What is the Northern Ireland Protocol and why does it matter?

Published

3 years ago

February 17, 2023

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The Northern Ireland Protocol has been at the heart of UK politics for the past few years.

Since the Brexit transition period ended on 31 December 2020, the protocol has been a point of friction between Westminster, Belfast and the EU.

In May 2022, Sinn Fein made history by becoming the first nationalist party to win the most seats in Northern Ireland Assembly elections, with the unionist DUP experiencing big losses.

The protocol was blamed for much of that turnaround in votes, with the DUP refusing to take part in government unless the protocol is abandoned or replaced, meaning there is no sitting government in Northern Ireland.

In a bid to break the impasse, a controversial bill put forward by Boris Johnson when he was prime minister which would have allowed the UK to change the protocol without the permission of the EU.

Since Rishi Sunak took over, relations have thawed slightly, with EU Commission President Ursula von der Leyen saying in January 2023 that she has a “very trusted and excellent relationship” with the PM and their teams are “working together to find solutions”.

On 16 February, Mr Sunak travelled to Northern Ireland to meet local leaders amid mounting speculation a deal is within reach.

What is the Northern Ireland Protocol?

The UK and EU agreed to put the protocol in place after Brexit to avoid a hard border on the island of Ireland.

Lorries can continue to cross the border from Northern Ireland into the Republic without having paperwork and goods checked – as they did when the UK was in the EU.

Because Ireland remains in the EU, a new arrangement was needed to reflect the EU’s strict food rules and border checks.

The protocol states that Northern Ireland will remain part of the UK’s customs territory – so if the UK signs a free-trade deal with another country, Northern Irish goods would be included.

However, Northern Ireland has to stick to some EU rules to allow goods to move freely into the Republic and the rest of the EU.

Goods moving from Great Britain to Northern Ireland are not subject to a tariff unless they are “at risk” of being moved into the EU afterwards.

How does it work in practice?

Products from Great Britain entering Northern Ireland have had to undergo EU import procedures at the ports.

To carry out those checks, an Irish Sea border has effectively been imposed – which Boris Johnson promised would not happen.

This has resulted in delays and sometimes sparse supermarket shelves as some suppliers have decided to stop selling to Northern Ireland due to the new cost and difficulty.

There have also been problems with “medicines, on pets, on movements of live animals, on seeds, on plants and on many others”, former Brexit negotiator Lord Frost said last year.

Not all checks specified by the EU have been fully implemented, such as paperwork for supermarkets which was reduced during a temporary “grace period”.

However, those grace periods have been extended by the UK, which has resulted in a row with the EU as it says it is a breach of international law.

A breakthrough under Rishi Sunak?

Relations between the UK and the EU have become slightly more cordial since Mr Sunak became prime minister in October.

On 31 January 2023, The Times reported the EU has accepted a plan to avoid routine checks on goods going into Northern Ireland which will involve a green lane for goods from Great Britain that are staying in the region and a red lane to check and control products going on to Ireland and the rest of the EU.

However, a Foreign Office source suggested the report was speculative and officials were engaged in “intensive scoping talks” with Brussels.

Ms von der Leyen rubbished the claims and said “everything is negotiated at the very end” but they were “very constructive talks”.

On 16 February, Mr Sunak travelled to Belfast to meet Stormont leaders amid growing speculation that a Brexit deal is edging closer.

However, senior figures within the DUP and the European Research Group of the Tory party have warned that any deal must remove the oversight of the European Court of Justice (ECJ) in Northern Ireland as well as dealing with trading difficulties.

While it is understood the EU and UK are close to signing off a deal that would reduce protocol red tape on the movement of goods from Great Britain to Northern Ireland, there is no expectation that Brussels is willing to agree to end the application of EU law in the region.

The EU contends that a fundamental plank of the protocol – namely that Northern Ireland traders can sell freely into the European single market – is dependent on the operation of EU rules in the region.

What do the unionists think of the protocol?

All three unionist parties – the DUP, Ulster Unionist Party and Traditional Unionist Voice – are very much opposed as they argue the Irish Sea border threatens Northern Ireland’s place in the United Kingdom.

The DUP’s Paul Givan resigned as first minister over the matter in February 2022.

Current DUP leader Sir Jeffrey Donaldson said before the elections that his party would not re-enter the Stormont Executive – which requires the support of both nationalists and unionists to function – until Westminster acts to “protect Northern Ireland within the United Kingdom”.

The DUP has set out seven tests it says must be met before it supports any new deal on the protocol.

They include: no new checks on goods between GB and NI, compatibility with the Act of Union (all part of the UK should be on equal trade footing), avoiding any diversion of trade where NI customers have to switch to non-GB suppliers, no Irish Sea border, NI citizens to have a role in any new regulations that impact them, no new regulatory barriers between GB and NI unless agreed by NI Assembly, honouring the “letter and spirit” of NI’s constitutional position by requiring upfront consent of any diminution in constitutional status.

The party said it will only enter into a power-sharing government if other parties agree the protocol must be removed or replaced.

He has claimed the protocol has led to higher prices than in the rest of the UK, particularly for dairy products and chilled convenience foods.

What do nationalists think of the protocol?

The two main nationalist parties, Sinn Fein and the SDLP, back the protocol.

Sinn Fein is in favour of the protocol as it prevents a hard border on the island of Ireland, and they want the island to be one nation.

Its vice-president Michelle O’Neill, who is set to become first minister if a power-sharing deal can be reached, said it is also a “mitigation against Brexit”.

With Sinn Fein becoming the largest party in Stormont, nationalist views are likely to be bolstered on either side of the Irish border which could mean further resistance to changes to the protocol.

Can Northern Irish parties do anything about the protocol?

The Assembly can vote on whether to continue with the protocol in 2024, but would require cross-community support to extend the deal by eight years.

With the unionists very much opposed, this seems unlikely at the moment.

However, a simple majority vote in favour could extend the arrangement for a minimum of four years.

What is Article 16?

Article 16 is a clause intended to be used when the protocol is leading to serious “economic, societal or environmental difficulties that are liable to persist, or to diversion of trade”.

It allows either the UK or the EU to act unilaterally to suspend parts of the Brexit treaty to avoid such difficulties.

Invoking the article is considered a last resort when the parties have been unable to agree a joint approach to solving the problems.

The UK has raised the prospect of triggering Article 16 in the past, something Brussels has warned would “lead to instability and unpredictability”.

Any such move could prompt the EU to respond with retaliatory measures such as imposing import taxes on some areas of trade.

What is the Northern Ireland Protocol bill?

In May 2022. the government of then-PM Boris Johnson laid out plans to override the protocol with new legislation – and without the use of Article 16, citing the need to respond to the “very grave and serious situation” around Northern Ireland trade.

Then-foreign secretary Liz Truss said the bill would preserve elements of the protocol that are working, while fixing those that are not – the movement of goods, goods regulation, VAT, subsidy control and governance – in a way Article 16 cannot.

EU officials threatened legal action, with many others accusing the bill of breaking international law.

The UK government was leaning on a legal loophole called the “doctrine of necessity”, and claimed it could pass the bill because it faced “grave and imminent peril” as a result of the protocol.

However, Mr Sunak paused progress of the bill through parliament in December 2022 as efforts to secure a negotiated settlement with the EU ramped up.

World

Shein investigates after likeness of accused killer Luigi Mangione used to model shirt on fashion giant’s website

Published

12 hours ago

September 3, 2025

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Shein investigates after likeness of accused killer Luigi Mangione used to model shirt on fashion giant's website

Fashion giant Shein has opened an investigation after a shirt was advertised on its site, modelled by a man bearing a striking resemblance to Luigi Mangione, who is accused of murdering a US healthcare chief executive.

The image with Mangione’s likeness, wearing a white, short-sleeved shirt, has since been taken down.

Shein, one of the world’s biggest fast fashion retailers, told Sky News: “The image in question was provided by a third-party vendor and was removed immediately upon discovery.

“We have stringent standards for all listings on our platform. We are conducting a thorough investigation, strengthening our monitoring processes, and will take appropriate action against the vendor in line with our policies.”

The listing was taken down on Wednesday afternoon, according to reports.

As news of the image spread across social media on Tuesday, and ‘Luigi Mangione Shein’ reportedly began trending, many speculated that the picture had been created by AI or photo-shopped.

Some supporters of Mangione accused Shein of using his likeness, while his critics have also described using the photo as a new low.

Mangione, 27, is facing trial for fatally shooting UnitedHealth’s insurance CEO, Brian Thompson, outside a New York City hotel in December.

Mr Thompson, 50, was shot dead as he walked to a Manhattan hotel where the company, the largest private health insurance firm in the US, was hosting an investor conference.

Mangione denies the state and federal charges against him, including first-degree murder “in furtherance of an act of terrorism”, two counts of second-degree murder, two counts of stalking and a firearms offence.

Prosecutors are seeking the death penalty if he is convicted, saying Mangione targeted Mr Thompson and that he “presents a future danger because he expressed an intent to target an entire industry, and rally political and social opposition to that industry, by engaging in an act of lethal violence”.

After the killing, Mangione was portrayed as a folk hero by some of those opposed to the US healthcare system.

Rallies took place outside court during his appearances and some supporters pledged funds to his defence.

Shein, founded in China in 2012, has built its global reputation on inexpensive, fast-moving fashion trends that attract Gen Z and younger millennials. Its products are shipped to more than 100 countries.

In January, a senior company lawyer was unable to say if the company sells products containing cotton from Xinjiang, the region of China where it’s alleged members of the Uyghur ethnic group are forced to work against their will, accusations China denies.

Sky News has contacted Shein for comment.

World

At least 15 killed after Lisbon’s iconic Gloria funicular derails

Published

14 hours ago

September 3, 2025

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At least 15 killed after Lisbon's iconic Gloria funicular derails

At least 15 people have been killed and 18 are injured after the iconic Gloria funicular in Lisbon derailed and crashed, emergency services have said.

Five of the injured are in a serious condition, the National Institute for Medical Emergencies said in a statement.

Footage from the site showed the tram-like funicular, which is popular with tourists, practically destroyed and emergency workers pulling people out of the wreckage.

Authorities would not identify the victims or disclose their nationalities, but said some foreign nationals were among the dead.

The UK Foreign Office has said it is in touch with authorities in Lisbon and is ready to “provide consular assistance if there are any affected British nationals”.

Lisbon’s mayor Carlos Moedas has said there will be three days of mourning for the victims of the “tragic accident”.

He added: “I extend my heartfelt condolences to all the families and friends of the victims. Lisbon is in mourning.”

It is not immediately clear what caused the crash which happened at around 6pm – the start of evening rush hour.

Eyewitnesses told local media that the funicular careered down the hill, apparently out of control.

Images show how the yellow and white carriage fell apart as a result of the crash.

The Gloria, which can carry more than 40 people, is one of three funiculars in the Portuguese capital and is classified as a national monument.

It connects downtown Lisbon with the neighbourhood of Bairro Alto and is commonly used by both residents and tourists.

Two carriages attached to the same haulage cable run parallel to each other as they shuttle up and down the hill for a few hundred metres.

The second carriage was apparently undamaged, but footage aired by CNN Portugal showed it jolting violently, with several passengers jumping out of its windows, when the other one derailed.

Mr Moedas told the Portuguese news site Diario de Noticia: “It is a tragedy that has never happened in our city. The moment is for action and help. I thank you all for the response in a few minutes. The only thing I can say is that it is a very tragic day.”

It comes as Portugal’s President Marcelo Rebelo de Sousa has offered his condolences to families affected by the tragedy.

Meanwhile EU Commission president Ursula von der Leyen has written on X: “It is with sadness that I learned of the derailment of the famous ‘Elevador da Glória’. My condolences to the families of the victims.”

Portugal’s defence minister Nuno Melo said: “The accident in Lisbon with the Gloria elevator was a tragedy that caused strong commotion and consternation in Portugal and in the world… I express all my solidarity and offer heartfelt condolences to the families of the victims, wishing a speedy recovery to the injured.”

An investigation into the cause will begin once the rescue operation is over, the Portuguese government said in a statement.

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World

Nuclear power, cyber troops and robot wolves – China’s army of the future on full display

Published

21 hours ago

September 3, 2025

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Nuclear power, cyber troops and robot wolves - China's army of the future on full display

China’s status as a military superpower was on full display as Beijing marked the 80th anniversary of the end of the Second World War.

Tens of thousands of troops, tanks and armoured vehicles moved through Tiananmen Square on Wednesday, along with a fearsome array of missiles. Fighter jets soared overhead.

While ostensibly a day to mark the decades since the end of the world’s biggest war, it’s clear that Xi Jinping was looking towards the future in the message he sent to the West.

“They want to advertise to the world that they’re doing old and new,” military analyst Michael Clarke told Sky News. “So they were showing the enormity of what they’ve got in in traditional terms, but also some of the new things.”

Indeed, the event featured many weapons and equipment that had never been seen in public before.

In this story, Sky News looks at what units and military hardware were on display in the Chinese capital.

Land forces

Huge numbers of soldiers from various wings of China’s armed forces made up the bulk of the parade, marching in perfect lockstep in neat rows.

As well as the traditional elements from the army and navy, the procession also featured newer pieces like the cyberspace unit.

The new unit is in charge of cybersecurity defence measures, the Xinhua state news agency says, and also took part in live-fire drills.

Another new unit was the information support force, which was created in 2024 to build network information systems to support military combat readiness.

Nuclear triad on display for the first time

Also rolling through the square were an array of missiles, including those that form China’s strategic nuclear capability.

For the first time, Beijing unveiled its nuclear triad of air, land and sea-based missiles.

This included the JL-1 air-based long-range missile, JL-3 submarine-launched intercontinental missile, DF-61 land-based intercontinental missile, and the new type DF-31 land-based intercontinental missile.

The weapons are China’s strategic “ace” power to safeguard the country’s sovereignty and nation’s dignity, according to Xinhua.

China is one of four countries known to possess a nuclear triad, along with the US, Russia and India.

Other missiles on display included hypersonic anti-ship missiles that China has previously tested against mockups of US aircraft carriers, such as the Yingji-19, Yingji-17 and Yingji-20.

“These are designed to frighten the United States,” Mr Clarke says, with reference to the Pacific Ocean where US warships patrol from their 7th Fleet headquarters in Japan.

Drones and robot wolves

China also put a number of its unmanned weapon systems on display, evidence of the changing nature of modern warfare.

Arguably the most interesting were the so-called ‘robot wolves’.

There were also underwater drones such as the AJX002, a long, black tube-shaped craft that looks like a narrow submarine with a rear propeller.

The military also showed off unmanned helicopters that are designed to be launched from ships.

Like other militaries, China has also been developing laser weapons to defend against drone attacks – one of which was on display today as well.

As attack drones get more advanced – and numerous – a counter drive to develop cheaper ways of shooting them down is ongoing.

“The one that they kept under wraps was this laser gun,” Mr Clarke said. “It was all under tarpaulin in the rehearsals – and suddenly there it was. It was like a big searchlight on a vehicle.

“Laser guns, despite James Bond films, are not quite as ground-breaking as people think, but there it was: a new laser gun.”

Air force

Beijing has developed a number of advanced aircraft in recent years, and several of them were on display on Wednesday.

Soaring above the parade were China’s two fifth-generation fighter jets, the Chengdu J-20 and Shenyang J-35A.

Both have stealth capabilities and are designed to try to rival the US air force’s F-35 jet.

China has two of the five fifth-generation fighter jets currently known to operate globally. The others are the American F-35 (also operated by the UK and other allies) and F-22, as well as the Russian Su-57.

China showing off its range – and numbers

“What they’re showing here is that they’ve got a full panoply of weapons systems,” Mr Clarke says, pointing to the various land, sea and air assets.

“Whether they can link them together in combined arms warfare, we don’t know, because they haven’t fought a major war since the 1950s… but on paper it’s extremely impressive.”

He added: “It’s not as big as the American military yet, but it certainly rivals it. And it certainly worries American military planners.”