New deal on Northern Ireland Protocol 'in the next fortnight'

New deal on Northern Ireland’s Brexit rules ‘in the next fortnight’ as Rishi Sunak faces showdown with Tory MPs over powers for EU judges

  • Deal to resolve Northern Ireland Protocol row ‘to be announced in next fortnight’
  • But Rishi Sunak could yet face a battle with Tory Brexiteers over role of ECJ 

A new deal to resolve the row over post-Brexit trade rules for Northern Ireland will reportedly be announced in the next fortnight.

The broad shape of an agreement on the Northern Ireland Protocol is said to have been sketched out and awaiting sign-off from Rishi Sunak.

But the Prime Minister could yet face a battle with Tory Brexiteers amid suggestions he has dropped the UK’s staunch opposition to the role of European judges.

The ability of the European Court of Justice, the EU’s top court, to decide on issues related to Northern Ireland has been a key concern for hardline eurosceptics.

It means Mr Sunak may face a challenge in convincing the Conservatives’ European Research Group of MPs to support a new agreement on the Protocol.

The broad shape of an agreement on the Northern Ireland Protocol is said to have been sketched out and awaiting sign-off from Rishi Sunak

A resolution to the Protocol dispute could pave the way for a return to power-sharing in Northern Ireland ahead of the 25th anniversary of the Good Friday Agreement in April

The Prime Minister could yet face a battle with Tory Brexiteers amid suggestions he has dropped the UK’s staunch opposition to the role of the European Court of Justice

According to the Daily Telegraph – which reported a deal is expected to be announced in the next two weeks – the UK is no longer insisting that the ECJ must not be the ultimate arbiter on EU law issues in Northern Ireland. 

Amid the likely concerns of the ERG and unionist parties in Northern Ireland about a continued role for Luxembourg judges, UK sources told the newspaper that the vast majority of trade disputes in Northern Ireland will not involve the ECJ under the new deal.

The newspaper reported that new language stressing the ECJ will only be used as a court of last resort is expected in a joint EU-UK statement when the deal is announced. 

It has previously been claimed that, under a new Protocol agreement, the ECJ will only rule on issues related to Northern Ireland if a case is referred by the province’s courts.

UK and EU officials have been holding talks for weeks on a new Protocol deal, with European Commission vice-president Maros Sefcovic having regularly had catch-up meetings with both Foreign Secretary James Cleverly and Northern Ireland Secretary Chris Heaton-Harris.

An agreement last month on a data-sharing deal – which permits Brussels access to UK IT systems for monitoring the flow of goods into Northern Ireland – buoyed hopes that an end to the bitter Protocol row was nearing.

A resolution to the dispute could also pave the way for a return to power-sharing in Northern Ireland ahead of the 25th anniversary of the Good Friday Agreement in April.

The DUP are currently boycotting Stormont’s institutions as part of their protest against the Protocol, which has prevented the establishment of a functioning Northern Ireland Executive and Assembly since elections last May.

Mr Heaton-Harris recently pushed back a deadline for fresh elections in Northern Ireland until January next year, which was viewed as a means of allowing space for a new Protocol deal to be implemented.

But an agreement between London and Brussels on the Protocol would not necessarily lead to the return of power-sharing.

The DUP has insisted any deal that may emerge must meet its tests on trade, sovereignty and accountability. 

A Government spokesman said: ‘Intensive talks between UK and EU technical teams are ongoing, with more talks due on potential solutions across all areas.’

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