not guarantee a soft border.It will apply if the UK and EU have not agreed a final deal at the end of a standstill transition period or if that final deal does not guarantee a soft border.
It will not apply if the UK leaves without a deal in October.It will not apply if the UK leaves without a deal in October.
The EU have insisted that any Brexit deal must contain the backstop.The EU have insisted that any Brexit deal must contain the backstop.
Why might it be needed?Why might it be needed?
At present, goods and services are traded between the two jurisdictions with few restrictions.At present, goods and services are traded between the two jurisdictions with few restrictions.
That is because the UK and Ireland are part of the EU's single market and customs union, so products do not need to be inspected for customs or standards.That is because the UK and Ireland are part of the EU's single market and customs union, so products do not need to be inspected for customs or standards.
But, after Brexit, all that could change - the two parts of Ireland could be in different customs and regulatory regimes, which could mean products being checked at the border.But, after Brexit, all that could change - the two parts of Ireland could be in different customs and regulatory regimes, which could mean products being checked at the border.
The preference of both sides is to prevent this happening through a deep and comprehensive trade deal.The preference of both sides is to prevent this happening through a deep and comprehensive trade deal.
However, the UK's current red lines, which include leaving the customs union and the single market, make that very difficult.However, the UK's current red lines, which include leaving the customs union and the single market, make that very difficult.
A technological solution for the border is favoured by many Brexit supporters but the EU are very sceptical about whether it can work without a degree of close regulatory alignment. A technological solution for the border is favoured by many Brexit supporters but the EU are very sceptical about whether it can work if the rules around some goods and services diverge.
What if the trade deal or the technology aren't enough?What if the trade deal or the technology aren't enough?
Then the backstop would be applied.Then the backstop would be applied.
It would see Northern Ireland staying aligned to some rules of the EU single market.It would see Northern Ireland staying aligned to some rules of the EU single market.
That means that goods coming into Northern Ireland from elsewhere in the UK would need to be checked to see if they meet EU standards.That means that goods coming into Northern Ireland from elsewhere in the UK would need to be checked to see if they meet EU standards.
It would also involve a temporary single customs territory, effectively keeping the whole of the UK in the EU customs union.It would also involve a temporary single customs territory, effectively keeping the whole of the UK in the EU customs union.
These arrangements would apply unless and until both the EU and UK agree they are no longer necessary.These arrangements would apply unless and until both the EU and UK agree they are no longer necessary.
Why has this been so controversial? Why is the backstop so controversial?
In November 2018, then Prime Minister Theresa May said her cabinet had finally backed a deal between UK-EU negotiators that included agreement on a backstop.In November 2018, then Prime Minister Theresa May said her cabinet had finally backed a deal between UK-EU negotiators that included agreement on a backstop.
This sparked a huge backlash from MPs at Westminster and several of her own ministers resigned in protest.This sparked a huge backlash from MPs at Westminster and several of her own ministers resigned in protest.
They feared that the backstop would be used to permanently trap the UK in the EU customs union, preventing the country from striking its own trade deals.They feared that the backstop would be used to permanently trap the UK in the EU customs union, preventing the country from striking its own trade deals.
Some MPs said the backstop would only be acceptable if it had a strict time limit or if the UK had a unilateral right to end the arrangement.
The DUP, a Northern Ireland unionist party that props up the Conservative minority government, also objected strongly saying it would not accept any additional Northern Ireland-only checks, because it is concerned that any differences between NI and Great Britain could threaten the union.
However, business and farming groups in Northern Ireland urged support for the backstop saying it was an acceptable way to protect cross-border trade.
Non-unionist political parties in Northern Ireland also support the backstop.
However, Mrs May's failure to get parliamentary support for the backstop would ultimately lead to her resignation.
What does legal advice on the backstop say?
In March 2019 the EU and UK agreed a joint interpretation of the backstop, clarifying the earlier deal.In March 2019 the EU and UK agreed a joint interpretation of the backstop, clarifying the earlier deal.
It explained the ways in which UK could start a "formal dispute" against the EU, if it tried to keep the UK tied into the backstop indefinitely.It explained the ways in which UK could start a "formal dispute" against the EU, if it tried to keep the UK tied into the backstop indefinitely.
It also emphasised that the EU would undertake joint work to find the technological solutions favoured by Brexit supporters.It also emphasised that the EU would undertake joint work to find the technological solutions favoured by Brexit supporters.
This was intended to help Theresa May win parliamentary support for the backstop.This was intended to help Theresa May win parliamentary support for the backstop.
However, her Attorney General, Geoffrey Cox, concluded that "the legal risk remains unchanged" that if a post-Brexit trade agreement cannot be reached due to genuinely "intractable differences", the UK would have "no internationally lawful means" of leaving the backstop without EU agreement. But her deal was voted down three times, leading to her resignation.
What about a Northern Ireland backstop?
This is what the EU originally proposed.
It would involve Northern Ireland alone remaining in the EU's single market and customs union, leaving the rest of the UK (England, Scotland and Wales) free to strike trade deals.
But the DUP - a Northern Ireland unionist party that propped up Theresa May's minority Conservative government - objected to this.
It said it would not accept any additional Northern Ireland-only checks, because it was concerned any differences between Northern Ireland and Great Britain could threaten the union.
Mrs May opted instead for a UK-wide backstop.
However, business and farming groups in Northern Ireland urged support for the backstop saying it was an acceptable way to protect cross-border trade.
Non-unionist political parties in Northern Ireland also support the backstop.
What happens now?What happens now?
Prime Minister Boris Johnson says he is committed to "getting rid" of the backstop, describing it as "divisive" and "anti-democratic".Prime Minister Boris Johnson says he is committed to "getting rid" of the backstop, describing it as "divisive" and "anti-democratic".
"No country that values its independence, and indeed its self-respect, could agree to a treaty which signed away our economic independence and self-government as this backstop does," Mr Johnson told the House of Commons."No country that values its independence, and indeed its self-respect, could agree to a treaty which signed away our economic independence and self-government as this backstop does," Mr Johnson told the House of Commons.
He is adamant that a no-deal Bexit is preferable to the backstop. He is adamant that a no-deal Brexit is preferable to the backstop.
However, the EU has, so far, given no signal that it will be willing to renegotiate.However, the EU has, so far, given no signal that it will be willing to renegotiate.
Is there an alternative?
The UK government has floated the idea of a single zone on the island of Ireland for food standards.
The EU has a strict rule that products from a non-member state must be checked at the point of entry.
And many trade experts suggest the only way to prevent those checks at the Irish border would be for the two parts of the island to have the same standards.
In effect, that would mean Northern Ireland would have to continue to follow EU standards.
And that would mean some food products coming from elsewhere in the UK would be subject to new checks and controls at Northern Ireland ports.
In fact, the island of Ireland is already a single zone for animal health, which means all livestock coming into Northern Ireland from Great Britain is checked on entry.
The DUP has not ruled out a single food standards zone.
But the Irish government is sceptical about the proposal.
The country's Prime Minister, Leo Varadkar, said: "It's not enough on its own.
"We would need a single Irish economic zone, or whatever you would like to call it, to cover more than agriculture and food."