Boris Johnson is preparing a “fix” to set aside some of the Northern Ireland Brexit arrangements in a high-risk move that could provoke a row with the EU and lead to further accusations that the UK is breaching international law.
The prime minister told reporters in India that the UK is ready to take measures if necessary to “fix” the deal with the EU governing post-Brexit trading arrangements with Northern Ireland.
The prime minister claimed the Northern Ireland protocol “does not command the confidence of a large part” of the population in the region.
“The protocol really does not command the confidence of a large, large component of the population in Northern Ireland. We have to address that, we have to fix that,” Johnson told a news conference in Delhi.
“We think we can do it with some very simple and reasonable steps.
“We have talked repeatedly to our friends and partners in the EU. We will continue to talk to them.
“But, as I have said many times now, we don’t rule out taking steps now if those are necessary.”
His comments come two days after Brexit opportunities minister Jacob Rees-Mogg warned the UK would “reform” the protocol if the EU did not.
Speculation is rife in Northern Ireland industry circles that the government is planning an “internal market bill 2.0” as part of the Queen’s speech – a reference to the controversial 2020 attempt to unilaterally tear up some of the protocol.
Northern Ireland minister Conor Burns told LBC radio he refused to be drawn on the specifics of the moves, which Rees-Mogg described as “in motion”.
But he said: “I hope Brussels are listening to this conversation and other conversations.
“I hope they will come back to the table constructively to allow us to change the protocol to make it work in the way it was intended.
“If they don’t hear that, then the government reserves the right, as we have always said, as laid down in the protocol, to take remedial action.”
The shadow Northern Ireland secretary Peter Kyle condemned the plan as “absolutely astonishing and incredibly damaging”.
“If we just recklessly pull out of it unilaterally, how will any other country in the world sign a deal with us and think that we will honour it?” he said.
“How will Prime Minister Modi react today when Boris Johnson asks for a trade deal if he is pulling out unilaterally of the last trade deal he signed?” he told Sky News.
The government has always maintained its right to trigger Article 16 of the protocol, but this will force the UK and the EU back into talks.
Rees-Mogg hinted two days ago that the UK would be triggering section 38 (b) of the parent EU Withdrawal Agreement Act 2020, which restates the principle of parliamentary sovereignty.
But the move risks further accusations that, while the UK is free to legislate whatever domestics laws it choses, proposed changes to the Northern Ireland protocol may not be compliant with the international treaty signed with the EU.
Giving evidence to the EU scrutiny committee this week, Rees-Mogg declared in relation to section 38 (b) of the withdrawal agreement: “We can do what we want, ultimately.”
