The United Kingdom’s (UK) House of Commons passed the Northern Ireland Bill in the second reading stage on Monday night. The legislation seeks to unilaterally change the Northern Ireland Protocol signed with the European Union (EU) as a part of its 2019 post-Brexit withdrawal agreement and could result in a trade war, with the EU having warned of legal action on several occasions.
295 Members of Parliament (MPs) voted in favour of the bill, while 221 voted against. The second reading marked the first parliamentary vote on the Bill, which was presented by Foreign Secretary Liz Truss just two weeks ago. It will now enter the Committee Stage in the coming three days, as part of an expedited process that usually takes two to three weeks.
Although Opposition leader Keir Starmer confirmed that his Labour Party would oppose the Bill, the Conservatives’ overwhelming majority in the Parliament means that the proposal is likely to be passed.
Tonight @HouseofCommons has backed the NI Protocol Bill.
— Liz Truss (@trussliz) June 27, 2022
It provides practical solutions to problems caused by the Protocol and protects the Belfast (Good Friday) Agreement.
While a negotiated outcome remains our preference - the EU must accept changes to the Protocol itself.
Truss argued that there is a “strong legal justification” for the proposal and reassured that the UK remains committed to a negotiated solution with the EU. She reiterated that while her “preferred solution” is negotiation, the EU’s resistance to reopening discussions on the Northern Ireland Protocol had forced the government’s hand.
Echoing Truss, Northern Ireland Secretary Brandon Lewis said the Bill would ensure the free flow of foods from the UK to Northern Ireland.
Earlier in the day, Prime Minister (PM) Boris Johnson predicted that the controversial legislation would be approved by the Commons “fairly rapidly” and would formally be enacted by the end of year.
Foreign Secretary Liz Truss just shamelessly told MP’s the Government’s Northern Ireland Protocol Bill “is legal”
— Peter Stefanovic (@PeterStefanovi2) June 21, 2022
IT’S NOT - IT BREAK’S INTERNATIONAL LAW AND SHE KNOWS IT
Watch in disbelief pic.twitter.com/X5RJA7CF1w
However, the bill has also once again laid bare the divisions within the Conservative Party, with former PM Theresa May, under whose leadership the Protocol was signed, said the Johnson government’s proposal violates international law and would “diminish the standing of the [UK] in the eyes of the world.” She also said that the violation of the agreement with the EU is not necessary, as “there is nothing urgent about this bill.”
Other Conservative Party members have also criticised the Bill. Simon Hoare, the party’s chair of the Commons Northern Ireland Affairs Committee, described the bill as a “failure of statecraft.” Meanwhile, MP Andrew Mitchell said that several members are concerned that the law would violate a “solemn international treaty” and could lead to a “trade war at a time [the] economy is flat.” Many other Conservatives have abstained from the vote, hoping to push for changes in the coming stages.
That being said, no Tory MP voted against the bill, though 72 didn’t vote at all.
Conservative MP Simon Hoare says that if a Labour government were planning to break international law as the Northern Ireland Protocol Bill does they would all accuse them of "not being fit for government."
— Adam Bienkov (@AdamBienkov) June 27, 2022
"For a Tory to have to point this out to fellow Tories is shameful." pic.twitter.com/pIBVsWEkqP
Meanwhile, calling the proposal “damaging and counterproductive,” Labour Party’s Shadow Foreign Secretary, David Lammy, said the Northern Ireland Bill could tarnish the UK’s reputation as it violated international law. He also said this would further delay negotiations on the issue with the EU and would take “months of parliamentary wrangling to fix.”
Echoing the criticisms, Irish Prime Minister Micheál Martin said that the UK’s decision to break from the international agreement is not a trivial matter. He remarked, “My concern is a trend towards unilateralism that is emanating from the UK government.” The Irish Foreign Ministry also released a statement pushing the British government to pursue “jointly agreed” and “long-lasting solutions,” denouncing its “unlawful unilateral approach.”
Statement by @simoncoveney on the decision to progress to a second reading of the Northern Ireland Protocol Bill in the House of Commons. pic.twitter.com/sc3HhBC3zl
— Irish Foreign Ministry (@dfatirl) June 27, 2022
The Northern Ireland Protocol was drawn up to protect the Union’s single market amid Britain’s exit from the bloc and avoid maintaining a politically-sensitive hard border between Northern Ireland, which is part of the UK but remains part of the EU’s single market, and the Republic of Ireland, which is an EU member country.
The Bill thus has four objectives. Firstly, it establishes green and red channels to “remove unnecessary costs and paperwork for businesses trading within the UK,” while also making sure that the checks are done for products entering the EU. Secondly, the proposed law would allow businesses to introduce goods in Northern Ireland’s market by abiding with either the EU or UK’s rules. Thirdly, it endeavours to “ensure Northern Ireland can benefit from the same tax breaks and spending policies as the rest of the UK,” such as COVID recovery loans. Lastly, it aims to “normalise governance arrangements so that disputes will be resolved by independent arbitration and not the European Court of Justice.”
In effect, the UK has been demanding the removal of customs controls on goods being transported from mainland Britain to Northern Ireland. However, the EU says this demand would open a backdoor for British goods to enter the bloc’s single market unchecked.
Responding to criticisms about the Bill’s violation of international law, the British government has clarified that its “state of necessity” justified its contravention of the Withdrawal Agreement with the EU under international law. The government has also cited Article 16 of the Protocol, which allows parties to take “safeguard measures” if the implementation of the agreement causes “serious economic, societal or environmental difficulties that are liable to persist, or to diversion of trade.”
Following the introduction of the Bill, the EU’s Brexit commissioner, Maroš Šefčovič, said the bloc will initiate fresh legal proceedings against the UK over its failure to set up border posts and share data with the European Commission.