Irish border won't be a precedent for rest of EU-UK discussions

The EU today published a paper on the EU’s principles for the Irish border that will be presented to the UK for discussions on the issue.

The UK published its position paper three weeks ago ahead of the last round of negotiations.

The EU document focuses heavily on the Good Friday Agreement and unique circumstances for Ireland.

It does not however make suggestions rather transfers that responsibility to the UK.

The paper says: “The onus to propose solutions which overcome the challenges created on the island of Ireland by the United Kingdom’s withdrawal from the European Union and its decision to leave the customs union and the internal market remains on the United Kingdom.”

Unique solution

The EU paper suggests that they may be open to a unique solution to deal with the Irish border but that this cannot be a principle that can be extended to wider discussions on the future relationship between the EU and UK.

In other words, if an exception is made for the island of Ireland, it cannot be taken as a precedent for the wider issue of a EU-UK border.

The paper also recognises the common travel area that existed between Ireland and the UK before EU membership.

It is anxious that it continues to operate as was the position with the UK document. However the EU paper adds the proviso that Ireland must be able to continue its obligations to facilitate free movement of EU citizens from the EU to and from Ireland.

The same principle is highlighted by the paper in relation to the functioning of the internal EU market.

Comment

In this paper the EU is passing the issue back to the UK to come up with proposals that allow the status quo continue.

Of course that is incompatible with the stated UK position of wanting to leave the Customs Union and single market.

The EU emphasises that any arrangement must not compromise the EU principles on free movement of people to and from the Republic of Ireland and comply with the proper functioning of the internal market and customs union.

This is where it becomes impossible to square the circle. Free movement into Dublin and common travel area between the Republic of Ireland and Northern Ireland and Britain means a back door to the UK for EU citizens.

Similarly, free movement of goods between Northern Ireland and the Republic of Ireland creates a potential back door for third country goods to the EU.

What the paper hints at is that the EU might look at possibilities that would accommodate Northern Ireland but the question is then raised how this would work politically as it would de facto create a border at the Irish sea between Britain and the island of Ireland.

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