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Donald Trump’s special envoy to Northern Ireland warned of the risk of creating a harsh “accidental border” on the island of Ireland, as Boris Johnson’s newly drafted plan to rewrite the withdrawal agreement was again rejected by the EU.
Mick Mulvaney, who was appointed by the US president in March, admitted concerns about recent developments, including government legislation that could unilaterally nullify aspects of the Northern Ireland deal reached with Brussels last year.
“Everyone assures me that no one is interested in seeing a hard border between the republic and Northern Ireland,” the former acting White House chief of staff said in an interview with the Financial Times. “We appreciate it, we respect it and we agree with that. The only thing I keep trying to ensure is that everyone thinks about avoiding a border by accident. The Trump administration, the state department and the United States Congress would be aligned in the desire that the Good Friday agreement be maintained so that the lack of a border is maintained. “
The comments follow a critical intervention by Democratic presidential candidate Joe Biden after the UK government published its internal market bill and admitted it would violate international law. “We cannot allow the Good Friday agreement that brought peace to Northern Ireland to become a victim of Brexit,” Biden tweeted.
The Speaker of the House of Representatives, Nancy Pelosi, also warned that Congress will refuse to ratify any trade agreement between the United Kingdom and the United States that comes before it if the British government does not comply with the terms of the withdrawal agreement.
The Internal Market Bill aims to enforce compatible rules and regulations regarding trade in England, Scotland, Wales and Northern Ireland.
Some rules, for example around food safety or air quality, which were previously established by EU agreements, will now be controlled by decentralized administrations or Westminster. The internal market bill insists that decentralized administrations must accept goods and services from all nations of the UK, even if their standards differ locally.
This, the government says, is in part to ensure international traders have access to the UK as a whole, relying on the standards and rules to be consistent.
The Scottish government has criticized it as a Westminster “takeover”, and the Welsh government has expressed fear that it will lead to a race to the bottom. If one of the countries that make up the United Kingdom lowers its standards, for example on the importation of chlorinated chicken, the other three nations will have to accept chlorinated chicken as well.
It has become even more controversial because one of its main goals is to empower ministers to pass regulations even if they are contrary to the withdrawal agreement reached with the EU under the Northern Ireland protocol.
The text does not disguise its intention, stating that the powers contained in the bill “have effect without prejudice to any relevant international or national law with which they may be incompatible or incompatible.”
The bill passed its first hurdle in parliament by 77 votes, despite rebellion from some Conservative MPs.
Martin Belam and Owen bowcott
Mulvaney said he had discussed the domestic market bill with the Irish government and was closely following the debate on it. His comments will be seen as more meaningful given that they come from a Republican figure close to the White House.
“I feel there is a lot to decide on Brexit, including the [internal market bill]. I don’t see anything in particular that inevitably leads to a hard border, but again I am simply concerned that everyone is aware of the potential risks, ”he said. “Let’s wait and see why the underlying trade discussion between the EU and the UK could end up arguing [internal market bill]. “
Under the withdrawal agreement, Northern Ireland will remain in the single market, including its state aid rules on national subsidies, and the full EU customs code will apply to goods crossing from Great Britain into Northern Ireland.
This would require the payment of refundable duties on goods that are “at risk” of moving through Northern Ireland and into the Republic of Ireland, if a broader “zero fee, zero fee” trade agreement is not reached between the EU and the UK. this year.
The internal market bill and an upcoming finance bill will give ministers the power to limit the scope of EU state aid laws where they could go beyond Northern Ireland and impact businesses in the rest of the UK from next year.
Ministers would also have the power to unilaterally decide which goods going from Britain to Northern Ireland would be considered “at risk” of moving into EU territory. The bill would also ensure that no export declarations are required for goods entering Britain from Northern Ireland.
There is concern that the UK’s failure to deliver on its promise to enforce a regulatory and customs border in the Irish Sea could lead to the need for such controls to take place on the island of Ireland, a position that all the parties are determined to adopt. avoid.
Following a protest by Conservative MPs, Downing Street clarified on Thursday that it would only ask parliament to nullify parts of the Brexit deal if the EU undermines the “fundamental purpose” of the Northern Ireland protocol.
In the deal negotiated with the rebels, the government said it will also seek to use the dispute resolution mechanisms in the withdrawal agreement at the same time as it implements contentious clauses in the domestic market bill.
While some EU diplomats saw the government’s move as “promising,” senior EU officials close to the trade negotiations insisted that the contentious clauses of the bill remained a violation of the withdrawal agreement.
One of those officials said the UK was still trying to negotiate “with a gun on the table, though not cocked.”
“It’s better than more climbing. But … she’s behind more retirement agreement breaches in the finance bill, which is not reassuring. “
A senior diplomat said the EU was “distraught and dismayed” by the UK’s attempt to unilaterally rewrite the withdrawal agreement, but that the EU was determined to continue talks.
“Because they are two separate tracks: one is the withdrawal agreement that the UK has decided to violate and the next will be the future relationship,” said the diplomat. “We will see at the end of the month what the state will be like then. We have several options at our disposal on how to proceed. “
The EU is examining two main options: take the UK to the European court of justice or continue the negotiations and then present the British government with the option of abandoning the relevant clauses of the internal market bill to secure a trade deal or leaving without an agreement.
