PI’s Colin Murray and Clare Rice have submitted evidence to the Northern Ireland Affairs Committee in relation to its ‘Brexit and the Northern Ireland Protocol’ Inquiry.
This submission takes some initial stock of the early outworking of the Protocol in Northern Ireland, identifying some of the key challenges that have been faced and the reasons for these. It also examines Article 16 of the Protocol, and considers some practical and political dynamics around Article 18’s democratic consent provision for the Northern Ireland Assembly.
In light of the challenges that have been seen with the Northern Ireland Protocol since it came into force on 1st January 2021, there have been calls for the UK Government to use Article 16 of the Protocol as a means to solving these issues.
The UK Government has been reluctant to take this step. But in the face of mounting pressure on the UK Government to use it, and increased discussion about it, the complexity of Article 16 has come under close scrutiny.
But what is Article 16, how does it work, and what does it mean?
PI’s Clare Rice prepared an explainer on this for UK in a Changing Europe. This concise guide is available to read in full here: https://ukandeu.ac.uk/explainers/article-16-of-the-northern-ireland-protocol/
Developments have been happening at a mile a minute in Northern Ireland since the Northern Ireland Protocol came into force on 1st January 2021.
PI’s Clare Rice prepared an article for LSE Brexit examining these developments, looking specifically at the five-point strategy Northern Ireland’s DUP published in response to the challenges the Protocol has given rise to.
The DUP, having been complicit in creating the conditions that gave rise to the present situation, is now having to do the political equivalent of fighting the fires it stoked. The five-point plan that has been announced is, in effect, the party’s strategy of how it intends to do this.Clare Rice, LSE Brexit blog
The full article is available to read in full at this link: https://blogs.lse.ac.uk/brexit/2021/02/04/free-us-the-dups-northern-ireland-protocol-strategy/
PI’s Colin Murray and Clare Rice have shared a working version of their article on the topic of human rights, equality, and the implementation of the Protocol on Ireland/Northern Ireland.
The peer-reviewed paper, which will be published in its final form in the winter edition of Northern Ireland Legal Quarterly in early 2021, is available to download here.
Keep an eye on our Twitter account for updates on when the final article is published – @performidentity
A new article from PI’s Colin Murray and Clare Rice has been published in the Journal of Cross Border Studies in Ireland.
The paper examines the UK’s approach to implementing the Withdrawal Agreement’s Protocol on Ireland/Northern Ireland, focusing on pathologies of (mis)government and examining historical approaches to the management of trade between Great Britain and the island of Ireland.
The full journal is publicly available at this link, with Colin and Clare’s paper starting at pg. 17: http://crossborder.ie/site2015/wp-content/uploads/2020/09/Final-Digital-Journal-Cross-Border-Studies.pdf
The Internal Market Bill has been a source of much debate since its publication earlier in September 2020. The PI team has been busy analysing this, in real time on the project’s Twitter feed (@performidenty) and in a number of written pieces.
Colin Murray responded to the initial leak of the IMB’s contents ahead of its publication in a piece for the UK in a Changing Europe (available here), while Clare Rice prepared a blog examining the implications of the IMB for Northern Ireland for the DCU Brexit Institute blog (available here).
A short briefing paper on key aspects of the IMB for Northern Ireland is also available to view here on our website.
Follow us @performidentity for all our latest updates and analysis
Following the publication of the UK’s Command Paper on the implementation of the Withdrawal Agreement’s Protocol on Ireland / Northern Ireland, our team prepared several pieces of analysis.
Aoife O’Donoghue prepared an article for the DCU Brexit Institute Blog – ‘The UK’s Approach to Implementing the Northern Ireland Protocol‘ – which highlighted absences of detail in the document, reaching a conclusion that ‘this is unlikely to be the basis on which the EU will accept the implementation of the Ireland/Northern Ireland Protocol.’
Colin Murray, also writing for the DCU Brexit Institute Blog, highlights ambiguities between the UK’s position and the commitments already signed up to in the Withdrawal Agreement. In ‘Front-Foot Negotiations: The UK’s Proposed Implementation of the Ireland/Northern Ireland Protocol‘ it is argued that the document exposes the UK’s weak position in the discussions, and that rather than bravado, a more realistic approach is necessitated.
Clare Rice prepared an article for The UK in a Changing Europe – ‘A road to nowhere? The UK’s approach to implementing the NI Protocol.’ This piece explored the potential intent behind the position the UK outlined on implementing the NI Protocol. It suggests the Command Paper indicates that Northern Ireland will likely become collateral damage as a consequence of political ambitions beyond its control.
For further analysis and immediate responses to developments as they happen, check out our Twitter – @performidentity
Evidence has been submitted by Colin Murray and Clare Rice to the Northern Ireland Affairs Committee as part of the ‘Unfettered Access: Northern Ireland and Customs Arrangements after Brexit’ Inquiry
You can also catch-up on what PI team members, Colin Murray and Sylvia de Mars, had to say on this theme when they gave oral evidence to the Lords EU Select Committee in February here (with a full transcript available here).