Insight
UK must swallow the unpalatable Irish backstop by Sam Lowe 15 May 2018
Theresa May and the Brexiters should have the courage of their convictions and agree to a backstop that grants a special status to Northern Ireland. Has there ever been so much friction over something frictionless? The British government has been arguing with itself for weeks over the whether the UK should remain in a customs union with the EU, try and negotiate a new-fangled customs partnership, or rely on trade facilitation and future technology to smooth friction at the Irish border. Ostensibly, this debate has been conducted in the hope of arriving at a solution to the Irish border conundrum before the next meeting of the European Council on June 28th, but whatever option the UK cabinet eventually corals around will not suffice. This is because the British aspirations for the future UK-EU relationship, while useful to the broader negotiations, are not bankable. Rather, the EU is waiting for the UK to agree the detail of a backstop that ensures no physical infrastructure on the Irish border, or associated checks, in case the future EU-UK trade relationship falls short of guaranteeing their absence. The UK could signal its intent to remain in the single market and a customs union with the EU, yet it still would not eliminate the need for a workable backstop. Aspirations can never masquerade as insurance, and Ireland cannot rely unconditionally upon a potential negotiated outcome that could be some years away (at best). The EU’s dominance of the Brexit process means the UK has little choice in the matter, however politically difficult it might be for Theresa May and Brexiters to swallow. Only once the backstop is in place, in the form of a ratified withdrawal agreement, will the EU consider proposals for the border dependent on the future trading relationship, new technology or innovative thinking. While the UK has agreed to a backstop in principle, as part of the EU-UK December joint report, it is so hostile to the idea that it has yet to engage constructively on the detail. A Commission draft protocol, which gave the backstop legal form, came as a shock to many in Westminster when it was published in February. In essence, the Commission’s draft said that, absent a workable solution, Northern Ireland would effectively remain within the EU’s customs union and the single market for goods (alongside provisions for other all-Ireland issues, such as electricity). If it came into effect, this would inevitably entail CER INSIGHT: UK must swallow the unpalatable Irish backstop 15 May 2018
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