TRIGGERING article 16 of the Northern Ireland protocol, as the UK Government has previously threatened, is “one of the most irresponsible things that can be done”, Nicola Sturgeon has said.
The First Minister warned the Tories, who have openly flirted with the idea of triggering the protocol, that the consequences of such a decision would “be felt, in particular, by businesses and individuals the length and breadth of the UK”.
She said it “is not an abstract political debate”, adding: “This is about people’s livelihoods, about standards of living, the ability to trade and keep food on our supermarket shelves. This is real. It’s not politics and I think it’s important to say that.”
Sturgeon said any temptation to “stoke tensions” in the hope it might “play well with domestic audiences” must be resisted.
READ MORE: EXPLAINED: What is the Northern Ireland Protocol and Article 16?
Despite repeated promises that it would do no such thing, Boris Johnson’s Brexit deal effectively put the EU border down the Irish Sea, detaching Northern Ireland from the rest of the UK.
The deal has sparked tensions in Northern Ireland, where Unionists have demanded article 16 be triggered and the Brexit deal renegotiated in order to maintain their place in the UK.
The tensions caused David Frost, the unelected former chief Brexit negotiator who has now been elevated to the House of Lords and the Cabinet, to say that “using the Article 16 safeguard mechanism” may be the only way to defend against the damage caused by his Brexit deal.
However, in a de-escalation of rhetoric in recent days, the UK Government appears to have climbed down.
Speaking on Friday, Michael Gove (below) said the Tories were hopeful progress could be made without triggering article 16.
He said: “There is a determination on the part of the British government, the European Commission, the Irish government and others to make progress.
“There’s a shared recognition that we do need to alter the operation of the protocol on the ground.
“I hope that we won’t need to trigger Article 16, for reasons that will be well understood, but we reserve the right to do so if we believe that changes which are required on the ground in Northern Ireland have not been made.”
“I do believe that there is a constructive approach that’s being taken by the commission and Lord Frost has signalled that while, of course, it’s always possible that Article 16 may require to be invoked, we’re confident that we’ll be able to make progress without it,” he added.
Welcoming Gove’s comments, Sturgeon said: “For my part, I think that there are credible and serious proposals on the table, and if there is a political will and a desire to find agreement that should be possible.
“Triggering article 16 – and this is where I particularly welcome Michael Gove’s language, saying that he hopes that will not be necessary – I think that would be one of the most irresponsible things that can be done right now in the face of Covid and the other Brexit implications that are being felt across all parts of the UK.
“So, I hope we can see these immediate tensions resolved and then opening the way to what should always be the case – a very close and constructive and friendly relationship between the UK and the European Union.”
Irish premier Micheal Martin said he believes there is “a genuine desire” on all sides to resolve the protocol dispute without the use of article 16.
READ MORE: Ireland reveals high-level talks with US over Tories' Article 16 threats
He told the British-Irish Council summit in Cardiff: “I believe that in the discussions I’ve had now over the last while, that there is a genuine desire on all sides to get this resolved through negotiation, and through the avoidance of triggering any particular mechanisms within the Withdrawal Agreement.
“It’s clear in the discussions this morning from all participants, an acknowledgement of the challenges of Covid to supply chains, the challenges of Brexit and what that means.
“The last thing we need is further disruption and, rather, the focus should be on resolving this.”
But Brexit Minister Frost has played down the prospects of a breakthrough in talks with the EU.
Arriving for talks in Brussels with EU Commission vice-president Maros Sefcovic (above), Frost said there were still “significant gaps” between the two sides.
He reiterated that the UK could trigger Article 16, suspending part of the arrangements in his Brexit deal, if there was no agreement.
“Our preference is to see if we can find a negotiated way through this problem. If we can’t, article 16 remains on the table,” he told reporters.
“There are a number of issues that need to be fixed if we are going to resolve this problem. There are still really quite significant gaps between us.
READ MORE: Tories' pointless threats will do nothing to change the Brexit deal they agreed
“I wouldn’t expect any breakthroughs today but there are some issues that we are making better progress on than others.”
He added: “Article 16 is a legitimate provision in the protocol, it is part of the protocol, it is there to provide safeguards in the event of difficulties which are spelt out in the protocol.”
Earlier, Sefcovic said new measures on the protocol will create an “express line” on trade between Northern Ireland and Great Britain, resulting in a “win-win situation” for all.
He said the bloc will offer to permanently slash customs paperwork by 50%, along with the removal of up to 80% of checks.
Sefcovic was speaking at the Brexit Institute at Dublin City University on Friday, immediately before crunch talks with Frost.
He called on the UK to “reciprocate” but welcomed the recent “change in tone” in talks.
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