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by Munro Research

Northern Ireland Protocol Bill


Official Summary

Make provision about the effect in domestic law of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement, about other domestic law in subject areas dealt with by the Protocol and for connected purposes

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Overview

The Northern Ireland Protocol Bill aims to unilaterally alter the Northern Ireland Protocol, part of the UK's Brexit agreement with the EU. It seeks to override parts of the Protocol that the UK government considers detrimental to Northern Ireland's economic and political stability, focusing on goods movement, regulatory alignment, and the role of the European Court of Justice.

Description

This Bill grants ministers powers to amend or disapply sections of the Northern Ireland Protocol. Key aspects include:

Goods Movement and Customs:

The Bill allows the UK government to replace certain aspects of the Protocol regarding customs checks and duties on goods moving between Great Britain and Northern Ireland, and between Northern Ireland and the EU. New UK laws will govern these movements.

Goods Regulation:

The Bill introduces a dual regulatory system for goods in Northern Ireland. Businesses can choose between complying with UK or EU regulations (or both) for specific goods classes. The UK government will have powers to modify these regulatory routes through regulations.

State Aid:

The Bill removes the jurisdiction of the EU's state aid rules over certain subsidies in Northern Ireland.

European Court of Justice:

The Bill limits the jurisdiction of the European Court of Justice in matters related to the Northern Ireland Protocol within UK courts and tribunals.

Other Provisions:

The Bill provides broad powers for ministers to create new laws related to the Protocol, to make new agreements with the EU regarding the Protocol, and to address related matters, including expenditure. The Bill includes significant regulatory powers, allowing ministers to make changes that are incompatible with the existing Protocol.

Government Spending

The Bill allows for preparatory expenditure by ministers and devolved authorities in anticipation of implementing the new regulations. Specific figures are not provided in the bill text.

Groups Affected

  • Businesses in Northern Ireland: Will face changes in customs procedures and potentially dual regulatory burdens.
  • Businesses in Great Britain: Will experience altered trade procedures with Northern Ireland.
  • The EU: The Bill's unilateral nature could severely damage relations and lead to retaliatory measures.
  • Northern Ireland political parties: The Bill may impact the delicate balance of power and stability in Northern Ireland.
  • UK Courts: Will have reduced reliance on European Court of Justice rulings in Protocol-related cases.
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