Explanation: what does the new post-Brexit law proposed by Great Britain for Northern Ireland contain?

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LONDON, June 13 (Reuters) – Britain on Monday published legislation aimed at tackling post-Brexit trade disruptions with Northern Ireland, setting out measures it says are necessary to protect peace in the province under British domination, but which will not fail to antagonize the European Union. .

The government sees the legislation as part of a ‘twin-track’ approach to the problem, allowing ministers to continue negotiations with the EU while having an insurance policy in the form of the new bill if those talks do not succeed.

Here are the reasons Britain wants to unilaterally change the Northern Ireland Protocol, agreed as part of its Brexit divorce deal with the EU, and what it has offered.

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WHAT IS THE NORTHERN IRELAND PROTOCOL?

– The protocol is an agreed arrangement under the UK’s Brexit deal that keeps Northern Ireland aligned with the EU’s single market for goods, avoiding a hard border with EU member Ireland EU, which was a key part of a peace agreement.

– He introduced checks on goods moving between Britain and Northern Ireland, discouraging traders from delivering certain goods to the province.

LEGISLATION RATIONALE

– Foreign Secretary Liz Truss said on May 17 that the Belfast Good Friday Peace Accord was under strain, preventing the functioning of the Northern Ireland executive.

— This argument formed the basis of the government’s legal justification. She believes that the conditions are met to justify the “doctrine of necessity”, which allows an administrative authority to use extra-constitutional measures to restore order or stability.

— Britain says the new legislation is legal under international law. He says he will not abandon the protocol agreement but will make limited changes.

PROBLEMS

— EU customs procedures for transporting goods to the UK mean that businesses face significant costs and red tape. Some companies have completely stopped this trade.

— Tax rules mean citizens of Northern Ireland cannot fully enjoy the same benefits as the rest of the UK, such as reduced VAT on solar panels.

Traffic crosses the border between Northern Ireland and Ireland along the M1 motorway, seen from Carrickcarnan, Ireland, May 19, 2022. REUTERS/Clodagh Kilcoyne

– SPSS (sanitary and phytosanitary) rules mean that UK producers face onerous requirements, including veterinary certification, to sell food in shops in Northern Ireland.

— The EU has made proposals to ease the burden on traders, but Britain says it does not address all concerns and would backtrack on the current situation.

NEW LEGISLATION

– Britain wants to introduce green and red lanes backed by trade data and a trusted trader system for goods, with the green lane for goods staying in the UK and the red for those traveling to the UK EU or are moved by merchants who are not part of the scheme merchant. Mail and parcels would go through the green lane.

— To protect the EU’s single market, it would introduce tough penalties for those who seek to abuse the system.

— Robust data sharing and a purpose built computer system with information available in real time and well within the time needed to cross the Irish Sea would be available.

— It would also remove regulatory barriers to goods made to British standards being sold in Northern Ireland. Goods can be marked with a CE or UKCA mark or both if they comply with the applicable rules. Approval could be granted by UK or EU bodies.

— Britain wants to allow businesses to choose between meeting British and EU standards in a new dual regulatory regime.

— London will be able to decide tax and spending policies across the UK. Britain is proposing to use the Subsidy Control Act 2022 to manage subsidies in the UK. Britain would give ministers the freedom to adapt or not apply the rules so that people in Northern Ireland can benefit from the same policies as those elsewhere in the UK.

— It would address governance issues by bringing the protocol into line with international standards and removing the dominance of the European Court of Justice. Britain offers more balanced arrangements that seek to manage issues through dialogue and then through independent arbitration.

HOW LONG WILL IT TAKE?

— Britain says it must deal with trade issues urgently, but there is no legislative timetable.

— He is likely to meet resistance in the upper house of parliament. A Tory lawmaker has said rarely used parliamentary acts could be used to force it through. This limits the House of Lords sunset powers to one year.

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Reporting by Elizabeth Piper, editing by Ed Osmond

Our standards: The Thomson Reuters Trust Principles.

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