Ni Backstop Agreement

However, the legal council also stated that the instrument did not reduce the likelihood that the UK would be kept in the backstop if no bad faith on the part of the EU had been shown. Paul Bew, a Crossbench peer, noted that the downward nature of the backstop reverses the ascendancy of the Good Friday Agreement, risking “the current deterioration of North-South relations increasing in unpredictable and dangerous ways.” [63] In other words, the United Kingdom could not withdraw from the Irish backstop if the EU felt that an alternative solution would not work. In practice, this meant that the UK could not unilaterally leave the backstop in a scenario where a deadlock had been reached between the UK and the EU, not because of a proven failure of either side, but simply because of “intractable differences”. The withdrawal agreement stipulates that the UK and the EU could get rid of the backstop requirements, but only if the UK and the EU agree that there is no need to avoid a hard border in Ireland. This protocol was strongly rejected by the Democratic Unionist Party,[43] which saw it as a weakening of Northern Ireland`s place in the United Kingdom[44] and is seen by a number of commentators as the main reason why the withdrawal agreement was not ratified by the United Kingdom Parliament. [45] [46] [47] Since 2018, the DUP has stated that the anti-Northern Ireland ruling must be withdrawn from the Brexit withdrawal agreement if it were to continue to support the Conservative government in the House of Commons[49] although the party has stated that it is open to limiting backstops over time. [50] The proposed withdrawal agreement would end the special regime for Northern Ireland if a solution could be found that would provide a border as pictured as it is from the Good Friday agreement to Brexit. Such a solution has yet to be identified from June 2019. Partial solutions were proposed but were not considered sufficient. The “backstop” is in effect until the EU and the UK agree to replace it. After Brexit, the border between Northern Ireland and the Republic of Ireland becomes an external border of the EU. [4] In theory, a “hard” border could return, both with fewer and monitored border crossing points, to support the necessary customs infrastructure. [5] Both the EU and UK negotiating teams have made it clear that this result will not be acceptable in any final withdrawal agreement.

[6] [7] The terms of the backstop were finalized in November 2018. In July 2019, Theresa May resigned and Boris Johnson became Prime Minister, with Boris Johnson saying he wanted to replace the Irish backstop as part of the withdrawal deal. [76] On 19 August, in a letter to the President of the European Council, the Prime Minister declared that the agreement was “undemocratic and incompatible with the sovereignty of the United Kingdom”. [77] He stressed that this was “not compatible with the UK`s desired end goal” for its relations with the EU. Its third reason for the unsurability of the backstop is that it “weakens” the Good Friday Agreement and the peace process in Northern Ireland.