Brexit and the Irish border#2019 renegotiation: New protocol

{{main|Irish War of Independence|Partition of Ireland}}

In 1922, the 26-county Irish Free State{{efn|Subsequently renamed as Ireland ({{langx|ga|Éire}}) in 1937, also known since 1948 as the Republic of Ireland.}} formally seceded from the United Kingdom as a self-governing dominion under the terms of the Anglo-Irish Treaty, setting the stage for full national independence, while the six-county Northern Ireland remained part of the United Kingdom. Consequently, the dividing line between these two parts of the island became an international border. Trade in goods and services across this frontier became subject to differing tax and tariff arrangements and an infrastructure of customs posts was put in place at designated crossing points. All traffic was subject to inspection by the jurisdiction it was entering. This could entail full vehicle searches with consequent delay and inconvenience. However, passport checks were not applied because the Republic of Ireland and Northern Ireland were part of the Common Travel Area.

A number of bilateral and multilateral free trade agreements made goods checks less intrusive; the completion of the European Single Market in 1992 meant that checks on goods were phased out. However, during the Troubles{{Efn|From the 1960s - 1998}} in Northern Ireland, there were British military checkpoints on main border crossings and UK security forces made some, although not all, of the remaining crossings impassable. In 2005, in a phased implementation of the 1998 Good Friday Agreement, the last of the border checkpoints was removed.{{cite news|author=Georgina Lee |url=https://www.channel4.com/news/factcheck/factcheck-what-are-the-options-for-the-irish-border-after-brexit |title=FactCheck: What are the options for the Irish border after Brexit?|publisher=Channel4 News |date=29 November 2017 |access-date=24 September 2018}}

{{Quote box|The British and Irish Governments:

(...)

(...)

Wishing to develop still further the unique relationship between their peoples and the close co-operation between their countries as friendly

neighbours and as partners in the European Union;

(...)

Reaffirming their commitment to the principles of partnership, equality and mutual respect and to the protection of civil, political, social,

economic and cultural rights in their respective jurisdictions;

Have agreed as follows:

| source = British-Irish Agreement (appended to the Good Friday Agreement)[https://www.dfa.ie/media/dfa/alldfawebsitemedia/ourrolesandpolicies/northernireland/good-friday-agreement-1.pdf The Good Friday Agreement]{{snd}} Department of Foreign Affairs, Government of Ireland

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Since about 2005, the border has been perceived as being invisible, with little or no physical infrastructure, as the security barriers and checkpoints were removed due to processes put in place by the Good Friday Agreement (or Belfast Agreement) signed in 1998.{{efn|See section "Security" of the Agreement}}{{cite news|url=https://www.independent.co.uk/news/long_reads/brexit-northern-ireland-backstop-hard-border-good-friday-agreement-a8809821.html|title=How Brexit could end 20 years of peace on the Irish border|date=6 March 2019|work=The Independent}} This agreement has the status of both an international treaty between the United Kingdom and the Republic of Ireland (the British-Irish Agreement), as well as an agreement of the parties within Northern Ireland (Multi-Party Agreement).

Following Brexit, the border between Northern Ireland and the Republic of Ireland becomes an external EU border.{{cite web|url=http://www.historyandpolicy.org/policy-papers/papers/brexit-and-the-history-of-policing-the-irish-border|title=Brexit and the history of policing the Irish border|last=Smith|first=Evan|date=20 July 2016|work=History & Policy|publisher=King's College London and the University of Cambridge|access-date=21 July 2016}} In theory, a "hard" border could return, with both fewer and supervised crossing posts, to support the necessary customs infrastructure.{{cite web|url=https://edition.cnn.com/2018/04/06/opinions/20-years-good-friday-agreement-northern-ireland-nic-r-intl/index.html|last=Robertson|first=Nic|title=Brexit: the unexpected threat to peace in Northern Ireland|website=CNN|date=6 April 2018|access-date=20 December 2018}} Both EU and UK negotiating teams made clear that this outcome would not be acceptable in any final exit agreement.{{cite web|url=https://fullfact.org/europe/avoiding-hard-border-ireland/ |title=Why is avoiding a hard border in Ireland a priority? | publisher=Full Fact |date=17 December 2018 | access-date=8 March 2019}}{{cite news|url=https://www.apnews.com/6ef858cb426242d7912bc6bd3aa21c25 | title=EU's Barnier says Irish border issue could lead to failure | work= Associated Press | first=Samuel | last = Petrequin | date= 19 October 2018 | access-date=8 March 2019}}

US Senator George Mitchell, who chaired the negotiations for the Belfast Agreement, has commented that he believes the creation of a border control system between the Republic of Ireland and Northern Ireland might jeopardise the agreement.{{cite news|url=https://www.belfasttelegraph.co.uk/news/northern-ireland/george-mitchell-uk-and-ireland-need-to-realise-whats-at-stake-in-brexit-talks-36785893.html|title=George Mitchell: UK and Ireland need to realise what's at stake in Brexit talks|work=Belfast Telegraph|date=8 April 2018|access-date=20 December 2018}} Research published on 18 February 2019 by Irish Senator Mark Daly and two UNESCO chairmen indicated that reinstating a hard border would result in the return of violence.{{cite news|url=https://www.bbc.co.uk/news/uk-northern-ireland-47272124 |title=Brexit: Violence if hard Irish border returns report claims - BBC News |work=BBC News |date=18 February 2019 |access-date=2019-02-18}}{{cite news|author=Lisa O'Carroll |url=https://www.theguardian.com/uk-news/2019/feb/18/hard-border-in-ireland-would-trigger-return-to-violence-says-report |title=Hard border in Ireland would trigger return to violence, says report | UK news |work=The Guardian|date=18 February 2019 |access-date=2019-02-18}}{{cite web|url = https://www.independent.ie/business/brexit/a-hard-border-makes-return-of-violence-to-northern-ireland-inevitable-stark-new-report-warns-37825461.html| publisher = Independent News & Media | title = A hard Border makes return of violence to Northern Ireland 'inevitable' - stark new report warns | date = 18 February 2019 }}{{cite web|url = https://www.belfasttelegraph.co.uk/news/northern-ireland/brexit-hard-border-would-bring-new-wave-of-violence-says-report-37824527.html | work = Belfast Telegraph| title = Brexit: Hard border would bring new wave of violence, says report | date = 18 February 2019 }}

In the June 2016 United Kingdom European Union membership referendum, Northern Ireland voted 55.8% to 44.2% in favour of remaining in the European Union. Support for remaining or leaving was largely divided along sectarian lines, with a majority in Catholic areas favouring Remain and a majority in Protestant areas favouring Leave.{{cite web |url=http://geoconfluences.ens-lyon.fr/programmes/dnl/dnl-hg-anglais/irish-border |title=Brexit and the challenges of the Irish border |author=Fabien Jeannier |date=2019-02-14 |publisher=ENS de Lyon Géoconfluences}} In a November 2018 opinion poll commissioned by BBC Northern Ireland and RTÉ (Republic of Ireland), 61% of those polled believed that Brexit should not go ahead if the price is a hard border (versus 36% that it should, 3% don't know).[https://www.belfasttelegraph.co.uk/news/brexit/northern-ireland-rejects-hard-border-and-62-say-united-ireland-more-likely-after-brexit-37521930.html Northern Ireland rejects hard border - and 62% say united Ireland more likely after Brexit]{{snd}}Victoria Leonard, Belfast Telegraph, 13 November 2018

{{multiple image

| header = External EU frontiers under different trade and customs regimes. All are "hard borders" in this context.

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| image1 = 进入挪威边境检查区RIKSGRENS NORGE - panoramio.jpg

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| caption1 = Norway–Sweden border (European Economic Area, selective border control and random customs checks. Both in Schengen Area and Single Market.)

| image2 = Zollamt Thayngen (CH) - Bietingen (D).JPG

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| caption2 = Germany–Switzerland border (EU{{ndash}}CH treaties, no border control, but random customs and immigration checks. Both in Schengen Area and Single Market.)

| image3 = KapıkuleBorderCrossingTurkey (cropped).JPG

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| caption3 = Bulgaria–Turkey border (EU-TR Customs Union (partial), full border and customs control, visa required for Turkish nationals)

| image4 = Polnisch-ukrainische Grenze 2 (A4).JPG

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| caption4 = Poland–Ukraine border (Deep and Comprehensive Free Trade Area, full border and customs control, visas may be required).

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In the context of Brexit, a "hard border" means one where there is a limited number of authorised (and physically controlled) crossing points, staffed by customs officers and police, supported in times of tension by military forces.{{cite web|url = https://www.irishtimes.com/news/politics/brexit-explained-why-does-the-border-matter-and-what-is-the-backstop-1.3661518 | work = Irish Times| title = Brexit explained: Why does the Border matter and what is the backstop? | date = 12 October 2018 | access-date = 28 September 2019 | quote = a hard border [..] is a frontier monitored and protected by customs officials and border inspectors, and potentially police or military personnel if there are security issues around the border}} Drivers of vehicles crossing are required to declare goods in carriage, commercial carriers must produce bills of lading and evidence that the goods comply with the minimum standards of the territory being entered. Tariffs (in the form of customs duty) may be payable.{{cite web|url = https://www.independent.ie/business/brexit/hard-border-severe-disruption-to-northern-irelands-economy-and-jobs-losses-likely-in-nodeal-brexit-leaked-uk-government-report-38413170.html | publisher = Independent News & Media | title = Hard border, severe disruption to Northern Ireland's economy and jobs losses likely in no-deal Brexit: leaked UK government report | date = 18 August 2019 | access-date = 28 September 2019 | quote = a leaked official UK government document has warned [..] that EU tariffs on goods entering Ireland "will severely disrupt trade," forcing some businesses to close or relocate }} This was the position that pertained on the border from 1923 until the Single European Act in 1993.{{cite web|url = https://www.irishtimes.com/news/ireland/irish-news/the-history-of-the-irish-border-from-plantation-to-brexit-1.3769423 | work = Irish Times| title = The history of the Irish Border: From Plantation to Brexit | date = 24 January 2019 | access-date = 28 September 2019 | quote = April 1923: The Irish Free State introduces customs controls which remain until 1993 and the creation of the Single Market }} (In this context, a "hard border" does not mean a fortified border but, during the Troubles, British security forces blocked many unapproved crossings for security reasons. Under the terms of the Common Travel Area agreement, British and Irish citizens are free to cross the border without any passport controls).

The UK government has said that Brexit will not mean a return of the hard border.{{cite news |title=Brexit will not mean hard border, leaders vow |url-access=registration |date=31 January 2017 |url=https://www.thetimes.com/world/ireland-world/article/brexit-will-not-mean-hard-border-leaders-vow-83c7lzs80 |work=The Times, Ireland edition |last=Lyons |first=Niamh |access-date=29 April 2017}}

According to statements in 2016 by the then UK Prime Minister Theresa May and Irish Taoiseach Enda Kenny, it is intended to maintain this arrangement after the United Kingdom leaves the EU.{{cite news |url=http://www.irishtimes.com/news/world/uk/brexit-may-not-impact-common-travel-area-expert-claims-1.2711557 |last=Keena |first=Colm |title=Britain does not want return to Northern Ireland border controls, says May |newspaper=The Irish Times |date=26 July 2016 |access-date=12 October 2016}}

In September 2016, the (then) UK Brexit Secretary, David Davis, stated that the UK government would not seek a return to a hard border between the UK and the Republic of Ireland.{{cite news |url=https://www.theguardian.com/uk-news/2016/sep/01/brexit-secretary-no-return-to-hard-border-in-ireland |last=McDonald| first=Henry |author-link=Henry McDonald (writer) |title=Brexit secretary: no return to 'hard' border in Ireland |newspaper=The Guardian |date=1 September 2016|access-date=28 September 2016}}

In October 2016, The Guardian reported that British proposals to avoid a hard border, by 'seeking to shift the frontline of [British] immigration controls to Ireland's ports and airports',{{cite news |url=https://www.theguardian.com/politics/2016/oct/09/britain-to-push-post-brexit-uk-immigration-controls-back-to-irish-border |title=Britain to push post-Brexit UK immigration controls back to Irish border |newspaper=The Guardian |first=Henry |last=McDonald |author-link=Henry McDonald (writer) |date=9 October 2016 |access-date= 28 September 2019}} had received "signals [of] support" by some members of Enda Kenny's government.{{cite news |url=https://www.theguardian.com/politics/2016/oct/10/idea-of-uk-border-controls-in-ireland-is-ridiculous-says-irish-mep-matt-carty |title=Irish Republic signals support for UK plan to avoid post-Brexit "hard border" |last1=McDonald |first1=Henry |author-link1=Henry McDonald (writer) |last2=O'Carroll |first2=Lisa |newspaper=The Guardian |date=10 October 2016|access-date=20 December 2018}} However, by 2017, a spokesperson for the new Irish government, under Leo Varadkar, stated that these reports had been "misinformed", and that there was "no question of UK officials acting as border agents in Ireland".{{cite web |url=https://www.rte.ie/news/brexit/2017/0323/862001-brexit-border/ |title=UK officials at Irish ports ruled out |website=RTÉ News |date=23 March 2017|access-date=29 April 2017}}{{Cite news |url=http://www.irishtimes.com/news/politics/oireachtas/brexit-ireland-has-no-agreement-with-uk-on-use-of-irish-ports-1.2844005 |last=O'Regan |first=Michael |title=Brexit: Ireland has no agreement with UK on use of Irish ports |newspaper=The Irish Times |date=26 October 2016|access-date=20 December 2018}}

In its white paper on Brexit, the United Kingdom government reiterated its commitment to the Good Friday Agreement. With regard to Northern Ireland's status, it said that the UK government's "clearly-stated preference is to retain Northern Ireland's current constitutional position: as part of the UK, but with strong links to Ireland".{{cite web |url=https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/589191/The_United_Kingdoms_exit_from_and_partnership_with_the_EU_Web.pdf |title=The United Kingdom's exit from and new partnership with the European Union |publisher=HM Government |date=February 2017}}

The Irish Government's position has been to reduce public mention of border checks to avoid confrontation with opposition parties in the Dáil and to calm nationalist and unionist concerns in Northern Ireland. Repeated statements have been made by senior politicians in government denying plans are being made for a hard border.{{cite web|url=https://www.irishexaminer.com/breakingnews/ireland/government-says-no-plans-in-case-of-post-brexit-hard-border-891485.html|title=Government says no plans in case of post-Brexit hard border|date=12 December 2018|website=Irishexaminer.com|access-date=23 February 2019|archive-date=5 September 2019|archive-url=https://web.archive.org/web/20190905172327/https://www.irishexaminer.com/breakingnews/ireland/government-says-no-plans-in-case-of-post-brexit-hard-border-891485.html|url-status=dead}} Concerns have been raised by opposition parties that the government is not being forthright about the risk of, and planning for, a hard border.{{cite news|url=https://www.irishtimes.com/news/politics/oireachtas/varadkar-confirms-plans-for-hard-brexit-now-being-implemented-1.3760008|title=Varadkar confirms plans for hard Brexit now being implemented|first=Marie|last=O'Halloran|newspaper=The Irish Times}} A private admonishment by Tánaiste Simon Coveney of Minister for Transport Shane Ross in the wake of a press conference was caught on the live microphones. In reference to border checks, Coveney stated, "We can’t get into where they’ll be at this stage. They could be in the sea. They could be...but once you start talking about checks anywhere near the border people will start delving into that and all of a sudden we’ll be the Government that re-introduced a physical border on the island of Ireland".{{cite web|url=https://www.independent.ie/business/brexit/border-checks-on-trade-to-follow-nodeal-brexit-coveney-and-ross-in-private-conversation-caught-on-tape-37716771.html|title=Border checks on trade to follow no-deal Brexit - Coveney and Ross in private conversation caught on tape|website=Independent.ie}}

In a February 2019 Sky Data poll, 79% of respondents supported the Irish government holding out for a legal guarantee that there will be no hard border, even if it risks a no-deal Brexit on 29 March. In the same poll, 81% supported cutting economic ties with the UK if forced to choose, with 19% supporting cutting ties with the EU in favour of the UK to maintain the open border.{{cite web|url=https://news.sky.com/story/sky-data-poll-irish-overwhelmingly-back-governments-pressure-on-backstop-11629673|title=Sky Data poll: Irish overwhelmingly back government's pressure on backstop|website=Sky News}}

File:No Border No Barrier.jpg demonstrations against a hard border. Post-Brexit border controls are a controversial issue]]

There have been worries among unionists that the Irish government's position is a covert attempt to gain more power over the region in order to promote a united Ireland,[https://www.theguardian.com/world/2018/apr/06/david-trimble-ireland-risks-provoking-paramilitaries-over-post-brexit-border David Trimble: Ireland risks provoking (loyalist) paramilitaries over post-Brexit border.] Henry McDonald, The Guardian, 6 April 2018 a position the Irish government has denied.David Smith [https://www.theguardian.com/world/2018/mar/14/brexit-threatens-good-friday-agreement-irish-pm-warns Brexit threatens Good Friday agreement, Irish PM warns] The Guardian, 14 March 2018 The Democratic Unionist Party (DUP) opposes a hard Irish border{{cite news|last1=Hughes|first1=Laura|title=Who are the DUP and will they demand a soft Brexit to prop up the Tories?|url=https://www.telegraph.co.uk/news/2017/06/09/suddenly-become-important-democratic-unionist-party-could-hold/|access-date=9 June 2017|work=The Telegraph|date=9 June 2017}} and wishes to maintain the Common Travel Area.{{cite news|last1=Syal|first1=Rajeev|title=From climate denial to abortion: six DUP stances you should know about|url=https://www.theguardian.com/politics/2017/jun/09/from-climate-denial-to-abortion-heres-six-dup-policies-you-should-know-about|access-date=9 June 2017|work=The Guardian|date=9 June 2017}} The DUP was the only major party of Northern Ireland to oppose the Good Friday Agreement.{{Cite web |url=https://www.bbc.co.uk/history/events/good_friday_agreement |publisher=BBC |title=The Good Friday Agreement |access-date=24 February 2019 |archive-url=https://web.archive.org/web/20160401140615/http://www.bbc.co.uk/history/events/good_friday_agreement |archive-date=1 April 2016 |url-status=dead }}

A referendum on the reunification of Ireland was suggested by the Sinn Féin leader Martin McGuinness immediately after the Brexit referendum results were announced,{{cite news |last=Fenton |date=24 June 2016 |url=https://www.independent.co.uk/news/uk/politics/brexit-northern-ireland-eu-referendum-result-latest-live-border-poll-united-martin-mcguinness-a7099276.html |title=Northern Ireland's Deputy First Minister calls for poll on united Ireland after Brexit |work=The Independent |first=Siobhan |access-date=14 December 2016}} a stance reiterated by the new party leader Mary Lou McDonald in 2018.[http://www.france24.com/en/20180226-northern-ireland-sinn-fein-mary-lou-mcdonald-reunification-referendum-brexit Irish reunification ‘on the table’, says Sinn Fein's new leader amid Brexit talks] France 24, 26 February 2018; Retrieved 29 March 2018

A week after the Brexit referendum the then First Minister of Northern Ireland, the DUP's Arlene Foster and Deputy First Minister Martin McGuinness issued a joint letter in which they said that the border must not become a catalyst for illegal activity or create an incentive for those who wish to undermine the peace process.{{cite news|url=https://www.bbc.co.uk/news/uk-northern-ireland-37039683 |title=Foster and McGuinness in Brexit talks call|work=BBC News|date=10 August 2016|author=Mark Devenport |access-date=24 September 2018}}

In April 2017, the European Council agreed that, in the event of a united Ireland, Northern Ireland could rejoin the EU under Ireland's existing membership.{{cite news |title=EU approval 'brings united Ireland closer' |date=29 April 2017 |access-date=29 April 2017 |work=The Times, Ireland edition |url=https://www.thetimes.com/world/ireland-world/article/leaders-set-to-agree-that-north-could-rejoin-eu-lfrlzdf7d |author=Ellen Coyne}}{{subscription required}}

In January 2019, German foreign minister Heiko Maas urged British MPs not to let the UK leave the EU without a deal, saying that "some people call us stubborn, but the truth is avoiding a hard border in Ireland is a fundamental concern for the EU, a union that more than anything else serves one purpose – to build and maintain peace in Europe".[https://www.theguardian.com/politics/2019/jan/08/mps-must-stop-wishful-thinking-and-back-may-on-brexit-irish-deputy-pm-simon-coveney Germany 'in solidarity' with Ireland over backstop to avoid hard border]{{snd}} Lisa O'Carroll, The Guardian, 8 January 2019 Nevertheless, the European Commission's chief spokesman Margaritis Schinas stated on 23 January that it is "obvious" that there would be a hard border were the United Kingdom to leave the EU without a deal.{{Cite news|url=https://www.bbc.com/news/uk-northern-ireland-46961982|title=No-deal Brexit 'means hard border'|last=Campbell|first=John|website=BBC News|date=23 January 2019|access-date=23 January 2019|language=en-GB}}

In April 2019, former WTO director-general and European trade commissioner Pascal Lamy said that "staying in a customs union after Brexit won't resolve the Irish border issue... Leaving the single market reintroduces a border – the thickness of which depends on the degree of regulatory divergence."{{cite web | last=Lamy | first=Pascal | website=The Guardian | date=2019-04-12 | title=Staying in a customs union after Brexit won't resolve the Irish border issue | url=http://www.theguardian.com/commentisfree/2019/apr/12/brexit-customs-union-labour-irish-border | access-date=2019-04-12}}

{{main|Brexit negotiations}}

{{United Kingdom in the European Union}}

In the withdrawal negotiations, the Irish border issue was one of three{{efn|The others are the outstanding British financial commitments to the EU budget and the rights of EU citizens in the UK (and vice versa).}} areas that required a dedicated negotiation stream so as to achieve the withdrawal agreement that is required before the future relationship between the UK and EU can be agreed.{{cite web |url=https://ec.europa.eu/commission/sites/beta-political/files/eu-uk-art-50-terms-reference_agreed_amends_en.pdf |title=Terms of Reference for the Article 50 TEU negotiations |date=19 June 2017 |publisher=European Commission|access-date=29 August 2017}}{{cite web |url=https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-8017 |title=Brexit: the talks begin |date=12 July 2017 |website=House of Commons Library |access-date=20 August 2017}}{{cite news |title=Let the Brussels games begin |url=https://www.economist.com/britain/2017/06/22/let-the-brussels-games-begin |access-date=22 September 2018 |work=Economist}} The Irish and UK governments, as well as EU representatives, have stated that they do not wish for a hard border in Ireland, taking into account the historical and social "sensitivities" that permeate the island.

Michel Barnier, the EU chief negotiator, indicated that he would look to the United Kingdom and Ireland for "solutions" to threats posed to Ireland's trading links, the Common Travel Area, and the Good Friday Agreement.{{cite news |url=http://www.independent.ie/business/brexit/eu-sees-our-unique-circumstances-but-the-irish-question-must-be-dealt-with-early-in-the-talks-35628265.html|title=EU sees our unique circumstances but the 'Irish question must be dealt with early in the talks' |work=Independent.ie|access-date=15 January 2018|date=17 April 2017|author=Kevin Doyle}} Denying UK media reports that Ireland expects the effective border to become the Irish Sea, Irish Minister for Foreign Affairs Simon Coveney said that "the onus was on British officials to come up with an imaginative solution but [the Irish Government] would not support a proposal which would see a hard border return on Ireland".[http://www.belfasttelegraph.co.uk/news/brexit/onus-on-british-to-resolve-irish-border-issue-for-brexit-irish-foreign-affairs-minister-coveney-35977337.html 'Onus on British to resolve Irish border issue for Brexit: Irish Foreign Affairs Minister Coveney]{{snd}} Belfast Telegraph, 28 July 2017

{{anchor|Backstop proposal}}

{{Main|Irish backstop}}

The Irish backstop was a protocol in the (rejected) 2018 draft of the Withdrawal Agreement, that would have kept the United Kingdom (in general) in the European Union Customs Union and Northern Ireland (in particular) in some aspects of the European Single Market, until a solution is found to prevent a hard border. Its purpose was so as not to compromise the Good Friday Agreement and to maintain the integrity of the European Single Market.{{cite news|url=https://www.irishtimes.com/news/world/uk/brexit-what-is-the-backstop-agreement-and-why-does-it-matter-1.3571135|title=Brexit: What is the 'backstop' agreement and why does it matter?|newspaper=The Irish Times|date=20 July 2018|author=Patrick Logue}} This would have come into operation only if there were no other solutions by the end of the (agreed) transition period, and would remain in place until such solutions were found and agreed to be practical. This proposal would have avoided the need for customs controls between Great Britain and Northern Ireland or between Northern Ireland and the Republic of Ireland (in other words, between the UK and the EU).

The Irish government supported the proposal.{{Cite web|url=https://twitter.com/CER_Grant/status/1155920789717360641|title=On @Channel4News with @HenryNewman & @krishgm I said EU wd not abandon Irish backstop because it stands by its members; and Dublin believes that to do so wd endanger peace process. Also said that nobody can know long-term results of no deal eg on geopolitics, UK unity. @CER_EU|first=Charles|last=Grant|date=29 July 2019}} It had been strongly opposed by the Democratic Unionist Party as weakening Northern Ireland's place within the United Kingdom and is regarded as the main reason why Theresa May's withdrawal agreement was never approved by the British Parliament.{{cite news|url=https://www.thejournal.ie/arlene-foster-backstop-brexit-deal-4359262-Nov2018/|title=Arlene Foster: If backstop isn't removed, Brexit deal won't get DUP support|date=25 November 2018|work=TheJournal.ie}} The UK Parliament had already rejected an earlier proposal.

After further negotiations in autumn of 2019, an alternative model, the Ireland/Northern Ireland Protocol of the final Brexit withdrawal agreement was agreed between the UK and the EU. A brief summary of the later protocol is given below.

In October 2019, the UK and the EU negotiators reached agreement on a revised protocol (see below) which resolved many of these issues by having Northern Ireland leave the EU de jure but with a de facto border between islands (Ireland and Great Britain){{snd}} nicknamed the "Irish Sea border".

In February 2022, the Stormont Executive collapsed when the Democratic Unionist Party walked out in protest against these post-Brexit trade arrangements for Northern Ireland.{{cite web |url=https://www.bbc.com/news/uk-northern-ireland-politics-67957520 | title=Stormont crisis: Decisions to make if Stormont not restored - SoS}}

In February 2024, Stormont resumed, after the DUP and the British Conservative Parties agreed that there would be no "routine" checks on goods between the UK and NI, but that there would still be spot checks, and that when UK government ministers are introducing new legislation, they will be compelled to tell Parliament if their Bill will have "significant adverse implications for Northern Ireland's place in the UK internal market".{{cite web | url=https://www.bbc.com/news/uk-northern-ireland-68157167 | title=DUP deal: What exactly is in the Safeguarding the Union paper? }}

Further, they agreed that changes to EU law will no longer automatically apply in Northern Ireland.{{cn|date=May 2024}} Before the deal, it would have taken at least half of the Assembly members to object before EU law could be scrutinised.{{cite news | url=https://www.irishtimes.com/politics/2024/01/31/dup-deal-to-provide-real-change-for-north-says-donaldson-as-restoration-of-powersharing-looms/ | title=DUP deal to provide 'real change' for North, says Donaldson, as restoration of powersharing looms | newspaper=The Irish Times }}

(In 2023, a post-Brexit negotiation resulted in the Windsor Framework, which the DUP accepted.)

{{main|Common Travel Area}}

In 1922, the United Kingdom and the newly established Irish Free State concluded a Common Travel Area (CTA) agreement. This gave British and Irish citizens the right to travel, live and work in either jurisdiction. Passport controls are not applied to travel between them. The freedom of movement provisions arising from membership of the EU to some degree superseded it, but the parties continued to keep their bilateral Agreement alive, despite its having no treaty status. In 2011, the British and Irish Governments agreed informally to continue their common controls on entry to the CTA for non-EEA nationals.{{cite web|title=Ireland-UK Accord to Further Secure the Common Travel Area|url=http://www.inis.gov.ie/en/INIS/Pages/IRELAND-UK%20ACCORD%20TO%20FURTHER%20SECURE%20THE%20COMMON%20TRAVEL%20AREA|publisher=Irish Naturalisation and Immigration Service|quote=The Joint Statement and the accompanying Memorandum of Understanding on visa data exchange was signed by Minister for Justice, Equality and Defence, Alan Shatter, T.D. and UK Immigration Minister, Damien Green, M.P., in Dublin today|date=20 December 2011}}

In September 2018, the British government guaranteed that free movement of EU citizens across the UK–Ireland border would continue.{{cite news |newspaper=The Irish Times |date=1 September 2017 |url=https://www.irishtimes.com/news/world/europe/major-breakthrough-in-irish-strand-of-brexit-talks-1.3205341 |access-date=2 September 2017 |title=Major breakthrough in Irish strand of Brexit talks}}

In March 2022, the British government overturned a House of Lords amendment to the Nationality and Borders Bill that would have exempted non-Irish citizens of the European Economic Area and Switzerland from the requirement to obtain an Electronic Travel Authorisation before entering Northern Ireland from the Republic.{{cite news |title=Concerns that cross border travel rules could hit tourism hard |work=Belfast Telegraph |first=Steven |last=Alexander |date=22 March 2022 |url=https://www.belfasttelegraph.co.uk/business/food-drink-hospitality/concerns-that-cross-border-travel-rules-could-hit-tourism-hard-41476564.html}}

Former UK Prime Minister John Major has argued that Brexit might lead to a hard border since the European Union and the UK need to control their borders for customs purposes.{{cite news|url=https://www.theguardian.com/uk-news/2018/may/11/john-major-customs-union-brexit-hard-border-northern-ireland|title=Customs union only way to prevent hard border in Ireland, says Major|first=Lisa|last=O'Carroll|date=10 May 2018|work=The Guardian}} The European Research Group faction of the Conservative Party believes that the UK might have the choice between not controlling its border if VAT is not enforced, or controlling the border in order to apply possible VAT on imported goods post-Brexit.{{cite web|url=https://brexitcentral.com/regulatory-divergence-not-require-hard-border-northern-ireland-republic/|title=Regulatory divergence does not require a hard border between Northern Ireland and the Republic|author=Michael Burrage|publisher=Brexit Central|access-date=7 December 2017|date=7 December 2017}}{{cite news|date=12 September 2018|url=https://www.bbc.co.uk/news/uk-politics-45494896|title=Brexit Irish border: ERG report has more sober approach but problems remain|work=BBC News|author=John Campbell|access-date=12 September 2018}}

In late October 2018, the National Audit Office warned that it was already too late to prepare the necessary Irish border security checks in the event of a no-deal Brexit in March 2019 – a weakness that organised crime would be quick to exploit.{{cite news|url=https://www.independent.co.uk/news/uk/politics/brexit-latest-no-deal-theresa-may-border-force-criminals-national-audit-office-talks-a8598206.html|title=It's too late to prepare UK borders for no-deal Brexit National Audit Office tells Theresa May|author=Rob Merrick|work=The Independent|date=24 October 2018}}

In March 2019, the UK government announced that it would not perform customs checks at the Irish border after a no-deal Brexit.{{cite web |url=https://www.gov.uk/government/news/temporary-tariff-regime-for-no-deal-brexit-published|title=Temporary tariff regime for no-deal Brexit published|website=GOV.UK}} The plan was quickly dubbed a "smuggler's charter",{{cite news |url=https://www.bbc.com/news/uk-northern-ireland-47551121|title=No-deal plans a bid 'to break EU unity'|date=13 March 2019 |work=BBC News}}{{cite news |url=https://www.theguardian.com/politics/2019/mar/13/brexit-tariffs-on-87-of-uk-imports-cut-to-zero-in-temporary-no-deal-plan|title=UK will cut most tariffs to zero in event of no-deal Brexit|author-first1=Lisa|author-last1=O'Carroll|author-first2=Daniel|author-last2=Boffey|date=13 March 2019 |work=The Guardian}}{{cite news |url=https://www.euronews.com/2019/03/13/uk-s-zero-tariff-plan-for-no-deal-brexit-would-not-spare-some-eu-imports |title= UK zero-tariff plan for no-deal Brexit would not spare some EU imports|last=Sandford |first=Alisdair |date=13 March 2019 |work=Euronews.com}}{{cite news |url=https://www.politico.eu/article/uk-to-unilaterally-waive-all-checks-at-irish-border-in-no-deal-brexit/|title=UK to unilaterally waive all checks at Irish border in no-deal Brexit|first=Charlie|last=Cooper|date=13 March 2019|work=POLITICO}}{{cite news |url=https://www.independent.ie/business/brexit/brexit-qa-from-smuggling-to-taxes-what-does-it-all-mean-37912130.html|title=Brexit Q&A: From smuggling to taxes - what does it all mean?|work=Independent.ie}}{{cite news|first1=David |last1=Young |first2=Andrew |last2=Woodcock |agency=Press Association |url=https://www.irishnews.com/news/brexit/2019/03/13/news/no-deal-brexit-british-government-confirms-zero-tariffs-on-goods-entering-north-over-border-1571773/ |title=No-deal Brexit: British government confirms zero tariffs on goods entering north over border |work=The Irish News |date=1999-03-14 |access-date=2019-03-14}} and criticised for likely breaching WTO rules.{{cite news |url=https://www.bbc.com/news/uk-northern-ireland-47559880|title=Does NI tariffs plan violate WTO law? |first=Jayne|last=McCormack|date=14 March 2019|work=BBC News}}{{cite news |url=https://www.irishexaminer.com/breakingnews/ireland/proposed-fees-regime-against-wto-rules-910840.html|title=Proposed fees regime 'against WTO rules' |date=14 March 2019 |work=Irishexaminer.com}}{{cite news |url=https://www.independent.ie/opinion/comment/john-downing-eu-puts-britain-in-its-place-with-two-very-blunt-messages-37912067.html|title=John Downing: 'EU puts Britain in its place with two very blunt messages' |work=Independent.ie}}{{cite news |url=https://uk.reuters.com/article/uk-britain-eu-tariffs-idUKKBN1QU1J9 |archive-url=https://web.archive.org/web/20190329183742/https://uk.reuters.com/article/uk-britain-eu-tariffs-idUKKBN1QU1J9 |url-status=dead|archive-date=29 March 2019 |title=EU to apply normal tariffs on trade with UK in case of no-deal Brexit|date=13 March 2019 |work=Reuters}}{{cite news |url=https://www.independent.co.uk/news/uk/politics/brexit-no-deal-tariff-wto-trade-eu-theresa-may-northern-ireland-a8825076.html |title=EU says UK no-deal Brexit tariff plan is 'illegal' |date=15 March 2019 |work=The Independent|access-date=15 March 2019|author-last1=Stone|author-first1=Jon}} Local businesses expressed severe concerns.{{cite news | last=Bowcott | first=Owen | author2=Carroll | title=Post-Brexit tariffs will 'wipe out businesses' near Irish border | work=The Guardian | date=2019-03-19 |url=http://www.theguardian.com/politics/2019/mar/19/post-brexit-tariffs-will-wipe-out-businesses-near-irish-border | access-date=2019-03-19}}

On 17 October 2019, a revised withdrawal agreement that replaced the backstop with a new protocol was agreed by the EU leaders and Boris Johnson.{{cite web|url=https://ec.europa.eu/commission/sites/beta-political/files/revised_withdrawal_agreement_including_protocol_on_ireland_and_nothern_ireland.pdf|title=Revised Withdrawal Agreement|date=17 October 2019|publisher=European Commission|access-date=17 October 2019}}{{Cite news|url=https://www.bbc.com/news/uk-politics-50079385|title=New Brexit deal agreed, says Boris Johnson|date=17 October 2019|work=BBC|access-date=17 October 2019}} In essence, this draft would de facto keep Northern Ireland in the EU Customs Union and Single Market for goods (including adoption of EU VAT) whilst allowing Great Britain to diverge. In December 2019, the UK Labour Party announced that it had obtained a HM Treasury paper using the Freedom of Information Act 2000 that appears to show that the Prime Minister's draft agreement would require some kinds of customs controls in both directions between Great Britain and Northern Ireland.{{cite news|url=https://www.irishtimes.com/news/world/uk/corbyn-says-secret-report-shows-customs-checks-between-northern-ireland-and-britain-1.4106827?mode=amp | title = Corbyn says secret report shows customs checks between Northern Ireland and Britain | newspaper = The Irish Times | date= 6 December 2019 | access-date= 6 December 2019}}

{{broader|Fish for finance}}

The border reaches the sea at two inlets: Lough Foyle in the northwest and Carlingford Lough in the east. In the century since Ireland became independent, it and the UK have never defined where in those channels the border is. Both inlets are fished by boats of both nations.{{cite news|last=Keys|first=David|title=No-deal Brexit could trigger deadly clashes between fishermen, experts warn|url=https://www.independent.co.uk/news/uk/politics/brexit-no-deal-fishing-quotas-eu-boris-johnson-violence-scallop-wars-a9050431.html|newspaper=The Independent|date=9 August 2019|access-date=3 October 2020}} During Britain's EU membership there was no need to resolve the issue, as the Common Fisheries Policy (CFP) gave all EU member states the rights to fish in each other's waters, and neighboring states further had the right to fish within 12 nautical miles of each other's coasts, in certain areas.{{cite web|last=Churchill|first=Robin|title=Possible EU Fishery Rights in UK Waters And Possible UK Fishery Rights in EU Waters Post-Brexit: An Opinion Prepared for the Scottish Fishermen's Federation|url=http://www.sff.co.uk/wp-content/uploads/2017/03/Opinion-for-SFF-2016.pdf|page=3|publisher=Scottish Fishermen's Federation|date=November 2016|access-date=26 August 2020}}

Now that Britain is no longer in the EU, the CFP no longer applies to its waters; the UK has, under the United Nations Convention on the Law of the Sea, sole control over who it allows to fish its waters. Many British fishermen strongly supported Brexit with the goal of leaving the CFP and what they considered to be the favoritism it showed fishermen from other countries, who in many cases depend on the rich fisheries around the British Isles for species much sought after in their markets but disdained by most British consumers. They wanted the British government to fully exercise this power and limit, or bar outright, all EU boats from their waters, until a deal favorable to them is reached.{{cite news|last1=Forse|first1=Andy|last2=Drakeford|first2=Ben|last3=Potts|first3=Jonathan|title=Fish fights: Britain has a long history of trading away access to coastal waters|url=http://theconversation.com/fish-fights-britain-has-a-long-history-of-trading-away-access-to-coastal-waters-112988|newspaper=The Conversation|date=25 March 2019|access-date=3 October 2020}}

File:Magilligan Point - geograph.org.uk - 1553413.jpg On 24 December 2020, the UK and EU announced they had reached a deal.{{cite news|last=Stone|first=Jon|title=Boris Johnson 'sacrificed' Britain's fishing industry to get deal with EU, fishermen say|url=https://www.independent.co.uk/news/uk/politics/brexit-deal-fishing-boris-johnson-b1778776.html|newspaper=The Independent|date=25 December 2020|access-date=25 December 2020}} Its fishing provisions included a reduction in the EU's quotas in British waters to be phased in over the next five years, during three of which EU boats will continue to be allowed to fish in those inshore waters where they have been. Barrie Deas, head of the UK's National Federation of Fishing Organisations (NFFO), said that Johnson was "willing to sacrifice fishing" to get a deal and that the UK was entitled to even greater quotas than it had negotiated under international law. "I think there will be frustration and anger across the industry about that", he said. Fishing interests in the Republic of Ireland expressed concerns. Charlie McConalogue, the country's Minister for Agriculture, Food and the Marine, complained at the end of January, in advance of a March meeting to set quotas for the rest of the year, that the agreement had disproportionately affected the Republic, with the country's quota losses coming to twice that of any other EU member state, estimated by his government at €43 million. Sean O'Donoghue, head of the Killybegs Fishermen's Organisation, the Republic's largest fishing lobby group, believes it is closer to €188 million. He was particularly upset that the UK has been asserting sovereignty over the waters around the uninhabitable islet of Rockall, 200 miles west of the Outer Hebrides, waters rich in mackerel, the republic's most exported species, that largely mate and spawn in the republic's waters.{{cite news|last=Pogatchnik|first=Shawn|title='Mackerel maternity ward': Ireland angry at Brexit fishing waters carve-up|url=https://www.politico.eu/article/ireland-fishing-quotas-anger-brexit/|newspaper=Politico|date=26 January 2021|access-date=27 January 2021}}

Cooperation exists between the UK and Ireland on health matters, including the mutual recognition of qualifications. The Northern Ireland branch of the British Medical Association warned that a hard border "could risk patient care".

[https://www.bbc.com/news/uk-northern-ireland-40125316 Brexit: Hard border 'could risk patient care' says BMA]{{snd}} BBC News, 2 June 2017 The CEO of Cooperation and Working Together, a body that organises cross-border cooperation in health matters, suggested that the Norwegian model might be used. Along the Norway–Sweden border and other Nordic borders there is some cooperation on ambulance and helicopter pickup and on child birth clinics and some more, but otherwise health care is separated.

The EU–UK Trade and Cooperation Agreement ensures reciprocal healthcare arrangements continues.{{Cite web |title=UK and EU Trade and Cooperation Agreement and the government's preparation for end of the transition period on 31 December 2020 |url=https://www.gov.uk/government/publications/letter-to-the-health-and-care-sector-about-the-uk-eu-trade-and-co-operation-agreement/uk-and-eu-trade-and-cooperation-agreement-and-the-governments-preparation-for-end-of-the-transition-period-on-31-december-2020 |access-date=2022-07-23 |website=GOV.UK |language=en}}{{Cite web |title=Healthcare for UK nationals visiting Ireland |url=https://www.gov.uk/guidance/healthcare-for-uk-nationals-visiting-ireland |access-date=2022-07-23 |website=GOV.UK |language=en}}

Article 7 of an EU insurance directive deals with national measures concerning vehicles normally based on the territory of third countries:

{{blockquote|Each Member State shall take all appropriate measures to ensure that vehicles normally based in the territory of a third country which enter the territory in which the Treaty is in force shall not be used in its territory unless any loss or injury caused by those vehicles is covered, in accordance with the requirements of the laws of the various Member States on compulsory insurance against civil liability in respect of the use of vehicles, throughout the territory in which the Treaty is in force.}}Commission Implementing Decision (EU) 2021/1145 of 30 June 2021 waived the need for a physical copy of a green card for British registered vehicles in the EU.{{Citation |title=Commission Implementing Decision (EU) 2021/1145 of 30 June 2021 on the application of Directive 2009/103/EC of the European Parliament and of the Council with regard to checks on insurance against civil liability in respect of the use of motor vehicles normally based in Montenegro and the United Kingdom (Text with EEA relevance) |date=2021-07-13 |url=http://data.europa.eu/eli/dec_impl/2021/1145/oj/eng |issue=32021D1145 |language=en |access-date=2022-07-23}}{{Cite web|url=https://www.gov.uk/vehicle-insurance/driving-abroad|title=Vehicle insurance|website=GOV.UK}}

{{see also|Non-tariff barriers to trade}}

{{Quote box|No technology solution to address these issues has been designed yet or implemented anywhere in the world, let alone in such a unique and highly sensitive context as the Northern Ireland border.

| source = Theresa May, 20 July 2018[https://www.mirror.co.uk/news/politics/theresa-takes-swipe-boris-johnson-12953047.amp Theresa May takes a swipe at Boris Johnson as she says his Irish border solution hasn't been designed yet]{{snd}} Daily Mirror, 20 July 2018

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}}

In the proposed withdrawal agreement, the special arrangement for Northern Ireland would end when a solution can be found that delivers a border as imperceptible as it became from the Good Friday Agreement until Brexit. {{As of|June 2019}}, such a solution remains to be identified. Partial solutions have been proposed but have not been judged adequate.

A leaked memo by Industry Minister Richard Harrington, obtained by Sky News, said "This [technical solution] idea was considered and rejected by both the UK and the EU in summer 2018, as both parties concluded that it would not maintain an open border. That is why we ended up with the current backstop. There is currently no border in the world, outside a customs union, that has eliminated border infrastructure."{{cite news|url=https://www.theguardian.com/politics/2019/jan/30/theresa-may-faces-pressure-to-clarify-backstop-changes|last1=Stewart|first1=Heather|last2=Sabbagh|first2=Dan|title=Theresa May faces pressure to clarify backstop changes|work=The Guardian|date=31 January 2019|access-date=31 January 2019}}

On 8 May 2019, the UK Conservative Party established a panel of experts to advise its Alternative Arrangement Commission on possible technical solutions to the dilemma.{{cite news| url = https://www.bbc.co.uk/news/uk-northern-ireland-48201246 | title = Brexit: Panel to advise on Irish border solutions |first=John | last=Campbell | work = BBC News | date = 8 May 2019 | access-date=9 May 2019}} The panel includes proponents of the two ideas below. The only participant with an Irish connection is Graham Gudgin, a former adviser to Brexit supporter Lord Trimble.

In late September 2019, during the battle in the courts over prorogation of Parliament, Jean-Claude Juncker remarked that in a no-deal Brexit, a British animal entering the Northern Ireland territory could in theory then transit the Republic of Ireland and from thence enter the continental EU, if there were no border controls.{{cite news |title=EU's Juncker: Irish border controls needed in no-deal Brexit |url=https://www.mail.com/int/news/uk/9412318-eus-juncker-irish-border-controls-needed-no-deal-b.html#.2400-stage-set1-16 |agency=Associated Press |publisher=1&1 Mail & Media Inc |date=22 September 2019}} "This will not happen," he said, "we have to preserve the health and the safety of our citizens".

{{expand section|date=July 2021}}

Lars Karlsson, former director of the World Customs Organization and deputy director general of Swedish Customs, proposed how such a 'Smart Border 2.0' might operate.[https://eandt.theiet.org/content/articles/2018/04/ultra-hi-tech-invisible-irish-border-perfectly-doable-ex-customs-chief-says/ Ultra-hi-tech invisible Irish border ‘perfectly doable’, ex-customs chief says]{{snd}}Josh Loeb, Engineering and Technology Magazine, The Institute of Engineering and Technology, 5 April 2018[http://www.europarl.europa.eu/thinktank/en/search.html?authors=189747 Smart Border 2.0 Avoiding a hard border on the island of Ireland for customs control and the free movement of persons: At a glance (with link to full briefing.]{{snd}} European Parliament Brexit Committee paper and presentation, 26-02-2018

{{Main|Northern Ireland Protocol}}

{{See also|Brexit withdrawal agreement#Revisions in 2019}}

File:Thornton Manor.jpeg near Liverpool, where talks between Boris Johnson and Leo Varadkar took place on 10 October 2019.{{Cite news |url= https://www.theguardian.com/politics/2019/oct/10/boris-johnson-and-leo-varadkar-say-they-see-pathway-to-brexit-deal |title=Boris Johnson and Leo Varadkar say they 'see pathway' to Brexit deal |date=10 October 2019 |work=The Guardian |location= London |access-date=10 October 2019}}]]

After becoming Prime Minister on 24 July 2019, Boris Johnson sought to remove the backstop; this was refused by the EU, who wanted a legally operational solution.{{cite web|url=https://www.theguardian.com/politics/2019/aug/20/donald-tusk-rejects-boris-johnsons-bid-to-remove-the-backstop-brexit|title=EU rejects Boris Johnson request to remove backstop |website=The Guardian|date=20 August 2019|access-date= 2 January 2020|last1=Rankin|first1=Jennifer|last2=Elgot|first2=Jessica}} After Johnson's chief negotiator David Frost met EU officials on 28 August, the two sides agreed to meet twice a week.{{cite news| url= https://www.theguardian.com/politics/2019/aug/29/time-to-step-up-tempo-of-brexit-talks-says-bullish-boris-johnson | title = Time to step up tempo of Brexit talks, says bullish Boris Johnson | author= Heather Stewart, Severin Carrell and Jennifer Rankin| newspaper = The Guardian | date = 29 August 2019 | access-date =2 January 2020}}

On 2 October, Johnson presented a potential replacement for the 2018 Irish backstop, proposing that Northern Ireland stay aligned with the EU on product standards but remain in the UK customs territory. This would necessitate product checks between Great Britain and Northern Ireland, but no customs checks for goods expected to stay within the UK. For the border between Northern Ireland and the Republic, his proposal would entail customs checks between Northern Ireland and the Republic (potentially assisted by technology implemented distantly from the border) but no product and safety standard checks within the island of Ireland.{{cite web|url=https://www.bbc.com/news/uk-49909866|date=2 October 2019 |title=Brexit: What is Boris Johnson's plan to avoid a hard Irish border?|website=BBC News}} This was rejected by the EU.{{cite web|url=https://www.theguardian.com/politics/2019/oct/07/revealed-the-eus-point-by-point-rejection-of-johnsons-brexit-plan|title= Revealed: the EU's point-by-point rejection of Johnson's Brexit plan|website=The Guardian|date=7 October 2019|access-date= 2 January 2020|last1=Boffey|first1=Daniel|last2=Rankin|first2=Jennifer}}

On 10 October, Johnson and Taoiseach Leo Varadkar held "very positive and very promising" talks that led to a resumption in negotiations,{{cite web|url=https://www.bbc.co.uk/news/uk-politics-49995133|title=Brexit: Boris Johnson and Leo Varadkar 'can see pathway to a deal'|website=BBC News|date=10 October 2019|access-date=23 December 2019}} and a week later, on 17 October, Johnson and Jean-Claude Juncker announced that they had reached agreement (subject to ratification) on a new Withdrawal Agreement which replaced the backstop with a new protocol on Northern Ireland/Republic of Ireland.{{cite news| url= https://www.theguardian.com/politics/2019/oct/17/how-is-boris-johnson-brexit-deal-different-from-theresa-may | title = How is Boris Johnson's Brexit deal different from Theresa May's? | author = Lisa O'Carroll | newspaper = The Guardian | date= 17 October 2019| access-date= 2 January 2020}}

The key differences with the backstop are:

• A unilateral exit mechanism by which Northern Ireland can leave the protocol: the Northern Ireland Assembly will vote every four years on whether to continue with these arrangements, for which a simple majority is required. If the Assembly is suspended at the time, arrangements will be made so that the MLAs can vote. If the Assembly expresses cross-community support in one of these periodic votes, then the protocol will apply for the next eight years instead of the usual four. If the Assembly votes against continuing with these arrangements, then there will be a two-year period for the UK and EU to agree to new arrangements, with recommendations made by a joint UK-EU committee.{{cite web|url=https://www.bbc.co.uk/news/uk-50083026|title=Brexit: What is in Boris Johnson's new deal with the EU?|website=BBC News|date=21 October 2019|access-date=2 January 2020}}{{cite web|url=https://www.ft.com/content/cdb2dadc-ec40-11e9-a240-3b065ef5fc55|title= How Boris Johnson moved to break the Brexit deadlock|website=Financial Times|date=11 October 2019|access-date=2 January 2020|last1=Parker|first1=George|last2=Brunsden|first2=Jim|url-access=subscription}} Rather than being a fallback position like the backstop was intended as, this new protocol will be the initial position of Northern Ireland for the first four years after the transition period ends in December 2020.
• Northern Ireland remains legally in the UK Customs Territory and part of any future UK trade deals. This results in a de jure customs border on the island of Ireland, between Northern Ireland and the Republic of Ireland.{{cite web|url=https://www.bbc.co.uk/news/uk-politics-50079385|title=Brexit: EU and UK reach deal but DUP refuses support|website=BBC News|date=17 October 2019|access-date=2 January 2020}}
• Great Britain is no longer in a customs union with the European Union. Northern Ireland is also no longer legally in the EU Customs Union, but remains an entry point into it, creating the Irish Sea border, a de facto customs border down the Irish Sea.
• Level Playing Field provisions applying to Great Britain have been moved to the non-binding Political Declaration, although they are still present for Northern Ireland within the protocol.
• EU tariffs (which ones are dependent on a UK-EU FTA), collected by the UK on behalf of the EU, would be levied on the goods going from Great Britain to Northern Ireland that are "at risk" of then being transported into and sold in the Republic of Ireland; if they ultimately aren't, then firms in Northern Ireland can claim rebates on goods where the UK had lower tariffs than the EU. The joint committee will decide which goods are deemed "at risk".

This new protocol has been dubbed by some as "Chequers for Northern Ireland", due to its similarity with the UK-wide Chequers future relationship plan proposed by Theresa May, which had previously been rejected by the EU and criticized by Johnson.

File:Stroud Street Belfast 01.02.21.jpg (de facto border between Northern Ireland and Great Britain), February 2021]]

According to the UK's implementation plan (July 2020), a system for checks on goods crossing from Great Britain to Northern Ireland will need three types of electronic paperwork, as detailed in an eleven-page document.{{cite news| url= https://www.theguardian.com/uk-news/2020/jul/02/first-details-emerge-of-system-for-checks-on-goods-crossing-irish-sea | title = First details emerge of system for checks on goods crossing Irish Sea: HMRC document shows firms in Great Britain will be obliged to complete three types of electronic paperwork | author= Lisa O'Carroll | work = The Guardian | date = 2 July 2020 | access-date = 14 July 2020}}

On 8 December 2020, UK Cabinet Office minister Michael Gove announced that the British government would withdraw all controversial clauses from the Internal Market Bill. Gove and Vice-President of the European Commission Maroš Šefčovič announced "an agreement in principle" on all issues of the Brexit withdrawal agreement, including the protocol on Ireland and Northern Ireland, border checks, food and medicine supplies and "clarification" on state subsidy rules.{{cite news |url=https://www.thenational.scot/news/18929161.brexit-tories-remove-law-breaking-clauses-internal-market-bill-u-turn/ |title=Brexit: Tories remove law-breaking clauses from Internal Market Bill in U-turn |last=O'Toole |first=Emer |work=The National |date=8 December 2020 |access-date=9 December 2020}}

The de facto border between Northern Ireland and Great Britain bore criticism from Lord Empey, the Ulster Unionist Party’s chief negotiator during the Good Friday Agreement and former Stormont minister. He described the border on the Irish Sea as "the most significant change that has taken place since partition"{{Cite web|last=McBride|first=Sam|date=14 October 2020|title=Lord Empey: Irish Sea border biggest constitutional change since partition in 1921|url=https://www.newsletter.co.uk/news/politics/lord-empey-irish-sea-border-biggest-constitutional-change-partition-1921-3002111|url-status=live|archive-url=https://web.archive.org/web/20201018021446/https://www.newsletter.co.uk/news/politics/lord-empey-irish-sea-border-biggest-constitutional-change-partition-1921-3002111 |archive-date=18 October 2020 |access-date=2020-12-27|website=www.newsletter.co.uk|language=en}} and that "Northern Ireland’s centre of gravity could gradually move in a Dublin/Brussels direction. This cannot be without constitutional consequences.”{{Cite news|last=Kane|first=Alex|date=1 June 2020|title=Alex Kane: Irish Sea 'border' looks set to stay|url=https://www.irishtimes.com/opinion/alex-kane-irish-sea-border-looks-set-to-stay-1.4266946|url-status=live|archive-url=https://web.archive.org/web/20210219214931/https://www.irishtimes.com/opinion/alex-kane-irish-sea-border-looks-set-to-stay-1.4266946 |archive-date=19 February 2021 |access-date=2020-12-27|newspaper=The Irish Times|language=en}}

On 17 December 2020, the Joint Committee (led by Gove and Šefčovič) agreed a set of documents to give practical effect to the agreement. The documents include amendments to the original agreement (No 3/2020); determination of "goods not at risk" of entering the EU (includes temporary easements) (No 4/2020); maximum state support and "level playing field" (No 5/2020); practical working arrangements for EU inspectors at ports and airports (No 6/2020); and establishment of an arbitration panel for dispute resolution (No 7/2020).{{cite journal | title= ACTS ADOPTED BY BODIES CREATED BY INTERNATIONAL AGREEMENTS | date= 17 December 2020 | url= https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2020:443:TOC | journal= Official Journal of the European Union | publisher = European Commission}}

British Prime Minister Boris Johnson first threatened to invoke Article 16 of the Protocol in a speech to Parliament on 13 January 2021,{{Cite web|url=https://www.reuters.com/article/uk-britain-eu-nireland-johnson-idUSKBN29I1L6|title=Only "teething problems" in Britain-Northern Ireland trade, says PM Johnson|website=Reuters }} and again on 3 February.{{Cite web|url=https://www.reuters.com/article/uk-britain-eu-nireland-a16/uk-will-invoke-article-16-of-nirish-protocol-if-needed-johnson-says-idUSKBN2A31SB|title=UK will invoke Article 16 of N.Irish Protocol if needed, Johnson says|website=Reuters }} He once more did so in a TV interview in April 2021.{{cite news|title=Brexit: Johnson says UK trying to cut 'ludicrous' Northern Ireland checks|url=https://www.theguardian.com/uk-news/2021/apr/20/boris-johnson-uk-trying-to-cut-ludicrous-northern-ireland-checks| author=Lisa O'Carroll|work=The Guardian|date=20 April 2021}}

The Von der Leyen Commission threatened to advise the European Council to invoke Article 16 of the Northern Ireland Protocol on 30 January 2021 over a dispute with AstraZeneca on the contractual details of COVID-19 vaccine and whether the Anglo-Swedish manufacturer was or was not providing its "best efforts" to supply the EU with its product.{{cite news |last1=Blenkinsop |first1=Philip |title=AstraZeneca contract includes UK as 'best effort' base for output to EU |url=https://www.reuters.com/article/uk-health-coronavirus-europe-astrazneca-idUSKBN29Y1ED |publisher=Reuters |date=29 January 2021}}{{cite news |title=EU vaccine export row: Bloc backtracks on controls for NI |url=https://www.bbc.co.uk/news/uk-55865539 |newspaper=BBC: News |date=30 January 2021 |access-date=30 January 2021}}{{cite news |last1=Bannerman |first1=David Campbell |title=The EU's vaccine blunder has exposed major flaws in the Northern Ireland protocol |publisher=Telegraph Media Group Limited |url=https://www.telegraph.co.uk/news/2021/01/31/eus-vaccine-blunder-has-exposed-major-flaws-northern-ireland/ |date=31 January 2021}}{{cite news |last1=Foster |first1=Arlene |title=Sticking plasters will not fix the fundamental flaws in the Northern Ireland Protocol |url=https://www.telegraph.co.uk/politics/2021/02/03/sticking-plasters-will-not-fix-fundamental-flaws-northern-ireland |publisher=Telegraph Media Group Limited |date=3 February 2021}} After frank representations from the Irish and British governments, the Commission rapidly withdrew the threat and apologised for its error of judgement.{{cite news | url= https://www.theguardian.com/society/2021/jan/29/eu-moves-to-stop-northern-ireland-being-used-as-a-vaccine-backdoor-to-britain | title= 'Welcome news': relief as EU backtracks on NI Covid vaccine move | author = Lisa O'Carroll | work = The Guardian | date = 29 January 2021}}

{{main|Northern Ireland Protocol Bill}}

In June 2022, the UK government introduced a Northern Ireland Protocol Bill, which seeks unilaterally to change how the Northern Ireland Protocol is applied. In a strongly-worded letter,{{Cite web|url=https://assets.nationbuilder.com/sdlp/pages/813/attachments/original/1655127662/Protocol_Legislation_-_Letter_to_Prime_Minister.pdf|title=Protocol legislation: Letter to the Prime Minister}} 52 of the 90 Members of the Northern Ireland Assembly advised the Prime Minister that his proposed action would be contrary to the wishes of the majority of people in Northern Ireland.{{cite news |title=Majority of Northern Ireland MLAs condemn plan to alter Brexit protocol | first=Peter |last=Walker |date=13 June 2022 |work=The Guardian |url=https://www.theguardian.com/politics/2022/jun/13/a-bureaucratic-change-boris-johnson-defends-northern-ireland-protocol-bill }} The Democratic Unionist Party (25 MLAs) welcomed the Bill.{{Cite news|url=https://www.theguardian.com/uk-news/2022/jun/14/dup-rebuffs-uk-appeal-to-restore-power-sharing-in-northern-ireland|title=DUP rebuffs UK appeal to restore power sharing in Northern Ireland|date=14 June 2022|work=The Guardian}}

The Irish government denounced the Bill.{{cite news |title=Taoiseach accuses UK Government of 'breaking law' after protocol bill introduced | work=ITV News | date=13 June 2022 |access-date=15 June 2022 |url=https://www.itv.com/news/utv/2022-06-13/martin-hits-out-as-uk-government-triggers-fresh-dispute-with-eu}}{{cite news |title=Taoiseach says UK protocol plans are 'anti-business and anti-industry' | work= RTÉ News |first=Tommy |last=Meskill |date=15 January 2022 |access-date=15 January 2022 |url=https://www.rte.ie/news/brexit/2022/0614/1304681-brexit-protocol/}}

{{main|Windsor Framework}}

In February 2023, the European Commission and the Government of the United Kingdom announced agreement in principle to modifications of the protocol.{{cite news |title=Northern Ireland Brexit deal: At-a-glance | work=BBC News |date =27 February 2023 |url=https://www.bbc.co.uk/news/uk-politics-64790193}} This agreement, the "Windsor Framework", was adopted in March 2023 by both parties and came into effect on 1 October 2023.{{cite web |url= https://www.niassembly.gov.uk/assembly-business/brexit-and-beyond/the-windsor-framework/windsor-framework-timeline/ | website = niassembly.gov.uk | title = Windsor Framework timeline | accessdate = 25 July 2024 }}

• 2021 Northern Ireland riots
• Irish question (1840s–1920s)
• Irish issue in British politics
• United Ireland
• BorderIrish

{{notelist}}

{{reflist}}

• [https://www.economist.com/science-and-technology/2019/02/14/technology-could-make-a-hard-border-disappear-but-at-a-cost The invisible border: Technology could make a hard border disappear, but at a cost: Background surveillance would need to be high]{{snd}} The Economist (print edition), 14 February 2019
• [https://www.dfa.ie/media/dfa/eu/brexit/keydocuments/Omnibus-Bill-Memo.pdf Explanatory Memorandum for the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2019 introduced by the Irish government in the legislature] (Oireachtas)
• {{cite web|url=https://www.cer.eu/insights/northern-ireland-and-backstop-why-alternative-arrangements-arent-alternative | title=Northern Ireland and the backstop: why alternative arrangements aren't alternative |publisher= Centre for European Reform | first=Sam | last=Lowe | date=29 May 2019 | access-date=29 May 2019}}
• {{cite web| url=https://www.economy-ni.gov.uk/publications/irish-land-border-existing-and-potential-customs-facilitations-no-deal-scenario | title= Irish land border - existing and potential customs facilitations in a no-deal scenario | first1= Eric | last1= Pickett | first2= Michael| last2 = Lux | publisher = Department for the Economy, Government of Northern Ireland | date = 10 June 2019 |access-date= 15 June 2019}} ''(Eric Pickett is a German lawyer specialising in EU customs and WTO law, and Michael Lux was head of unit in the European Commission's customs division for 25 years. The report was commissioned by Northern Ireland's Department for the Economy).
• {{cite news|url=https://www.rte.ie/news/analysis-and-comment/2019/0614/1055418-double-whammy-a-no-deal-brexit-and-northern-ireland | first=Tony |last=Connelly | title= Double Whammy: A no-deal Brexit and Northern Ireland | date= 15 June 2019 | access-date= 15 June 2019}}
• {{cite web |url= https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/637748/Future_customs_arrangements_-_a_future_partnership_paper.pdf | title= Future customs arrangements: a future partnership paper |date = May 2018 | access-date=15 June 2019}}
• {{cite web|url=http://qpol.qub.ac.uk/selfish-strategic-interest-special-arrangement/ | title= A Selfish and Strategic Interest in a Special Arrangement?: Brexit is not only incompatible with the Good Friday Agreement, it targets a core principle of the peace process - rigorous impartiality| author=Professor Colin Harvey | publisher = Queen's University Belfast| date= 13 November 2018 | access-date = 31 July 2019}}

{{2016 United Kingdom European Union membership referendum}}

{{Theresa May}}

Category:Consequences of Brexit

Category:Republic of Ireland–United Kingdom border

Category:Politics of the British Isles

Category:Border crossings