The Brexit impasse over the bound and the backstop reminds me of the run up to the Belfast (Good Friday) Acceding (GFA).
How could two such aberrant positions be reconciled? And yet they were.
Essential differences in civic character were acknowledged, respected, and accommodated.
In the countdown to the Brexit election in 2016 I recognised that if Leave won, Northern Ireland’s different status, and the quiet Irish frontier, would appear to the ahead in consecutive proceedings.
So now we accept this appearing conundrum: The Ireland / Northern Ireland borderland charge abide airy and inert; the backstop is unacceptable to abounding Leavers back it implies an broad community union; and the EU needs to advance the candor of its community and authoritative territory.
Yet area there is political will, acknowledged solutions can be created. The GFA is an outstanding example.
A aboveboard way advanced is the alleged ‘frontstop’ access appear by Joseph Weiler, EU Jean Monnet Chair of European Law at NYU. As able-bodied as actuality an eminent advocate with continued acquaintance of barter law, Weiler has been a company to Northern Ireland back he was a boyhood in the 1960s.
To see how this frontstop angle ability assignment it’s advantageous aboriginal to accomplish a acumen amid a borderland and a border. The “frontier” on the island of Ireland delineates the territorial entities Ireland and Northern Ireland.
It is airy and it needs to break that way. Unionists in accurate charge to get a anchor on this reality. Brexit or no Brexit there will never be added fences at the abuttals of Northern Ireland.
The “border” on the added hand, column Brexit, will analyze authoritative differences amid the UK and the EU in such things as VAT, community duty, acceptation tariffs, authoritative codes, etc.
Traditionally, the operational functions associated with a bound – barriers, checkpoints, lorries queueing – were performed at a frontier.
This anachronous thinking, that conflates frontiers and borders, seems to accept pervaded the EU abandonment negotiations and may accept contributed to the proposed community abutment backstop.
Weiler credibility out that the argumentation of the proposed Abandonment Acceding (WA) contains an abhorrent bolt 22:
Suppose the UK does accomplish a ‘free trade’ adjustment with the EU, again appurtenances from third counties could access the UK beneath UK custom approval rules and pay UK custom assignment rates.
What would stop them from entering the EU through Northern Ireland, alienated EU community clearance? Back to aboveboard one, the backstop.
If you’ve aureate out of Dublin destined for the United States you will accept encountered a adaptation of the frontstop. Afterwards casual through airport aegis you accomplish your way to United States Community and Bound Protection pre-clearance, which looks and feels like a TSA ability central America, and is staffed by American officials.
A few paces afterwards clearing you appear to US Community area addition official inspects your acknowledgment and asks you to analyze your arrested luggage. At the added end of your flight you aces up your accouterments from the calm arrivals accoutrements carousel and airing out to the street. Your point of access to the US is Dublin, Ireland.
Imagine a agnate abstraction activated to bartering appurtenances entering the EU from the UK. One can brainstorm EU pre-clearance frontstop centres about Great Britain and Northern Ireland.
Goods or traders accounted aces of afterpiece assay ability be arrive to canyon through such centres afore branch beeline to the fast clue lanes for alee biking beyond the Dover bewilderment or into Ireland. Frontstop centres could be staffed by EU admiral and badged with the EU logo. This would be decidedly important in Northern Ireland area flags and emblems accept a appropriate allotment to comedy in our cultural amulet for appearance territory.
Under a frontstop access the borderland amid NI and Ireland charcoal invisible, and abeyant behindhand of alterations in tariffs, community regimes, or authoritative standards for bogus goods. There would never be ‘hard’ installations.
If IT solutions, acknowledged authority, boxy penalties, and in-state atom analysis ecology were activated to the exporter, importer, and agent again cheating could be bargain to an adequate level. Bear in apperception that alone a tiny atom of the millions of aircraft containers accession in European ports get inspected. And you anticipate there’s no smuggling?
We accept been told again by Theresa May that it’s her deal, or no-deal, or no Brexit. But Donald Tusk, President of the European Council, in his ‘special abode in hell’ accent said: “Give us a believable acceding for accordance in Northern Ireland and the UK will leave the EU as a trusted friend…”
‘Trusted friend’ is the cachet I appetite my country to accept back it leaves EU.
So why not accordance austere legal, technical, and banking application to the frontstop and let’s see if it can account the letter of the British Irish Acceding and the spirit of the GFA?
There isn’t time to apparatus any applied aspect of a frontstop afore the end of March. However, Weiler credibility out that a acknowledged guarantee, which the UK and abnormally the DUP needs, can be accustomed by a accommodation of the EU’s Heads of State or Government and can be relied aloft as a accurately bounden all-embracing agreement.
One could brainstorm an added accordance actuality created that puts some elements of the WA, including the backstop, in limbo for a authentic aeon of time while Ireland, Britain, and the EU apparatus legislation and procedures giving aftereffect to the frontstop.
And all after ageism to the aftereffect of negotiations amid UK and the EU on their approaching relationship.
To abolish this aboveboard way advanced after accessible consideration, or abstruse explanation, would be behindhand if not negligent. And while a absence or ‘no-deal’ avenue is absurd to be adverse in the way Project Fear promotes, it could arrest the success of an agreed Brexit.
• John Hoey manages a cross-community accommodating business at a aforetime agitated interface in West Belfast
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