What happens if UK takes legal action over post-Brexit fishing row with France?

Published

2 years ago

November 2, 2021

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The French government has stepped back from a threat to impose disruptive port checks on lorries and boats after the UK threatened to take legal action in a row over post-Brexit fishing licences.

Key talks between the two sides will take place later this week aimed at resolving the disagreement, but the risk of further escalation remains.

Sky News examines what is behind the row between the UK and France and what measures London could take if the impasse rumbles on.

What is the dispute about?

Under the terms of the Brexit trade deal, which came into force on 1 January, EU access to UK waters and UK access to EU waters is now managed through a licensing system for fishing vessels.

The current row erupted after the UK authorities refused to give licences to some French fishing vessels to operate in UK waters because they believed they did not meet the requirements.

According to the French government, the UK has only issued half the fishing licences that Paris believes it is entitled to.

Environment Secretary George Eustice told Sky News last week that the UK has issued post-Brexit licences to 1,700 vessels, including 750 French fishing boats, which amounts to 98% of applicants.

But the row deepened when the Cornelis Gert Jan scallop trawler was detained by French authorities last Thursday near the port of Le Havre.

The owners of the British vessel denied French claims that it did not have the correct licence to fish in French waters and said the Cornelis was being used as a “pawn” in the wider UK-France fishing dispute.

France initially said that if the UK did not grant more licences for its fishing vessels it would, from Tuesday, block its ports, carry out security checks on British vessels, reinforce controls of lorries to and from the UK, reinforce customs and hygiene controls, and raise tariffs.

However, Paris has stepped back from introducing these measures.

Downing Street says talks will take place with France on Wednesday about the situation, as well as other “issues important to the UK-EU relationship, including the Northern Ireland Protocol”.

What are dispute resolution measures?

It is against this backdrop that the UK has threatened to take legal action.

The prospect was raised by Prime Minister Boris Johnson last week and repeated by the Foreign Secretary Liz Truss in a Sky News interview on Monday.

The foreign secretary set a 48-hour deadline for the fishing dispute to be resolved, although it’s not clear if that deadline still stands in light of recent moves from Paris.

If legal action were to be taken, this would involve the UK triggering the dispute resolution measures contained in the Brexit trade deal, officially known as the Trade and Cooperation Agreement (TCA).

The measures are designed to be used when one side feels that the other is in breach of the TCA.

Initially, this would mean a 30-day period of consultation between the two sides which can be extended if both parties agree.

The aim of this first step is to resolve any disagreement through dialogue.

But if a solution cannot be found, the complainant can progress things further and ask for an independent arbitration tribunal to be set up.

This would be made up of three members: one nominated by the UK, one put forward by the EU and a jointly-agreed chair.

The tribunal would then rule within 130 days of being set up, although an interim report would be issued earlier.

One side can ask for this timeline to be sped up, which would see it cut in half.

Tribunal rulings are legally binding and if a side is found to have breached the agreement they have 30 days to set out how they will comply.

Sam Lowe, a senior research fellow at the Centre for European Reform think-tank, said of the process: “In terms of the legal mechanisms we are very much talking about a process here that could drag on for a while.”

What happens if one side does not comply?

The other party can ask for compensation or suspend certain obligations contained in the agreement in areas like trade, aviation, road transport and fisheries.

The tribunal can be asked to rule on whether the suspension is appropriate, while the suspension should be rescinded if the other side then decides to follow its ruling.

There are also specific steps that one side can take in relation to fishing.

What measures can be taken on fishing?

One side could decide to entirely suspend access to its waters and scrap the preferential tariff agreement that applies to fishery products.

Again, an arbitration tribunal could end up getting involved, with it ruling if the measure is a proportionate response.

The UK, or indeed France, could choose to go further and apply tariffs on fisheries and non-fisheries products or even suspend elements of the TCA relating to trade and road transport.

Either side can also decide to bin the agreement on fisheries with a notice period of nine months.

What would the impact be on UK-EU relations long-term?

According to Sam Lowe: “If the UK feels the diplomatic route has been exhausted, proceeding with dispute resolution within the confines of the TCA is the proper way to go about things.

“At least in the TCA there are rules, processes to be followed; much better than spilling out into an unconstrained trade war with both the EU and UK free to do whatever they want.”

However, he warned that a simmering dispute could have a wider impact, adding: “These disputes do have political ramifications: they chip away at the good will necessary to reach a compromise on other outstanding issues such as Northern Ireland.”

Are the dispute resolution mechanisms different when it comes to Northern Ireland?

Yes.

The UK and EU are currently locked in talks over potential changes to the protocol, which is designed to avoid a hard border on the island of Ireland.

The protocol is part of the withdrawal agreement between the two sides and is separate from the TCA.

If these talks break down or do not prove fruitful, either side has the option of activating Article 16 of the protocol.

This states that if the protocol is causing “serious economic, societal or environmental difficulties that are liable to persist”, or leading to a “diversion of trade” then either the UK or EU can introduce “appropriate safeguard measures” to tackle the problems.

Brussels at one stage proposed using Article 16 to stop COVID vaccine exports from the EU moving to Great Britain from Northern Ireland, but stepped back from this after a backlash.

Opponents of the protocol in Northern Ireland have been calling on the UK government to invoke Article 16 to stop checks and controls on goods.

Politics

SNP and Scottish Greens power-sharing deal ends following climate target row

Published

2 hours ago

April 25, 2024

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SNP and Scottish Greens power-sharing deal ends following climate target row

The SNP has terminated its power-sharing deal with the Scottish Greens following a bitter row over its climbdown on climate targets.

It comes after First Minister Humza Yousaf summoned a meeting of his Cabinet – usually held on a Tuesday – this morning following speculation over the future of the Holyrood deal, first struck by his predecessor Nicola Sturgeon.

The deal, signed in 2021, was designed to facilitate governing between the two pro-independence parties in Holyrood.

But signs it was running into difficult came after the Scottish government scrapped its commitment to cut emissions by 75% by 2030.

The climate announcement also came on the same day that the prescription of puberty blockers for new patients under the age of 18 at a Glasgow gender identity service would be paused.

It means Mr Yousaf’s administration will now run a minority government at Holyrood.

Politics latest updates – Greens and SNP to hold news conferences

Lorna Slater, the co-leader of the Scottish Greens, accused the SNP of an “act of political cowardice” and of “selling out future generations to appease the most reactionary forces in the country”.

“They have broken the bonds of trust with members of both parties who have twice chosen the co-operation agreement and climate action over chaos, culture wars and division,” she said. “They have betrayed the electorate.

“And by ending the agreement in such a weak and thoroughly hopeless way, Humza Yousaf has signalled that when it comes to political cooperation, he can no longer be trusted.”

It is understood the first minister will hold a press conference this morning in the wake of the announcement. The Greens are also expected to talk to the media.

The power-sharing deal with the Greens, also known as the Bute House agreement, brought the party into government for the first time anywhere in the UK.

Named after the first minister’s official residence in Edinburgh, it gave the SNP a majority in the Scottish parliament when its votes there were combined with those of the seven Green MSPs.

It created ministerial posts for the Scottish Green Party’s co-leaders Ms Slater and Patrick Harvie.

As well as the watering down of climate targets, the Greens were also dismayed at the pause of puberty blockers in the wake of the landmark Cass review into the landmark Cass review of gender services for under-18s in England and Wales.

Last week the Greens said it would hold a vote on the future of the Bute House Agreement and Mr Harvie urged members to back it so the party could “put Green values into practice” in government.

But in the statement released today, Ms Slater said Green members were now not going to have a “democratic say” on the agreement, adding: “The most reactionary and backwards-looking forces within the first minister’s party have forced him to do the opposite of what he himself had said was in Scotland’s best interests.”

“If they can’t stand up to members of their own party, how can anyone expect them to stand up to the UK government at Westminster and defend the interests of Scotland?”

Politics

EU enacts crypto regulations to combat money laundering

Published

2 hours ago

April 25, 2024

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EU enacts crypto regulations to combat money laundering

The new legislation would impact crypto-asset service providers, like centralized crypto exchanges under MiCA.

Politics

‘Politicians mess it up every time’: New pre-election pledges may not be enough

Published

3 hours ago

April 25, 2024

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'Politicians mess it up every time': New pre-election pledges may not be enough

June gives me a wry smile when I ask her if she trusts politicians. But it soon fades.

“They promise you the Earth, and you don’t see anything. And it’s soul destroying,” she says.

I meet her and husband Joe as they tuck into fish and chips in the town’s oldest chippy, the Peabung, which has served this town since 1883.

June tells me she really wants to trust politicians but they “just mess it up every time”. I ask Joe if he thinks politicians care about him? “Well hopefully they do. I’m not sure really.”

He stops to think for a moment. “I don’t really trust politicians,” he says.

The findings of a Sky News/YouGov poll are stark and echo how voters like June and Joe feel. The findings suggest voters no longer believe what politicians say.

In some places, there appears to be a deep loss of faith in British politics.

Shannon Donnelly has nearly 200,000 followers on TikTok and has used the platform to develop her Grimsby-based business selling personal safety equipment, such as panic alarms. I ask her if she trusts politicians.

“No – I think things like Brexit has massively changed people’s opinion. I won’t forget when they said all that money would go to the NHS.

“Now we seem to be in a worse position, but they still expect us to trust them. It’s crazy.”

The percentage of Leavers saying they “almost never” trust the government has leapt by 33 points (from 23% to 56%) since the last election. This is twice as much as the increase for Remainers.

Shannon’s lack of trust impacts on her livelihood and she says she doesn’t know which way to turn.

“For the business, obviously, it’s important to look at what they will do. We’re struggling. VAT is insane, overheads are crazy.”

Asked if people think politicians care about them, 83% of people asked said no, with just 11% saying they cared a little.

When asked how much do politicians care about your part of the country – there is a clear divide – 86% of people living in the north of England say they don’t care, whereas just 47% of Londoners say their elected representatives don’t care about their city.

Brian Wustrack owns the oldest fish and chip shop in Grimsby.

“They’re just not listening to the people that voted, it’s all a one-way system for them. They’ve lost touch with the people out there, especially the people in the North.”

The prime minister is still to announce the date of the next general election.

However, places like Grimsby and Cleethorpes are key election battlegrounds now. Support for the Conservatives may be fading but that won’t necessarily translate into strong support for Labour.

The Reform party is gaining ground in pro-Leave constituencies like this one, picking up their 2019 Tory voters.

But brace yourself for a raft of promises in the next few months.

The questions is will voters trust politicians to deliver on them.

The Politics Hub with Sophy Ridge is going to be live in Grimsby tonight with a special programme in our Target Towns series. She’ll be talking about trust in politics with a live audience – that’s live tonight on Sky News at 7pm

ALL THE CANDIDATES IN NORTH EAST LINCOLNSHIRE’S LOCAL ELECTIONS

Croft Baker
Gemma Harney – Liberal Democrats
Marian Jervis – Labour Party
Graham Reynolds – Conservative Party

East Marsh
Lloyd Emmerson – Liberal Democrats
Barry Miller – Labour and Co-operative Party
Callum Procter – Conservative Party

Freshney
Tamzin Barton – Liberal Democrats
Tanya Brasted – Conservative Party
Paul Bright – Independent (part of Independents for North East Lincolnshire party group)
Paul Wood – Trade Unionist and Socialist Coalition (TUSC)
Samantha Wrexal Holborrow – Labour Party

Haverstoe
Stephen Hocknell – Liberal Democrats
Val O’Flynn – TUSC
Bill Parkinson – Conservative Party
Ian Townsend – Labour Party

Heneage
Brian Barrett – Liberal Democrats
Emma Clough – Labour Party
Tyrone Curran – Conservative Party
John Stiff – TUSC

Humberston & New Waltham
Ryan Aisthorpe – Liberal Democrats
Joe Carter – TUSC
Hayden Dawkins – Conservative Party
Pauline Kaczmarek – Labour Party

Immingham
David Barton – Liberal Democrats
Trevor Crofts – Conservative Party
Nathan Newton – TUSC
David Watson – Labour Party

Park
Robson Augusta – Labour Party
Zach Kellerman – Liberal Democrats
Dave Mitchell – TUSC
Daniel Westcott – Conservative Party

Scartho
Charlotte Croft – Conservative Party
Caroline Ellis – Liberal Democrats
Dan Humphrey – Labour Party
Val Pow – TUSC

Sidney Sussex
Andy Burton – Liberal Democrats
Alexandra Curran – Conservative Party
Mark Gee – TUSC
Edward Kaczmarek – Labour Party

South
Paul Batson – Conservative Party
Jane Bramley – Independent
Andrew Harrison – Liberal Democrats
Sheldon Mill – Labour Party
Bill Ward – TUSC

Yarborough
Les Bonner – Independent (part of the Independents for North East Lincolnshire party group)
Sam Brown – Labour and Co-operative Party
Phil Tuplin – TUSC
Christine Vickers – Conservative Party
Aharon Wharton – Liberal Democrats