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| Boris Johnson's plans for Irish border checks threaten Brexit talks | Boris Johnson's plans for Irish border checks threaten Brexit talks |
| (about 1 hour later) | |
| Boris Johnson’s hopes of entering into intensive Brexit negotiations next week could be dashed after his backing for a customs border on the island of Ireland was criticised in Berlin for beckoning in the return of a hard border. | |
| With little over two weeks before a crunch EU leaders’ summit at which Johnson hopes to sign off on a deal, Downing Street is banking on entering secretive “tunnel” negotiations to hammer out the details of an agreement. | With little over two weeks before a crunch EU leaders’ summit at which Johnson hopes to sign off on a deal, Downing Street is banking on entering secretive “tunnel” negotiations to hammer out the details of an agreement. |
| Johnson’s predecessor at No 10, Theresa May, secured an all-UK customs element to the backstop following such a period of talks in 2018, during which the European commission’s negotiators took risks over the unity of the EU27 in order to find a deal that could be put to parliament. | Johnson’s predecessor at No 10, Theresa May, secured an all-UK customs element to the backstop following such a period of talks in 2018, during which the European commission’s negotiators took risks over the unity of the EU27 in order to find a deal that could be put to parliament. |
| When that deal emerged from the secret talks, a number of member states, including France, were unhappy with the outcome but allowed it to pass, having been convinced it was the only deal the Commons could accept. | When that deal emerged from the secret talks, a number of member states, including France, were unhappy with the outcome but allowed it to pass, having been convinced it was the only deal the Commons could accept. |
| But the UK’s current direction of travel, including an insistence on the return of a customs border, offers little room for negotiation, EU diplomats have said. “I haven’t seen a tunnel and I have never even seen the signs of heading to a tunnel,” said one EU diplomat. “Please put on your lights. I think it is a bit premature.” | But the UK’s current direction of travel, including an insistence on the return of a customs border, offers little room for negotiation, EU diplomats have said. “I haven’t seen a tunnel and I have never even seen the signs of heading to a tunnel,” said one EU diplomat. “Please put on your lights. I think it is a bit premature.” |
| The British government’s version of Brexit involves the UK ultimately 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 standstill placeholder to ensure such checks do not have to be imposed between Brexit happening with a deal, and the start of a new free trade agreement yet to be negotiated between the UK and the EU. | The British government’s version of Brexit involves the UK ultimately 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 standstill placeholder to ensure such checks do not have to be imposed between Brexit happening with a deal, and the start of a new free trade agreement yet to be negotiated between the UK and the EU. |
| Theresa May's withdrawal agreement proposed keeping the whole of the UK in a shared customs territory with the EU during this period. An alternative idea involves only Northern Ireland staying in the EU’s customs territory. That would place a customs border in the Irish Sea. May described it as a threat to the constitutional integrity of the UK, but the new prime minister, Boris Johnson, has opened the current talks by proposing an all-Ireland agri-food zone. The suggestion is that he will seek to quietly build on that with further NI-only arrangements. | Theresa May's withdrawal agreement proposed keeping the whole of the UK in a shared customs territory with the EU during this period. An alternative idea involves only Northern Ireland staying in the EU’s customs territory. That would place a customs border in the Irish Sea. May described it as a threat to the constitutional integrity of the UK, but the new prime minister, Boris Johnson, has opened the current talks by proposing an all-Ireland agri-food zone. The suggestion is that he will seek to quietly build on that with further NI-only arrangements. |
| Given an NI-only backstop was an EU proposal in the first place, the U-turn would be warmly welcomed in Brussels, although attempts to give the Northern Ireland assembly a veto on its continuation would not be acceptable, and the DUP would be unlikely to support the prime minister in such a move in parliament. | Given an NI-only backstop was an EU proposal in the first place, the U-turn would be warmly welcomed in Brussels, although attempts to give the Northern Ireland assembly a veto on its continuation would not be acceptable, and the DUP would be unlikely to support the prime minister in such a move in parliament. |
| If there is a no-deal Brexit, then there is no backstop. | If there is a no-deal Brexit, then there is no backstop. |
| Daniel Boffey | Daniel Boffey |
| The chair of the Bundestag’s foreign affairs committee, Norbert Röttgen, who is in the same party as the German chancellor, Angela Merkel, tweeted: “Johnson simply doesn’t learn: his latest Brexit plans are not serious and violate the law. He wants to ask not to extend the deadline and proposes a backstop that de facto is a hard border. Not least to protect the sovereignty of parliament. EU should give a long extension.” | The chair of the Bundestag’s foreign affairs committee, Norbert Röttgen, who is in the same party as the German chancellor, Angela Merkel, tweeted: “Johnson simply doesn’t learn: his latest Brexit plans are not serious and violate the law. He wants to ask not to extend the deadline and proposes a backstop that de facto is a hard border. Not least to protect the sovereignty of parliament. EU should give a long extension.” |
| Speaking to the media on Tuesday, Johnson denied reports that his first formal proposals to the EU would involve customs clearance sites five to 10 miles from the border to the north and the south to deal with imports and exports. | Speaking to the media on Tuesday, Johnson denied reports that his first formal proposals to the EU would involve customs clearance sites five to 10 miles from the border to the north and the south to deal with imports and exports. |
| The prime minister reiterated, however, that Northern Ireland could not be left in the EU’s customs territory after Brexit, and the government admits the consequence would be extra checks and controls. | The prime minister reiterated, however, that Northern Ireland could not be left in the EU’s customs territory after Brexit, and the government admits the consequence would be extra checks and controls. |
| According to EU sources, the suggestion made in one of the four “non-paper” discussion documents submitted by the UK to the European commission would involve checks taking place at traders’ premises or at customs clearance sites away from the border. | According to EU sources, the suggestion made in one of the four “non-paper” discussion documents submitted by the UK to the European commission would involve checks taking place at traders’ premises or at customs clearance sites away from the border. |
| The UK has suggested the Republic of Ireland could mirror those arrangements, with close border control cooperation between customs authorities on both sides. | The UK has suggested the Republic of Ireland could mirror those arrangements, with close border control cooperation between customs authorities on both sides. |
| The customs authorities would use GPS for the real-time tracking of goods and freight traffic over the border, with the paperwork carried out in advance. | The customs authorities would use GPS for the real-time tracking of goods and freight traffic over the border, with the paperwork carried out in advance. |
| Trusted traders, and small and medium-sized businesses who benefit from exemptions, would in the most part cross through without trouble, but customs authorities would electronically flag those down who cause any concern. They would be asked to report to a designated centre. | Trusted traders, and small and medium-sized businesses who benefit from exemptions, would in the most part cross through without trouble, but customs authorities would electronically flag those down who cause any concern. They would be asked to report to a designated centre. |
| Such ideas would be an anathema to Brussels and Dublin but EU diplomats noted that as yet there had not been any formal proposals tabled from the UK. | Such ideas would be an anathema to Brussels and Dublin but EU diplomats noted that as yet there had not been any formal proposals tabled from the UK. |
| The EU side is asking whether the fierce reaction against the proposals for checks near the land border – as well as questions raised by EU negotiators in technical talks – will prompt the UK to make “more realistic” proposals. | The EU side is asking whether the fierce reaction against the proposals for checks near the land border – as well as questions raised by EU negotiators in technical talks – will prompt the UK to make “more realistic” proposals. |
| Inside the EU, both Ireland and Northern Ireland are part of the single market and customs union so share the same regulations and standards, allowing a soft or invisible border between the two. | Inside the EU, both Ireland and Northern Ireland are part of the single market and customs union so share the same regulations and standards, allowing a soft or invisible border between the two. |
| Britain’s exit from the EU – taking Northern Ireland with it – risks a return to a hard or policed border. The only way to avoid this post-Brexit is for regulations on both sides to remain more or less the same in key areas including food, animal welfare, medicines and product safety. | Britain’s exit from the EU – taking Northern Ireland with it – risks a return to a hard or policed border. The only way to avoid this post-Brexit is for regulations on both sides to remain more or less the same in key areas including food, animal welfare, medicines and product safety. |
| The 'backstop' in Theresa May's Withdrawal Agreement was intended to address this - stating that if no future trade agreement could be reached between the EU and the UK, then rules and regulations would stay as they are. This has been rejected by Brexit supporters as a 'trap' to keep the UK in the EU's customs union, which would prevent the UK striking its own independent trade deals. | The 'backstop' in Theresa May's Withdrawal Agreement was intended to address this - stating that if no future trade agreement could be reached between the EU and the UK, then rules and regulations would stay as they are. This has been rejected by Brexit supporters as a 'trap' to keep the UK in the EU's customs union, which would prevent the UK striking its own independent trade deals. |
| There are an estimated 72m road vehicle crossings a year between Northern Ireland and the Republic of Ireland, and about 14% of those crossings are consignments of goods, some of which may cross the border several times before they reach a consumer. Brexit supporters say this can be managed by doing checks on goods away from the border, but critics say it will be difficult to police this without any physical infrastructure like border posts of cameras, which could raise tensions in the divided communities of Ireland. | There are an estimated 72m road vehicle crossings a year between Northern Ireland and the Republic of Ireland, and about 14% of those crossings are consignments of goods, some of which may cross the border several times before they reach a consumer. Brexit supporters say this can be managed by doing checks on goods away from the border, but critics say it will be difficult to police this without any physical infrastructure like border posts of cameras, which could raise tensions in the divided communities of Ireland. |
| Interactive: A typical hour in the life of the Irish border | Interactive: A typical hour in the life of the Irish border |
| “Perhaps they realise if it’s anything that looks like what was floated in this leak, it is going to go down like a bucket of sick,” a source said. | “Perhaps they realise if it’s anything that looks like what was floated in this leak, it is going to go down like a bucket of sick,” a source said. |
| “There is a difference in the starting point: ‘We want to avoid the border and controls’. And the other side are saying, ‘No we will need some kind of controls, one way or another’, which is difficult for us to accept as it runs into the clear goal of the stability of the island of Ireland”, one diplomat said. “If we are talking about alternative arrangements, it has always been the EU position that they would need to be up and running from day one. And until now we have not seen that they are even possible”. | “There is a difference in the starting point: ‘We want to avoid the border and controls’. And the other side are saying, ‘No we will need some kind of controls, one way or another’, which is difficult for us to accept as it runs into the clear goal of the stability of the island of Ireland”, one diplomat said. “If we are talking about alternative arrangements, it has always been the EU position that they would need to be up and running from day one. And until now we have not seen that they are even possible”. |
| The EU leaders are due to meet on 17 October to sign off on any potential deal but there are grave doubts that this will be possible given the current mind-set in Downing Street. | The EU leaders are due to meet on 17 October to sign off on any potential deal but there are grave doubts that this will be possible given the current mind-set in Downing Street. |
| “If these are really serious proposals, which have to be translated into legal texts, and which have to get the consent of 27 governments including parliament, to manage that in 30 days is going to be quite difficult,” the senior EU diplomat added. | “If these are really serious proposals, which have to be translated into legal texts, and which have to get the consent of 27 governments including parliament, to manage that in 30 days is going to be quite difficult,” the senior EU diplomat added. |
| “If it is going to be a small issue, that might be manageable. But if – like the UK present propositions – you want to start from zero and build something completely new, that has never been tested, that is going to be very difficult to achieve.” | “If it is going to be a small issue, that might be manageable. But if – like the UK present propositions – you want to start from zero and build something completely new, that has never been tested, that is going to be very difficult to achieve.” |
| British officials have surprised EU negotiators by calling for an all-island food and agricultural zone on the island of Ireland to become permanent, according to an EU account of the plans. The backstop was always intended to be a fallback plan that would eventually be replaced by a future trade deal, so the EU was taken aback when the UK negotiating team suggested it should be permanent. | British officials have surprised EU negotiators by calling for an all-island food and agricultural zone on the island of Ireland to become permanent, according to an EU account of the plans. The backstop was always intended to be a fallback plan that would eventually be replaced by a future trade deal, so the EU was taken aback when the UK negotiating team suggested it should be permanent. |
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