Boris Johnson defies US and EU warnings over Northern Ireland protocol

The British Prime Minister will arrive in Northern Ireland on Monday night hoping to calm a war of words with Brussels.

Boris Johnson tours Birmingham’s Alexander Stadium with Team England track and field team leader Kelly Sotherton. Picture: Getty Images

British Prime Minister Boris Johnson will defy EU and US warnings not to threaten unilateral changes to the Northern Ireland protocol, saying there “will be a necessity to act” if Brussels does not give more ground.

However, after Washington warned him against “theatre” over the issue, Mr Johnson was to ­arrive in Northern Ireland on Monday night hoping to calm a war of words with Brussels, stressing that “we will always keep the door wide open” for further talks.

He is likely to press ahead on Tuesday with plans to outline a law to override part of the post-Brexit deal with the EU. Mr Johnson points to protocol problems ­arranging medical supplies and questions about whether cuts in VAT to ease the cost of living could be applied in Northern Ireland.

An announcement to parliament on Tuesday is said to be “baked in”, even though a formal decision is yet to be made, after Mr Johnson agreed with Foreign Secretary Liz Truss that negotiations were failing and Britain had to be able to act unilaterally.

Mr Johnson has said the protocol was drawn up before a UK-EU trade deal was signed and had “restricted” the government’s abilities to help Northern Ireland deal with crises. Writing in the Belfast Telegraph, he expressed frustration that “we have been told by the EU that it is impossible to make the changes to the protocol text to actually solve these problems in negotiations”, adding: “I hope the EU’s position changes. If it does not, there will be a necessity to act.” He said he would set out “next steps to parliament in the coming days”.

However, he is seeking to calm relations with a more conciliatory tone, writing: “We will always keep the door wide open to genuine dialogue. And we will continue to protect the single market … There is without question a sensible landing spot in which everyone’s interests are protected.”

Government sources said Tuesday’s announcement would “not be a watershed moment” that ended talks with the EU.

The full draft law will not be published next week, with sources stressing this is designed as an “insurance policy” that London has not yet decided to use and will take up to a year to become law. Mr Johnson hopes to use the time to persuade the EU to reopen the wording of the protocol, which it has so far refused to do.

To protect the 1998 Good Friday Agreement that ended 30 years of conflict between Republicans and Unionists, Britain and the EU agreed that from 2021 Customs checks would take place between mainland Britain and Northern Ireland, rather than at the border with the Republic of Ireland, which remains a member of the EU. Despite this, Unionists fear the protocol is casting them adrift from the UK by imposing a de facto trading border in the Irish Sea. The legislation is likely to exclude checks in the Irish Sea.

Amending the protocol has gathered a sense of urgency following the unprecedented win by Sinn Fein at regional elections on May 5. Once the political wing of the IRA, Sinn Fein won enough seats in the devolved legislature to nominate its Northern Ireland leader, Michelle O’Neill, as first minister. However, under the Good Friday Agreement, it will be unable to take up office unless the Democratic Unionist Party agrees to name a deputy. The DUP is refusing to do so, unless the protocol is changed.

The shift in tone came after Conor Burns, Mr Johnson’s Northern Ireland envoy to the US, struggled to persuade the Biden administration of Britain’s case.

Mr Burns said he had told US officials that the UK had to be able to act to protect peace in Northern Ireland but “we’re not setting any deadlines”.

European sources welcomed what appeared to be a “less aggressive” approach than that set out by Ms Truss to the EU’s lead negotiator, Maros Sefcovic, last week. “We have always been ready to continue talking. There won’t be any drama from our end,” one source said.

The Times