08-12-2017, 15:59
Interesting analysis from the irish times
The great surprise of the text of the joint report is that its language is actually much more favourable to Ireland that the text that was leaked on Monday as having been agreed. The language that caused the Democratic Unionist Party to threaten hellfire and damnation suggested that there would be continuing “regulatory alignment” between the two parts of Ireland. What we’ve actually ended up with is much firmer and clearer - and it explicitly invokes the customs union and the single market as the source of these regulations: “In the absence of agreed solutions, the United Kingdom will maintain full alignment with those rules of the Internal Market and the Customs Union which, now or in the future, support North-South cooperation, the all-island economy and the protection of the 1998 Agreement.”
The phrase “in the future” is crucial - it means that every single change in the EU’s rules will have to be mirrored north of the border. But this is now the wooden horse inside the walls of Troy because, to avoid the idea of Northern Ireland becoming a separate regulatory space, there will also have to be the same mirroring of the rules and regulations that continue to apply in Northern Ireland by the UK as a whole. The mathematics are simple: if A equals B and B equals C, then C equals A. A is Ireland’s position in the single market and customs union, B is Northern Ireland’s full alignment to that position and C is the UK’s commitment not to differ from Northern Ireland. The commitment to have no barriers to east-west trade means that London is effectively a prisoner of Belfast."
The great surprise of the text of the joint report is that its language is actually much more favourable to Ireland that the text that was leaked on Monday as having been agreed. The language that caused the Democratic Unionist Party to threaten hellfire and damnation suggested that there would be continuing “regulatory alignment” between the two parts of Ireland. What we’ve actually ended up with is much firmer and clearer - and it explicitly invokes the customs union and the single market as the source of these regulations: “In the absence of agreed solutions, the United Kingdom will maintain full alignment with those rules of the Internal Market and the Customs Union which, now or in the future, support North-South cooperation, the all-island economy and the protection of the 1998 Agreement.”
The phrase “in the future” is crucial - it means that every single change in the EU’s rules will have to be mirrored north of the border. But this is now the wooden horse inside the walls of Troy because, to avoid the idea of Northern Ireland becoming a separate regulatory space, there will also have to be the same mirroring of the rules and regulations that continue to apply in Northern Ireland by the UK as a whole. The mathematics are simple: if A equals B and B equals C, then C equals A. A is Ireland’s position in the single market and customs union, B is Northern Ireland’s full alignment to that position and C is the UK’s commitment not to differ from Northern Ireland. The commitment to have no barriers to east-west trade means that London is effectively a prisoner of Belfast."