EU Launches Fresh Legal Action Against UK After Northern Ireland Protocol Clears Commons

EU Launches Fresh Legal Action Against UK After Northern Ireland Protocol Clears Commons
European Commission President Ursula von der Leyen addresses a media conference at E.U. headquarters in Brussels on July 20, 2022. Virginia Mayo/AP Photo
Alexander Zhang
Updated:

The European Union has launched fresh legal action against the UK for failing to comply with the Northern Ireland Protocol of the Brexit treaty, just over a day after the UK government’s plan to scrap part of the protocol won approval in the House of Commons.

The European Commission triggered four new infringement procedures against the UK on July 22. It argued it was forced to act because the UK has been unwilling to take part in “meaningful discussion” over the protocol since February.

The commission accused the UK of failing to comply with customs requirements, not imposing E.U. rules on VAT for e-commerce, and failures over rules on alcohol excise duties.

The latest action comes on top of the infringement procedures launched on June 15.

In a statement, the European Commission said: “Despite repeated calls by the European Parliament, the 27 E.U. Member States, and the European Commission to implement the protocol, the UK government has failed to do so.

“In a spirit of constructive cooperation, the commission refrained from launching certain infringement procedures for over a year to create the space to look for joint solutions with the UK.

“However, the UK’s unwillingness to engage in meaningful discussion since last February and the continued passage of the Northern Ireland Protocol Bill through the UK Parliament go directly against this spirit.”

Controversial Plan

Prime Minister Boris Johnson signed the Northern Ireland Protocol with the E.U. in 2019 as part of the Brexit withdrawal agreement, with the measures aimed at preventing a hard border on the island of Ireland.

But the protocol has been fiercely opposed by unionists in the British province, who complain that it effectively keeps Northern Ireland within the E.U. single market while erecting a border in the Irish Sea between the province and mainland Britain.

Northern Ireland has not had a functioning local government since February, when the Democratic Unionist Party (DUP), then the largest party in the regional assembly, withdrew from the power-sharing executive in protest against the protocol.

On June 14, the UK government published plans to override parts of the protocol, enabling ministers to establish a “green lane” so that trusted traders are allowed to move goods from Great Britain to Northern Ireland without checks, as long as the products remain within the UK.

But the E.U. has criticised the UK’s actions for breaking international law and undermining trust between the two sides.

The dispute risks a trade war, with tariffs being imposed or even the suspension of the entire Brexit deal between the UK and E.U.

The Northern Ireland Protocol Bill cleared the House of Commons on July 20 after MPs voted 267–195, majority 72, to give it a third reading.

It now faces a rocky ride through the House of Lords, where peers are expected to contest parts of the bill when they consider it after the summer recess, setting up a lengthy showdown between the two Houses.

PA Media contributed to this report.