The European Commission has warned it will retaliate and use “all measures at its disposal” if the UK presses ahead with a threatened bill to override the Northern Ireland Protocol.
It comes after Liz Truss, the foreign secretary, proposed new legislation overwriting parts of the post-Brexit deal, telling MPs in it will be published in the “coming weeks”.
The cabinet minister argued the Good Friday Agreement is “under strain” and that it is “necessary to act” to ensure the Northern Ireland executive can be restored.
Although Ms Truss did not specifically mention the European Court of Justice, Ms Truss said ”governance” would be overhauled – code for ending the remit of the ECJ.
She added the legislation would create new ‘green’ and ‘red’ channels for goods travelling from mainland Britain to Northern Ireland, setting up a “trusted trader” scheme.
The proposals, however, triggered an immediate response from Brussels, with the European Commission vice-president Maros Sefcovic saying he had “significant concerns” about the plan.
He said that “unilateral actions contradicting an international agreement are not acceptable”.
In his statement, Mr Sefcovic also warned of retaliatory measures, saying: “Should the UK decide to move ahead with a bill disapplying constitutive elements of the Protocol as announced today by the UK government, the EU will need to respond with all measures at its disposal.
“Our overarching objective is to find joint solutions within the framework of the Protocol. That is the way to ensure legal certainty and predictability for people and businesses in Northern Ireland.”
With political will and commitment, practical issues arising from the implementation of the Protocol in Northern Ireland can be resolved. The European Commission stands ready to continue playing its part, as it has from the outset.
While Ms Truss’s proposed actions were welcomed by some Tory MPs, Simon Hoare, the chair of the Commons Northern Ireland Affairs Committee, questioned if the government is committed to honouring the rule of law.
He began by quoting Margaret Thatcher’s commitment to the rule of law, adding: “Respect for the rule of law runs deep in our Tory veins. I find it extraordinary that a Tory government needs to be reminded of that.
“Could [Liz Truss] assure me that support for and honouring of the rule of law is what she and the Government is committed to?”
The cabinet minister replied: “I can assure him that we are committed to upholding the rule of law, we’re clear that this bill is legal in international law and we will set out the legal position in due course.”
