Does the Prime Minister understand the divorce deal he has done with the EU? Or is he being deliberately misleading? Boris Johnson got two crucial facts wrong and scored an own goal in a speech to Conservatives in Northern Ireland.
Checks on goods from GB to NI
The Prime Minister said: “There will not be tariffs or checks on goods coming from GB to NI that are not going on to Ireland.”
But the new Protocol that Johnson agreed with the EU makes clear that Northern Ireland will follow hundreds of EU rules to do with customs and movement of goods. Most are listed in Annex 2. Among these is a 101 page document “laying down the Union Customs Code” (UCC). (Regulation (EU) No 952/2013).
In order to make sure these rules are followed, there will have to be checks in the Irish Sea. The government’s own impact assessment says: “Goods moving from Great Britain to Northern Ireland will be required to complete both import declarations and Entry Summary (ENS) Declarations because the UK will be applying the EU’s UCC in Northern Ireland.” (See paragraph 241).
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It’s true that goods will not face tariffs unless they are “at risk” of entering the EU. But the criteria for determining whether there is a risk will be decided after Brexit by a joint committee of the UK and the EU. So the EU will have a veto on the rules and could have a low tolerance for risk with the result that tariffs could be paid in cases where goods stay in Northern Ireland. (Protocol, Article 5, para 2).
Checks on goods from NI to GB
Johnson said: “There will not be checks on goods going from Northern Ireland to Great Britain.”
This contradicts what his own Brexit secretary told the House of Lords last month. After initially giving the same answer that the Prime Minister did yesterday, Stephen Barclay was forced to admit that “exit summary declarations will be required in terms of NI to GB.” This is because the EU’s UCC requires such exit declarations. (See Part D of this European Commission document).
The government’s impact assessment admits as much, saying: “Some practical information will need to be provided electronically on movement of goods West-East.” (Para 239).
But after he was questioned about whether businesses would have to fill in customs declarations on goods going from NI to GB, Johnson said: “If somebody asks you to do that, tell them to ring up the Prime Minister, and I will direct them to throw that form in the bin.” Is he really going to suggest that companies break the rules he wants to agree to in an international treaty?
‘Great deal’ for Northern Ireland
The Prime Minister added: “Northern Ireland has got a great deal… You keep access to the single market.”
It is indeed great for Northern Ireland to have access to the world’s largest trade bloc. But what’s sauce for the goose is sauce for the gander. If it’s good for Northern Ireland, why isn’t it good for Wales, Scotland and England?
And if it’s good to stay in the single market, wouldn’t it be even better to sit round the EU’s table making its rules – rather than be turned into an EU colony as Northern Ireland would be under Johnson’s deal?
The way to do that is for the whole UK to stay in the EU. To achieve that, we need to stop Johnson getting a majority in the election and then give the people a chance to stop Brexit in a referendum.
This article was updated to add Johnson’s comment about throwing forms in the bin after a new video of the event was published