Brexit minister Lord Frost has accused the EU of being an organisation “that doesn’t always look like” it wants the UK to succeed as he demanded changes to post-Brexit arrangements for Northern Ireland.
In a speech in Lisbon, the cabinet minister called on Brussels to help “tackle the fundamental issues” with the Northern Ireland Protocol – which he claimed was “not working” – and to show “the same ambition and willingness” to solve problems.
He also reiterated a threat to suspend post-Brexit arrangements for Northern Ireland by triggering Article 16 of the Protocol.
But critics attacked Lord Frost for now trashing an agreement he helped negotiate with Prime Minister Boris Johnson less than two years ago, and for risking a new row with the EU.
In his speech on Tuesday, Lord Frost said the Protocol was “the biggest source of mistrust” between the EU and UK and said the border arrangements had “completely lost consent in one community in Northern Ireland”.
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“There is a widespread feeling in the UK that the EU did try to use Northern Ireland to encourage UK political forces to reverse the referendum result or at least to keep us closely aligned with the EU,” he added.
“And, moreover, that the Protocol represents a moment of EU overreach when the UK’s negotiating hand was tied, and therefore cannot reasonably last in its current form.
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“Whether or not you agree with either analysis – the facts on the ground are what matter above all.
“Maybe there is a world in which the Protocol could have worked, more sensitively implemented.
“But the situation has now moved on. We now face a very serious situation. The Protocol is not working.”
Lord Frost revealed he had shared a new legal text with the European Commission on Tuesday with his planned changes for the Protocol.
These include the removal of the European Court of Justice (ECJ) from oversight of the Protocol.
He spoke ahead of EU vice-president Maros Sefcovic delivering Brussels’ response on Wednesday to the UK government’s suggested changes to the Protocol, which Lord Frost outlined in July.
The Brexit minister said the UK was “really ready” to discuss the EU’s own proposals “whatever they say and we will obviously consider them seriously, fully, and positively”.
But he warned the EU must be ready to agree to “significant change” to the Protocol.
“We need the EU to show the same ambition and willingness – to tackle the fundamental issues at the heart of the Protocol head on,” Lord Frost added.
Senior EU figures – including French President Emmanuel Macron – have previously warned that “nothing is negotiable” with regards to the Protocol.
But, while Lord Frost admitted he understood why the EU “feels it is difficult to come back to an agreement reached only two years ago”, he stressed “that in itself is far from unusual in international relations”.
The last great battle of Brexit
By David Blevins, senior Ireland correspondent
Some are describing this as the last great battle of Brexit.
It’s less about the practicalities of the Northern Ireland Protocol and more about the politics – who has the power to enforce the trading arrangements.
When the UK voted to leave the EU, Northern Ireland became the square peg in the round hole.
How would Northern Ireland exit the EU with the rest of the United Kingdom without the need for a border with the Republic?
In the end the two sides compromised, leaving Northern Ireland in the EU’s single market, much to the angst of Unionists.
Now, there is a new dilemma. How can Northern Ireland remain in the EU’s single market and the European Court of Justice (ECJ) not have oversight here?
It’s too soon to know if Lord Frost’s stance on the ECJ is a negotiating position or a red line for a UK government seriously considering Article 16.
Responding to Lord Frost’s speech, former Conservative minister Gavin Barwell – who was also chief of staff to ex-prime minister Theresa May – accused the Brexit minister of causing new tensions with EU nations.
“The absolute state of David Frost trashing the deal he negotiated + hailed as a triumph – despite many, yours truly included, warning it was a dud – *and worse* now using it to further undermine our relationship with some of our closest friends in an increasingly dangerous world,” he posted on Twitter.
Labour’s shadow Brexit minister, Baroness Chapman, claimed senior Conservatives were “desperate to use a tussle with Brussels to distract from their domestic failures – whether on COVID, the energy crisis, or the needless culling of thousands of pigs”.
She added: “Today was an opportunity for the government to reset relations with our partners in the EU after a fractious start to our new relationship.
“Instead of approaching the occasion with maturity and in the spirit of cooperation, Lord Frost has effectively asked to rip up the agreement he negotiated – and the Prime Minister signed – just two years ago.”
And Liberal Democrat MP Alistair Carmichael, the party’s Northern Ireland spokesperson, said: “This Conservative government is playing out like a badly-written farce.
“The same minister who just months ago was trumpeting the government’s botched Brexit deal now says it’s intolerable and has to be changed.
“After all the upheaval British businesses have suffered and all the challenges they face now, they need certainty and support from the government, not more pointless posturing.”
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Reforms to renters’ rights have finally become law – five years and four prime ministers after they were first promised.
The legislation that received Royal Assent today is Labour’s version, after the party took office with a promise to improve and complete the set of proposals the Tories pledged then watered down, then abandoned altogether before the general election last year.
Previously it was known as the Renters’ Reform Bill, but Labour renamed it as the Renters’ Rights Bill.
Following Royal Assent, it is now known as the Renters’ Rights Act.
It aims to “decisively level the playing field between landlords and tenants”, according to housing minister Matthew Pennycook.
However there is one more crucial date – the commencement date – which is when the measures will actually take effect.
We don’t know when that is, but these will be the first changes:
No-fault evictions banned
Crucially, the legislation includes a blanket ban on no-fault evictions under Section 21 (S21) of the 1988 Housing Act.
S21 notices have allowed landlords to evict tenants with two months’ notice without providing a reason.
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One million renters forced to move
Former Conservative prime minister Theresa May made the pledge to scrap S21 notices on 15 April 2019, and it was also in her successor Boris Johnson’s manifesto.
After the general election, Labour confirmed in its first King’s Speech that it would end no fault evictions for both new and existing tenancies.
Mr Pennycook has said that this means landlords will not be able to “arbitrarily evict any tenant with a Section 21 notice, including tenants that make complaints about things like damp and mould, rather than fix those problems”.
Landlords will still be able to evict tenants if they have a legal reason, such as if the tenant is in several months’ rent arrears or commits anti-social behaviour.
Fixed-term tenancies ended
The Act has removed fixed-term tenancies, so that all agreements are “periodic”.
This will give tenants the flexibility to move if there is a change of circumstance or they aren’t happy with the standard of accommodation. Instead of having to stay until a specified end date, tenants will be required to give two months notice if they wish to move out.
Landlord notice periods
When a landlord’s circumstance changes, such as their need to sell up or move into the property, they will have to give four months’ notice instead of two.
All renters will get a 12-month protected period at the beginning of a tenancy, during which landlords cannot evict them on these grounds.
What are the longer term changes?
There are a range of further reforms that will come in after the new tenancy system is implemented. These are:
Awaab’s law extended
Image: Awaab Ishak
Awaab’s Law was named after the toddler who died after exposure to mould in his family’s social rented home in Rochdale, Greater Manchester.
It proposed that social landlords will have to investigate hazards within 14 days, fix them within a further seven, and make emergency repairs within 24 hours. .
Under Labour’s Renters’ Rights Act, this will be extended to the private sector to ensure all landlords speedily address hazards and make homes safe.
Plans to make homes safer also include applying a Decent Homes Standard to the private rented sector for the first time.
The government said 21% of privately rented homes are currently classified as “non-decent” and more than 500,000 contain the most serious hazards.
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Social home health rules to tighten
Landlords who fail to address serious hazards will be fined up to £7,000 by local councils and may face prosecution for non-compliance, the government said.
A new Private Rented Sector Landlord Ombudsman will also be introduced to “provide quick and binding resolutions” about complaints, alongside a databaseto help landlords understand their legal obligations and demonstrate compliance.
Ban on mid-tenancy rent increases
The Act has also banned rent increases being written into contracts to prevent mid-tenancy hikes, leaving landlords only able to raise rent once a year at the market rate.
Rent campaigners want the government to go further and introduce rent controls amid a spiralling affordability crisis.
Analysis of government figures by housing charity Shelter found England’s private renters paid an extra £473 million pounds every month on rent in 2024 – an average of £103 more per month than they were paying in 2023.
Labour has ruled out rent controls, saying their plan to build more homes will bring prices down.
Powers to challenge rent hikes
However the government said they will make it easier for people to challenge excessive rent hikes which could force them out.
This will be done by reforming the First Tier Tribunal so it can’t actually demand more than what the landlord initially asked for when tenants complain.
The government will also end backdated increases if the watchdog rules in the landlords’ favour, and allow rent increases to be deferred by two months in cases of hardship.
Allowing pets
Labour’s reforms have also given tenants the strengthened right to request a pet, which landlords must consider and cannot unreasonably refuse.
Image: Activists from Shelter stage a protest in Parliament Square over delays to the Renters Reform Act. Pic: PA
There are currently no specific laws in place when it comes to renting with pets, but landlords can decline if they have a valid reason.
To support landlords, the Renters’ Rights Act has provided them with the right to request insurance to cover potential damage from pets if needed.
Bidding wars for rental properties have become increasingly common amid a chronic shortage of supply, with tenants typically paying an extra £100 a month above the asking price for their home last year, according to research by the New Economics Foundation.
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Bristol renters face frenzied competition
The legislation includes a legal requirement for landlords and letting agents to publish the required rent for a property.
Landlords and agents will be banned from “asking for, encouraging, or accepting any bids” above the publicly stated price.
Similar laws have been passed in other countries facing a housing crisis, such as New Zealand.
Limit on rent in advance
Bidding wars have also led to some people offering months of rent in advance to ensure they get the property. Under the new laws, landlords can only ask for up to one month’s rent upfront once you’ve signed a tenancy agreement. They will be banned from encouraging or accepting any more.
The Act also outlaws landlords imposing a blanket ban on tenants receiving benefits or with children.
According to Shelter, one in five families have been unable to rent somewhere in England because they have kids.
Meanwhile, the English Private Landlord Survey, covering the period of 2021 to 2022, found one in 10 private renters – around 109,000 households – had been refused a tenancy because they received benefits.
While specific cases of this have been found to have breached the Equality Act in court, the new law will explicitly ban these forms of discrimination “to ensure fair access to housing for all”.