‘Belligerent’ EU torn apart over Brexit – warned UK will not cave on Article 16 threat

Brexit: Lord Frost hits out at EU over Northern Ireland Protocol

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UK Brexit minister Lord Frost has called for a complete overhaul of the Northern Ireland Protocol, calling into question the role of the European Court of Justice (ECJ), which would act as the final arbitrator in any future trade dispute between the two sides. He wants this key provision removed and replaced with an independent arbitration process – but the European Union is refusing to give ground on the matter. Intensive talks between the two sides have repeatedly ended in collapse, intensifying the prospect the UK will pull the trigger on Article 16.

This mechanism enable either side to suspend parts of the agreement it deems no longer viable for economic, social or environmental reasons.

Arlene Foster, who served as Northern Ireland’s First Minister and DUP leader has launched a scathing attack against the EU, branding its strong-armed stance during negotiations over the Protocol as “belligerent”.

Ms Foster told Express.co.uk: “The UK holds the trump card at the moment because they have sovereign control over Northern Ireland.

“This is all to protect the EU Single Market and is not to protect the UK, so in fact we are actually helping them.

“There is a strong possibility Lord Frost will trigger Article 16 if the EU continues to be belligerent and say there is no renegotiation or won’t even talk about the role of the ECJ.

“Once you set down red lines like that, it’s then very difficult for the other side to continue to batter away at the door when the door is slammed.”

She insisted Lord Frost it “absolutely right” to demand the ECJ should be pulled from the agreement, as a “referee” can’t be in place that could potentially take the side of one of the parties involved.

Ms Foster said: “Lord Frost has given a very logical reason why that should be the case.

“In an international agreement, you can’t expect the ‘referee’ to be playing for one of the teams.”

The former First Minister added: “Lord Frost has very clearly set out what was needed back in July in the Command Paper and that’s why when he then mentioned the ECJ in the most recent round of talks and people seemed surprised, they really shouldn’t have been because it was in the Command Paper.

“He has been very clear and logical about why the Protocol has to be rewritten.

“But the EU is very frustrating – they just don’t get why it is so important to those of us in Northern Ireland who are British citizens.

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“It’s almost as if they see us as a place apart and they really can’t get their head around the fact that the Belfast Agreement says we remain part of the UK until such time as the population says otherwise.

“This isn’t a transition we are in – we are a full member of the UK and therefore we should be treated as such. The EU needs to compromise.”

Following the latest round of failed talks in Brussels on Friday, a UK Government spokesperson said: “Lord Frost noted that there remained significant gaps to be bridged between the UK and EU positions.

“He noted that, as set out to the House of Lords on November 10, it remained the UK’s preference to find a consensual way forward, but that Article 16 safeguards were a legitimate part of the protocol’s provisions.

“Lord Frost also underlined the need to address the full range of issues the UK had identified in the course of discussions, if a comprehensive and durable solution was to be found that supported the Belfast (Good Friday) Agreement and was in the best interests of Northern Ireland.

“In this context, although talks had so far been conducted in a constructive spirit, Lord Frost underlined that in order to make progress, it was important to bring new energy and impetus to discussions.”

Speaking during a press conference, European Commission vice president Maros Sefcovic said: “We can and must arrive at the agreed solution that Northern Ireland truly deserves.

“That is also why I raised forcefully that we need to make serious headway in the course of next week.

“This is particularly important as regards the issue of medicines.

“An uninterrupted long-term supply of medicines from Great Britain to Northern Ireland is the protocol-related issue on everyone’s mind in Northern Ireland.”

But Mr Sefcovic added: “I acknowledge and welcome the change in tone of discussion with David Frost today, and I hope this will lead to tangible results for the people in Northern Ireland.”

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