Q&A: What is the new Brexit deal on Northern Ireland – and what are the pitfalls?

Q&A: What is the new Brexit deal on Northern Ireland – and what are the pitfalls?

Q&A: What is the new Brexit deal on Northern Ireland – and what are the pitfalls?

  • Concerns remain about whether EU law trumps UK law in Northern Ireland
  • Rishi Sunak is said to believe the deal meets all seven of the DUP’s “red line” tests

What is the Northern Ireland Protocol?

It is the post-Brexit trade deal that has been agreed between London and Brussels which allows goods to be transported across the Irish land border without the need for controls.

What is the likely new deal?

Nearly all checks and most paperwork for trade across the Irish Sea would be scrapped. Crucially, it is still not clear whether Westminster would determine Northern Ireland’s VAT and state aid policy. The Northern Ireland Assembly and the British government would have the right to be consulted on and challenge new EU laws affecting the province.

Ursula von der Leyen, President of the European Commission, attends a press conference in Brussels, Belgium, February 16, 2023

Ursula von der Leyen, President of the European Commission, attends a press conference in Brussels, Belgium, February 16, 2023

Rishi Sunak is said to believe the deal meets all seven of the DUP's

Rishi Sunak is said to believe the deal passes all seven of the DUP’s “red line” tests, but DUP leaders have thwarted deal attempts in the past. Pictured: DUP leader Jeffrey Donaldson at the Culloden Hotel in Belfast, Northern Ireland, February 17, 2023

Would the deal address sovereignty?

Concerns remain about whether EU law will ultimately trump UK law in Northern Ireland. The proposed deal is controversially expected to include a role for the European Court of Justice, but only as a last resort and after referral from Northern Ireland’s courts.

Is the Democratic Unionist Party expected to accept it?

Rishi Sunak is said to believe the deal passes all seven of the DUP’s “red line” tests, but DUP leaders have thwarted deal attempts in the past.

What does Boris Johnson say?

He has urged Mr Sunak to keep the legislation he introduced himself as prime minister so that the government can unilaterally tear up the current Brexit deal. It has been put on hold while discussions continue. However, Downing Street says any deal would make the Johnson legislation obsolete.

Would Northern Irish manufacturers face problems in the future?

At the moment goods made in Northern Ireland can be sold to the EU and UK without ‘Brexit paperwork’. However, it is not clear what could happen if the UK deviates from EU rules in the future. Manufacturers may need to make two separate products, one for each market. The British government is said to have pushed for Northern Irish goods to be sold throughout the UK.