Brexit Minister David Frost has suggested that Britain and the EU could resolve their dispute over the role of the European Court of Justice (ECJ) if Westminster is allowed to duplicate EU laws that apply in Northern Ireland.
He said Britain’s problem with managing the Northern Ireland Protocol went beyond the role of the European Court of Justice, and that any decision would have to address the entire system under it.
“How do you deal with the overall system that allows these privileged trading relations of Northern Ireland to enter the single market and yet makes it reconcilable with democracy and normal dispute settlement arrangements. This is not a minor problem, but one that we would like to have a proper conversation about with the EU.”
In the Trade and Cooperation Agreement (TCA), the EU agreed to allow Britain to duplicate EU state aid rules so that it would no longer be subject to the jurisdiction of the European Court of Justice. Lord Frost suggested that a protocol-like approach could help address Britain’s concerns.
The problem is that too much EU laws apply directly in Northern Ireland. This is the crux of the problem. We don’t see that much of it should apply. Thus the explanatory role of [ECJ]It is also limited.
US law
Obviously, one way to deal with this problem is through repetition. It’s not the only way to deal with it. But the problem we have – and this is why we continue to focus on long-term stability – is that if you maintain a system where a lot of EU law is applied without consent, you end up creating a divergence between Northern Ireland and Great Britain. Legislation in a different way.
Thus it is not a stable system. So you have to have a way other than the simple application of EU law in Northern Ireland because that’s what’s causing the problem.»
Earlier on Tuesday, MPs from the Labour, Scottish National Party, Blade Cymru, Alliance, SDLP and Sinn Féin called on Northern Secretary Brandon Lewis to bring up Irish language legislation.
Mr Lewis said earlier this year that if Stormont failed to pass a culture package, including Irish language provisions, by the end of September, he would introduce legislation in Westminster by the end of October.
Louise Hay, the Labor Party’s Northern Ireland shadow secretary, was among the members of Parliament who joined the call to action on language organized by Conrad na Gilge. She said she was disappointed that the Northern Ireland Assembly had failed to pass legislation consistent with the New Decade New Approach agreement that reinstated the Stormont institutions last year.
“In the absence of any action by the Northern Ireland Assembly, Labor will support passage of the legislation if it comes to Parliament in the autumn. The commitments made must be respected, and the rich diversity of identities and languages respected. It is time for action,” she said.
Procedure
Mr Lewis later told the House of Commons that it was still technically possible for the Northern Ireland Executive to initiate a procedure allowing legislation before the end of his mandate.
«If it becomes clear that the executive is unable to do this or is not moving forward, we will introduce legislation for that cultural package,» he said.
Mr. Lewis was speaking during a discussion on legislation to extend the period during which elections must be held in the event of a breakdown in the executive branch. It will also allow Stormont ministers to remain in office for up to 48 weeks if the prime minister or deputy prime minister resigns.