Steven Barrett

Changing the Northern Ireland Protocol won’t break the law

It’s important to know the difference between legislation and treaties

Boris Johnson signing the Brexit agreement (Pippa Fowles/No. 10 Downing Street)

The UK is about to publish a bill that will override parts of the Northern Ireland Protocol. We are doing this unilaterally – the EU doesn’t want us to do it, but we’re going to do it anyway. Surely that means we’re about to breach international law?

It’s worth quickly going over why this is happening. The EU wanted to protect its common market, and no one wanted a border down the island of Ireland, so a trade border was placed in the Irish Sea. That has created trade friction between two constituent parts of the United Kingdom. Unionists are unhappy with that arrangement. And unhappy Unionists have led to the suspension of power-sharing at Stormont and therefore a problem for the Good Friday Agreement. So, the UK feels it has to act. But – ah! – by acting in this way, we go against an international agreement (the EU doesn’t want us to do this, remember).

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