BBC Breakfast: Fallout from Brexit Minister Lord Frost's speech
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Lord Frost threatened to trigger Article 16 and suspend the Brexit deal if the EU did not budge on border checks and agree to remove the power of the European Court of Justice (ECJ) from Northern Ireland. Mr Sefcovic has compromised with Lord Frost and agreed to cut down 80 percent of checks on goods which will mean “low risk” British goods like chilled meats and medicines can be sold in Northern Ireland without strenuous checks.
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But he has refused to change his stance on the ECJ’s position in Northern Ireland.
Speaking to EU diplomats in Brussels on Wednesday, Mr Sefcovic said: “I believe we share the same goals of prosperity, stability and peace on the island of Ireland.
He added: “You cannot have access to the single market without the jurisdiction of the ECJ.”
Political journalists believe the EU’s unexpectedly generous proposal makes it much harder for the Prime Minister to trigger Article 16 to legally suspend aspects of the Brexit deal, that he agreed to in October 2019.
But Lord Frost said that he will not accept a protocol that continues the power of the ECJ to be implemented in Northern Ireland, because Brexit was meant to ensure that the EU no longer had any kind of control over any part of the UK.
Other ministers have backed Lord Frost to dig his heels in over the ECJ.
Health Secretary Mr Javid said: “Looking forward, there should not be a role for the ECJ in any part of the UK, and that includes Northern Ireland. I think it is an over-legalistic approach that the court has.
“Lord Frost has been really clear about this…one of the most important issues is to end the role of the ECJ.”
The EU has warned that in order for the ECJ to be removed, Northern Ireland could no longer be part of the EU’s single market, which would create a hard border between North and South that could re-spark tensions from “the troubles” era.
Irish Taoiseach (Prime Minister) Micheal Martin and Northern Irish deputy First Minister Michelle O’Neill are happy with the deal proposed by Maros Sefcovic’s and say it is well put together.
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Mr Martin commented: “The commission have demonstrated imagination, innovation, and also a listening ear to the people who matter, the people who are in Northern Ireland, who are on the ground dealing with these issues.”
Ms O’Neill smiled as she said: “I think this represents progress and I think very much fulfils the commitments that have been made in the protocol to protect the All-Island economy, to ensure no hard border on this island and to make sure we protect the Good Friday Agreement.”
The Prime Minister now faces a dilemma, as rejecting the EU’s generous proposal on checks will further damage relations with the Commission, but accepting it means giving into EU authority and allowing its court power to remain.
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Lord Frost believes that the EU’s refusal to remove ECJ powers from Northern Ireland could lead to serious societal issues and Unionists argue the proposal undermines Northern Ireland’s position as part of the UK.
During a speech to EU ministers in Lisbon on Tuesday, Lord Frost said: “The role of the European Court of Justice and the EU institutions in Northern Ireland create a situation where there appears to be no discretion about how provisions in the Protocol are implemented.”
He added: “The EU can make laws which apply in Northern Ireland without any kind of democratic scrutiny or discussion.
“Even now, as the EU considers possible solutions, there is an air of it saying ‘we have decided what’s best for you, and will now implement it.’”
Northern Irish politicians, however, emphasise that the Northern Ireland protocol should be based on what is best for the people of Northern Ireland and not a battle of power between the British parliament and the EU.
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