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Brexit: What is the Irish border backstop? Brexit: What are the backstop options?
(3 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? Why might the backstop be needed?
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 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.
The EU have insisted that any Brexit deal must contain the backstop.
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 red lines, which include leaving the customs union and the single market, could 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 if the rules around some goods and services diverge. And if both sides couldn't reach agreement on a deal keeping the border as open as it is now - that's where the backstop would come in.
What if the trade deal or the technology aren't enough? So how might it it work? There are several options:
Then the backstop would be applied. A Northern Ireland only backstop?
It would see Northern Ireland staying aligned to some rules of the EU single market. This is what the EU originally proposed.
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 involve Northern Ireland alone remaining in the EU's single market and customs union, leaving Great Britain (England, Scotland and Wales) free to strike trade deals.
It would also involve a temporary single customs territory, effectively keeping the whole of the UK in the EU customs union. But the DUP - a Northern Ireland unionist party that propped up Theresa May's minority Conservative government - objected to this.
These arrangements would apply unless and until both the EU and UK agree they are no longer necessary. It said it would see Northern Ireland treated differently and could threaten the union.
Why is the backstop so controversial? A UK-wide 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. After the DUP's objections, Mrs May agreed a backstop involving the whole of the UK retaining a very close relationship with the EU - staying in the customs union - for an indefinite period.
This sparked a huge backlash from MPs at Westminster and several of her own ministers resigned in protest. It would also see Northern Ireland staying even more closely tied to some rules of the EU single market.
These arrangements would apply unless and until both the EU and UK agree they are no longer necessary.
What are the Brexit backstop options?
The backstop would not apply if the UK left the EU without a deal but the potential problems with the border would remain.
Opposition to the backstop
The backstop plan was agreed by UK-EU negotiators and formed part of Theresa May's withdrawal agreement in November 2018 (often referred to as the Brexit "divorce deal").
It sparked a backlash from many Conservative MPs (and the DUP) 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.
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 the 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.
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.
But her deal was voted down three times, leading to her resignation.But her deal was voted down three times, leading to her resignation.
What about a Northern Ireland backstop? An alternative plan?
This is what the EU originally proposed. Prime Minister Boris Johnson says he is committed to "getting rid" of the backstop, describing it as "anti-democratic".
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?
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.
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.
Is there an alternative?
The UK government has floated the idea of a single zone on the island of Ireland for food standards.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.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.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.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.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.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.The DUP has not ruled out a single food standards zone.
But the Irish government is sceptical about the proposal.But the Irish government is sceptical about the proposal.
The country's Prime Minister, Leo Varadkar, said: "It's not enough on its own. 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.""We would need a single Irish economic zone, or whatever you would like to call it, to cover more than agriculture and food."
Alternative arrangements
Many Brexit supporters say what are known as "alternative arrangements" could be used to avoid checks at the border.
The phrase is normally used to refer to technical or technological solutions.
These include things like trusted traders schemes and using GPS to track lorries.
The prime minister seems to be suggesting that these would work alongside an-all Ireland food standards zone.
The EU has committed to working on alternative arrangements but has said no systems which could solve the border problem are currently "operational".