Summary

  • The UK government pledges a law to change parts of the Brexit deal agreed with the EU on Northern Ireland

  • Foreign Secretary Liz Truss says the bill will ease trade and insists it will not break international law

  • But the government is facing criticism, with many MPs questioning the legality of the plan

  • In Brussels, EU negotiators say they have significant concerns and warn they could retaliate

  • But Boris Johnson defends his government, saying: "We don't want to nix it, we want to fix it"

  • Special trade arrangements - known as the Northern Ireland Protocol - were needed after the UK left the EU

  • But they have resulted in delays and price rises as goods arriving in Northern Ireland require paperwork

  • Political institutions in Northern Ireland are at a standstill because of the issue but the majority of elected NI assembly members accept the protocol

  1. Goodbyepublished at 17:56 British Summer Time 17 May 2022

    That's it from the live team on the protocol for today - as ever, any major developments will be found on the news home page - here.

    Today's writers were Natasha Preskey, Mary O'Connor, Kate Whannel, Richard Morris, Jennifer Scott and Grainne Connolly.

    The editor was Emma Owen, with help from Alex Therrien and Rob Corp.

  2. What happened today?published at 17:51 British Summer Time 17 May 2022

    Media caption,

    Liz Truss Commons' statement on Northern Ireland Protocol

    We're winding up now after a long day of coverage on the complex issue of trade between Northern Ireland, Great Britain and the EU. Here's a summary:

    What did the UK foreign secretary say?

    • Liz Truss said the government would introduce a new law in the coming weeks to change the Northern Ireland Protocol
    • The bill would propose "green" and "red" lanes for goods travelling between Great Britain and Northern Ireland
    • It would allow businesses to choose between meeting UK or EU standards in a new dual regulatory regime

    What did the EU say?

    • European Commission Vice-President Maroš Šefčovič said the EU will "respond with all measures at its disposal" if the UK goes ahead with its plan
    • This could mean legal action or targeted trade tariffs

    What has the reaction been in Northern Ireland?

    • Unionist parties the DUP and the Ulster Unionist Party said the move represented progress
    • Nationalist parties Sinn Féin and the SDLP weren't happy with Truss's proposals, with Sinn Féin saying they undermine the Good Friday Agreement

    What else was said?

    • The Prime Minister said changes were a "necessity" to "fix the problems with the Northern Ireland political situation"
    • Labour's Stephen Doughty said the move could trigger a "downward spiral in our relationship with the EU"

    Are the UK's plans legal?

    • Some politicians have said the UK will be breaking the law if it makes changes to the protocol
    • The protocol is part of the Brexit Agreement, which is now part of international law
    • Truss said she believes the government is acting in accordance with international law, and the reasons would be set out the UK's legal position "in due course"

    You can read more detail on all of this in our main story.

  3. Fact-checking claims about Brexit and Northern Irelandpublished at 17:30 British Summer Time 17 May 2022

    Reality Check

    People holding protest placardsImage source, Reuters

    As you'll no doubt know by now, Foreign Secretary Liz Truss has announced plans to "fix" the Northern Ireland protocol - the Brexit deal the prime minister negotiated and signed.

    We've been checking over what Ms Truss - and other members of the government - have been saying about the protocol, and you can read about what's been said on taxation, medicines, polling, and the flow of trade, here.

  4. Your Questions Answered

    Can goods for each country just be shipped there directly?published at 17:20 British Summer Time 17 May 2022

    Kenneth Langton and Steve Davies ask...

    John Campbell
    BBC News NI Economics and Business Editor

    Kenneth Langton and Steve Davies have the same query - can goods coming to NI from the mainland simply be shipped directly to Northern Irish ports, and the same for goods destined for the Republic of Ireland?

    The issue for the EU is that the protocol means Northern Ireland is effectively still part of its single market for goods.

    That means once products have arrived in Northern Ireland they are not subject to any further checks or controls if they move on into the Republic of Ireland or any other EU countries.

    So even if the intention is that those products stay in Northern Ireland, the EU still wants some assurance that they meet its standards in case they do move across the open border.

    One possible change to the protocol is a light-touch system for Great Britain goods which are clearly going to be consumed in Northern Ireland.

    While the EU, Northern Ireland and the rest of the UK have all expressed support for something like this, technical talks between the EU and UK have so far not been able to agree on how it should operate in practice.

    The UK has suggested the EU is too wedded to a ‘zero-risk’ approach which would still means lots of additional paperwork on GB-NI trade.

    A ferry arrives into Larne, Northern IrelandImage source, Getty Images
  5. Your Questions Answered

    Would it help to label exports from the UK mainland ‘for use in NI only’?published at 17:13 British Summer Time 17 May 2022

    John Campbell
    BBC News NI Economics and Business Editor

    Man looks at tablet while holding handle of shipping containerImage source, Getty Images

    Nigel Newton asks why food exports to Northern Ireland can't just be labelled to show they aren’t for use in the EU, only NI?

    There is already some labelling, but the EU would like more and the UK acknowledges that it this would have to be a part of any light touch arrangements which remove checks.

    Currently there is "pallet-level" labelling: effectively a sticker which says: "These products from the United Kingdom may not be sold outside Northern Ireland”.

    But that doesn’t appear on individual packages bought by consumers.

    The EU says that labels should already be applied to individual meat products which are covered by a so-called grace period, meaning normal EU restrictions on those goods are not being applied.

    The UK acknowledges that, if border checks are removed, there would need to be "appropriate labelling requirements so that goods could only be sold in the UK".

  6. Your Questions Answered

    Has the cost of transporting goods gone up due to the protocol?published at 17:06 British Summer Time 17 May 2022

    B Carey asks...

    John Campbell
    BBC News NI Economics and Business Editor

    We've been taking some questions from readers, and the first comes from B Carey, who asks if it's true that the cost of moving goods to NI has gone up by 27% due to the protocol.

    The protocol undoubtedly makes it more difficult and expensive to move goods to Northern Ireland from the rest of the UK, particularly food products.

    There are paperwork and checks which simply weren’t required before.

    But there is no definitive figure on how much transport costs have increased on average. The 27% figure comes from the Road Haulage Association (RHA).

    The RHA told the BBC this was not based on a formal survey but comes from information provided by NI hauliers, predominately larger operators.

    The RHA said there were variations in the additional costs, depending on what is being carried, with the highest costs for those regularly carrying food products.

  7. How would green and red channels work?published at 16:53 British Summer Time 17 May 2022

    A lorry approaches a road sign that says 'Border checks ahead'Image source, Getty Images

    When Liz Truss laid out the government's proposals for simplifying trade between Northern Ireland and the rest of the UK earlier, she suggested goods could be separated into two channels - one red and one green.

    The idea is that a so-called green channel would be for goods arriving from Great Britain that are not going to leave Northern Ireland. These would not need to be checked against EU laws, because they are staying in the UK.

    A red channel would be for items needing full checks because they are heading across the border into Ireland, and the EU.

    The UK says this system would remove trade barriers between Great Britain and Northern Ireland.

    The EU has previously suggested, external an “express lane” for goods staying in Northern Ireland. But the UK said the plans would make things worse. Read more on that here.

  8. The protocol document - in all its glorypublished at 16:47 British Summer Time 17 May 2022

    Stock image of man behind pile of documentsImage source, Getty Images

    How many times have you heard the words "Northern Ireland Protocol" today?

    We've had a really good go at summarising it for you, but there's a chance you might (possibly) want to take a look for yourself - if only to get an idea of just how detailed it is.

    If so, here it is, external - the actual wording thrashed out between the UK and the EU as part of the 2019 Withdrawal Agreement.

    It sets out how the two sides aimed to avoid Irish border checks while respecting the EU’s single market and Northern Ireland’s position in the UK.

    As you’d expect from a legal document like this, the language is pretty formal - and if you've already closed that page down, you can read a digested guide here.

  9. Two businesses, two experiences of post-Brexit tradepublished at 16:31 British Summer Time 17 May 2022

    We've spoken to a number of businesses in Northern Ireland to get an idea of how the protocol works for them.

    You can read the full article here, but we've pulled out two stories, to illustrate how it can affect trade.

    Andrew Lynas

    Andrew Lynas runs Lynas food service in County Londonderry which delivers to more than 5,000 catering customers in Northern Ireland.

    He says they have had to employ two people specifically to deal with protocol-related paperwork and find alternative suppliers.

    "We've probably had to say goodbye to about 20 different suppliers, " he says.

    "We've been able to find some alternatives on the island, and some in Europe but for some we haven't been able to find alternatives."

    Eamon McKey

    Meanwhile Eamon McKey, chief operating officer with Deli Lites, a food to go service based in County Down, says 70% of its business is delivered to the Republic of Ireland.

    The prospect of a hard border on the island of Ireland was the company's "greatest concern".

    "We welcomed the protocol as resolving the land border issue for us," he says.

    Mr McKey believes more people are now shopping locally.

  10. Business community needs stability, says retail bodypublished at 16:18 British Summer Time 17 May 2022

    Glyn Roberts, the Chief Executive of Retail NI, says "an agreed co-designed solution" involving both the UK government and the EU is needed to solve the issues raised by the protocol.

    Retail NI is the representative body for the independent retail and wholesale sector in Northern Ireland.

    “The local business community needs certainty and stability and not ongoing disputes on the protocol," he says.

    "The election of NI Assembly Speaker and establishment of the Executive needs to happen immediately - It is unacceptable that we have no effective government during this cost of living and doing business crisis."

    Glyn Roberts
  11. How have NI parties reacted to protocol statement?published at 16:09 British Summer Time 17 May 2022

    As we've been reporting, the Democratic Unionist Party has been refusing to join Northern Ireland's power-sharing administration until its objections to the protocol are dealt with.

    So how has the DUP and other parties in Northern Ireland reacted to today's plans?

    • DUP party leader Sir Jeffrey Donaldson said it was a "significant move towards addressing the problems"
    • Sinn Féin MP for North Belfast, John Finucane, said the UK government's plans would break international law, undermine the Good Friday Agreement and could lead to further instability
    • Colum Eastwood, leader of the nationalist party the SDLP, says the proposals on the protocol go against the majority of citizens in Northern Ireland who support the post-Brexit trading arrangement
    • MP Stephen Farry, of the Alliance Party, which defines itself as separate from the traditional unionist and nationalist blocs in Northern Ireland's politics, said the proposals were "unwanted and unwarranted"
    • Ulster Unionist Party leader, Doug Beattie, said the move was a "step towards fixing the protocol in a pragmatic way"

    Colum Eastwood and Claire HannaImage source, EPA
    Image caption,

    SDLP leader Colum Eastwood and his colleagues Claire Hanna and Mathew O'Toole met the PM on Monday

  12. How do businesses do trade just now?published at 15:57 British Summer Time 17 May 2022

    MapImage source, .
  13. Analysis

    Changing the protocol could take monthspublished at 15:56 British Summer Time 17 May 2022

    Adam Fleming
    Chief political correspondent

    The foreign secretary hasn't published legislation to override the Northern Ireland Protocol today. She has just set out the government's intention to bring it forward if negotiations with the EU don't get anywhere.

    If/when the draft law finally appears it will have to go through all the same stages as a normal piece of legislation, which could take months.

    Time will have to be found in the parliamentary calendar. And it will face stiff opposition in the House of Lords. It could be amended as it goes through the House of Commons.

    So there's plenty of space for more talks with the EU. And the DUP could continue to oppose the protocol and refuse to join the power-sharing government for at least another six months, because that's how long the political parties have until fresh elections would be required.

    And under the Brexit deal, the Northern Ireland Assembly has to decide whether to continue or axe the Protocol in 2024 so the debate will carry on then, too.

    None of this will happen quickly.

  14. What will the EU do now?published at 15:32 British Summer Time 17 May 2022

    Katya Adler
    Europe Editor

    EU flags outside the European Commission buildingImage source, Getty Images

    The EU’s reaction to UK Foreign Secretary Liz Truss’s announcement is far from unexpected. If the UK takes unilateral action, it will respond, it says, with "all the measures at its disposal".

    The first course of action would not be the much talked-about trade war with the UK.

    That would hit EU economies hard too.

    Instead, Brussels will wait and see what the protocol-changing legislation promised by Truss actually looks like - for now that’s not yet clear - and if the government really puts that legislation into practice.

    If so, legal action will likely be the EU’s first move. That’s a long, drawn-out process. To up the pressure on the UK, EU diplomats have also discussed the possibility of targeted tariffs on industries most affecting Conservative party MPs and their constituencies. If forced to take tough action, Brussels says it won’t hesitate.

    The EU insists the practical problems arising from the protocol (for example, the number of checks on goods travelling from Great Britain into Northern Ireland) can be changed if the EU and UK sit down together.

    The UK government hasn't yet explored full EU flexibilities, it says.

  15. What did we learn from the foreign secretary's statement?published at 15:19 British Summer Time 17 May 2022

    Liz TrussImage source, EPA

    Earlier, UK Foreign Secretary Liz Truss delivered a statement to the Commons on the government's plans to change the post-Brexit trade deal for Northern Ireland.

    Here's a brief recap of what we learned:

    • Truss told MPs the government would introduce a new law in the coming weeks to change the Northern Ireland Protocol, which it agreed with the EU in 2019
    • Her statement came amid continuing delays in re-establishing the devolved government in Northern Ireland, with the unionist Democratic Unionist Party refusing to take part
    • She said the UK's "preference remains a negotiated solution with the EU", but the law would give the government the power to act alone
    • Truss said the bill would see a "green channel" created for goods staying within the UK to make sure firms are "freed of unnecessary bureaucracy", while goods heading for the EU would still undergo full checks
    • She said the government would consult businesses and people in Northern Ireland, adding: "This is not about scrapping the protocol - our aim is to deliver on the protocol’s objectives"
    • In response, the EU said it will respond with all the measures it has at its disposal if the UK takes unilateral action

  16. Changing protocol would damage trust, Ireland's foreign minister sayspublished at 14:59 British Summer Time 17 May 2022

    Simon CoveneyImage source, PA Media

    Ireland's foreign minister has warned the UK that making unilateral changes to the Northern Ireland protocol it agreed with the EU would be "damaging to trust".

    In a statement following UK Foreign Secretary Liz Truss' speech, Simon Coveney says he "deeply regrets" the decision to introduce the law, saying it will "serve only to make it more challenging to find solutions to the genuine concerns that people in Northern Ireland have about how the protocol is being implemented".

    He says it also of "great concern" that the move comes just after the election in Northern Ireland where people "have chosen their elected representatives and want to get the executive back up and running".

    Coveney adds: "[The EU] have been consistent in their readiness to work with the UK to reach agreement on pragmatic and flexible solutions.

    "Jointly agreed solutions are the only sustainable way forward to bring certainty and prosperity for all in Northern Ireland."

  17. Analysis

    What could a UK-EU trade war look like?published at 14:43 British Summer Time 17 May 2022

    Dharshini David
    Economics Correspondent

    Lorries queuing at Dover PortImage source, Getty Images

    It's households and businesses who may pay the price for plans to override the protocol – if it triggers a trade war.

    The Trade and Co-operation Agreement (or part of it) could be scrapped by the EU unilaterally – but that requires notice of up to a year, and a lengthy arbitration process.

    But that would ultimately allow the EU to impose tariffs on British goods.

    It may target politically sensitive products for tariffs – salmon from Scotland for example, or items originating in some so-called “Red Wall” seats .

    However, tariffs imposed on British goods equals higher bills for European customers.

    The UK might theoretically react to any retaliation by imposing tariffs of its own.

    Those would make it even harder for European producers to compete in the UK - and the higher prices for their goods would squeeze British household budgets further .

    If they contemplate such action, policymakers know it may have a high economic and political price tag.

  18. Let's fix it not nix it, says PM on the protocolpublished at 14:34 British Summer Time 17 May 2022

    Boris JohnsonImage source, Reuters
    Image caption,

    Boris Johnson with London Mayor Sadiq Khan on one of London's new Elizabeth line trains

    Speaking on a visit to Paddington Station in West London, the prime minister defends the government’s plans to change the Northern Ireland Protocol if it can’t reach an agreement with the European Union.

    Asked how the UK could change a treaty that it had signed up to, Johnson says: “The higher duty for the UK government in international law is to the Good Friday Agreement and the peace process and that’s the thing we have to look to.”

    He said the changes amount to “getting rid of some relatively minor barriers to trade - and I think there are good common sensical solutions".

    “Let’s fix it – we don’t want to nix it, we want to fix it and we’re going to work with European partners to do it.”

    He dismissed idea of a trade war with the EU saying he didn't think it was likely.

  19. Truss move a step towards ending toxic situation, says UUP leaderpublished at 14:28 British Summer Time 17 May 2022

    The leader of the Ulster Unionist Party (UUP) in Northern Ireland says the statement from the UK foreign secretary is a "step towards fixing the protocol in a pragmatic way".

    Doug Beattie says his party has been clear since 2019 that there should be no checks on goods travelling from Great Britain to Northern Ireland, if those goods are remaining in Northern Ireland.

    “What is clear to me is that the EU needs to change its mandate," Beattie says.

    "I believe that Maroš Šefčovič understands and accepts the landing zone, but I sense the hurdles are other member states.

    "I appealed to him directly in Brussels in March to move on trade before the election as what would come afterwards would be toxic."

    Graphic showing breakdown of NI parties that support the protocol and don'tImage source, .
  20. Analysis

    So is the government's plan legal?published at 14:13 British Summer Time 17 May 2022

    Helen Catt
    Political correspondent

    The government says it believes it is but it isn't yet spelling out how or why.

    There is a long-standing policy of not discussing internal government legal advice - but the legality is a major point of concern.

    Foreign Secretary Liz Truss has promised to set out the legal position "in due course".

    Expect lots more pressure from MPs to make sure that happens.