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You can find the current article at its original source at https://www.theguardian.com/politics/2019/sep/10/a-northern-ireland-only-backstop-what-is-it-and-will-anyone-go-for-it
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| A Northern Ireland-only backstop: what is it and will anyone go for it? | A Northern Ireland-only backstop: what is it and will anyone go for it? |
| (32 minutes later) | |
| After three years of debate and negotiation there is little new under the sun when it comes to Brexit. But it is rumoured in Westminster, and hoped in Brussels, that Boris Johnson is to revert to a Northern Ireland-only backstop as he seeks to move past the Brexit impasse and avoid breaking his word and extending the UK’s membership beyond 31 October. | After three years of debate and negotiation there is little new under the sun when it comes to Brexit. But it is rumoured in Westminster, and hoped in Brussels, that Boris Johnson is to revert to a Northern Ireland-only backstop as he seeks to move past the Brexit impasse and avoid breaking his word and extending the UK’s membership beyond 31 October. |
| What is an NI-only backstop? | |
| The British government’s version of Brexit involves the UK leaving the single market and customs union, requiring the return of a range of checks on goods crossing the border between Northern Ireland and the Republic of Ireland. The “backstop” is intended as a placeholder to ensure such checks do not have to be imposed between the end of the stand-still transition period that is offered in the withdrawal agreement and the start of an all-solving future economic relationship. | |
| Variously described as an insurance policy or safety net, the backstop is a device in the withdrawal agreement intended to ensure that there will not be a hard border between Northern Ireland and the Republic of Ireland, even if no formal deal can be reached on trade and security arrangements. | Variously described as an insurance policy or safety net, the backstop is a device in the withdrawal agreement intended to ensure that there will not be a hard border between Northern Ireland and the Republic of Ireland, even if no formal deal can be reached on trade and security arrangements. |
| It would mean that if there were no workable agreement on such matters, Northern Ireland would stay in the customs union and much of the single market, guaranteeing a friction-free border with the Republic. This would keep the Good Friday agreement intact. | It would mean that if there were no workable agreement on such matters, Northern Ireland would stay in the customs union and much of the single market, guaranteeing a friction-free border with the Republic. This would keep the Good Friday agreement intact. |
| Both the UK and EU signed up to the basic idea in December 2017 as part of the initial Brexit deal, but there have been disagreements since on how it would work. | Both the UK and EU signed up to the basic idea in December 2017 as part of the initial Brexit deal, but there have been disagreements since on how it would work. |
| The DUP have objected to it, as it potentially treats Northern Ireland differently from the rest of the UK, creating a customs divide in the Irish Sea, which is anathema to the unionist party. | The DUP have objected to it, as it potentially treats Northern Ireland differently from the rest of the UK, creating a customs divide in the Irish Sea, which is anathema to the unionist party. |
| Hardline Tory Eurosceptics also object to it, as they perceive it to be a trap that could potentially lock the UK into the EU’s customs union permanently if the UK & EU cannot seal a free trade agreement. That would prevent the UK from doing its own free trade deals with nations outside the bloc. | Hardline Tory Eurosceptics also object to it, as they perceive it to be a trap that could potentially lock the UK into the EU’s customs union permanently if the UK & EU cannot seal a free trade agreement. That would prevent the UK from doing its own free trade deals with nations outside the bloc. |
| Joint interpretative instrument | Joint interpretative instrument |
| A legal add-on to the withdrawal agreement was given to Theresa May in January 2019 to try to get her deal through the UK parliament. It gives legal force to a letter from Jean-Claude Juncker and Donald Tusk, the presidents of the commission and council. This stated the EU’s intention to negotiate an alternative to the backstop so it would not be triggered, or, if it was triggered, to get out of it as quickly as possible. | A legal add-on to the withdrawal agreement was given to Theresa May in January 2019 to try to get her deal through the UK parliament. It gives legal force to a letter from Jean-Claude Juncker and Donald Tusk, the presidents of the commission and council. This stated the EU’s intention to negotiate an alternative to the backstop so it would not be triggered, or, if it was triggered, to get out of it as quickly as possible. |
| Unilateral statement from the UK | Unilateral statement from the UK |
| This set out the British position that, if the backstop were to become permanent and talks on an alternative were going nowhere, the UK believes it would be able to exit the arrangement. | This set out the British position that, if the backstop were to become permanent and talks on an alternative were going nowhere, the UK believes it would be able to exit the arrangement. |
| Additional language in political declaration | Additional language in political declaration |
| This emphasises the urgency felt on both sides to negotiate an alternative to the backstop, and flesh out what a technological fix would look like. However, it failed to persuade the attorney general, Geoffrey Cox, who said that while it ‘reduces the risk’ of the UK being trapped in a backstop indefinitely, it does not remove it. | This emphasises the urgency felt on both sides to negotiate an alternative to the backstop, and flesh out what a technological fix would look like. However, it failed to persuade the attorney general, Geoffrey Cox, who said that while it ‘reduces the risk’ of the UK being trapped in a backstop indefinitely, it does not remove it. |
| Boris Johnson declared the Northern Ireland backstop ‘dead’ during his leadership campaign, and promised to throw it out of any deal he renegotiated with the EU. The EU has repeatedly stated that it will not reopen the withdrawal agreement for renegotiation. | Boris Johnson declared the Northern Ireland backstop ‘dead’ during his leadership campaign, and promised to throw it out of any deal he renegotiated with the EU. The EU has repeatedly stated that it will not reopen the withdrawal agreement for renegotiation. |
| Daniel Boffey, Martin Belam and Peter Walker | Daniel Boffey, Martin Belam and Peter Walker |
| The backstop in the current withdrawal agreement would temporarily keep Northern Ireland in the single market, meaning some checks on goods entering Northern Ireland from Britain. But the whole of the UK would stay in a shared customs territory with the EU. This insurance arrangement was negotiated by Theresa May because the then prime minister was of the opinion that no British prime minister could countenance agreeing to the EU’s first proposal: a backstop that involved only Northern Ireland staying in the EU’s customs territory. That would involve a customs border being drawn in the Irish Sea. May described it as a threat to the constitutional integrity of the UK. | The backstop in the current withdrawal agreement would temporarily keep Northern Ireland in the single market, meaning some checks on goods entering Northern Ireland from Britain. But the whole of the UK would stay in a shared customs territory with the EU. This insurance arrangement was negotiated by Theresa May because the then prime minister was of the opinion that no British prime minister could countenance agreeing to the EU’s first proposal: a backstop that involved only Northern Ireland staying in the EU’s customs territory. That would involve a customs border being drawn in the Irish Sea. May described it as a threat to the constitutional integrity of the UK. |
| Why has the NI-only backstop re-emerged as a possible solution? | |
| Boris Johnson has been thwarted from holding a general election or taking the country out of the EU without a deal on 31 October. But the prime minister has also said he would rather “die in a ditch” than ask the EU for an extension to the UK’s membership. Logic would suggest his only option now would be to agree a tweaked deal with the EU and bring it back to parliament in October. He has opened the current talks by proposing an all-Ireland agrifood zone, which is one part of a Northern Ireland-only backstop. The suggestion is that he will seek to quietly build on that with further NI-only arrangements. Johnson’s EU envoy, David Frost, has already sought to discuss governance with the EU of any NI-only arrangements. | |
| Will the EU agree? | Will the EU agree? |
| Given an NI-only backstop was an EU proposal in the first place, the U-turn would be warmly welcomed although attempts to give the Northern Ireland assembly a veto on its continuation would not be acceptable. | |
| Is it likely to be the solution? | Is it likely to be the solution? |
| It is difficult to see where Johnson finds a majority in parliament. Labour, the Democratic Unionists and a large number of Conservative backbenchers have opposed the NI-only backstop in the past. An NI-only arrangement does, however, allow the UK to pursue its own trade policy, unlike the backstop in the withdrawal agreement. It could be the landing zone after a general election for a newly returned Johnson administration if the parliamentary arithmetic has changed. | |
| Brexit | Brexit |
| European Union | European Union |
| Europe | Europe |
| Foreign policy | Foreign policy |
| Northern Ireland | Northern Ireland |
| Ireland | Ireland |
| analysis | analysis |
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