Northern Ireland Protocol: Rishi Sunak has so far kept his Brexit talks trump card under wraps – this is what could be in the deal and why it could face trouble ahead
Enemies are circling, Brexiteers are already pronouncing it dead, and the DUP are warning it undermines the Union.
But as opponents line up to try and assassinate Rishi Sunak’s forthcoming deal with Brussels to rework Northern Ireland’s post-Brexit future, Sky News can reveal that Number 10 is yet to play its trump card.
Despite weeks of headlines and column inches about the talks, Downing Street has so far kept under wraps what some believe is perhaps the biggest negotiation win.
Far from giving ground to the EU, they think they have turned the tables and forced a concession.
In short, Westminster will set VAT rates, taxation and state aid policy in Northern Ireland, not Brussels.
Mr Sunak has made addressing the disparity over VAT a priority ever since his last budget as chancellor, when Northern Ireland could not benefit from his decision to slash the tax on solar panels and other energy efficient purchases elsewhere in the UK because it must follow EU single market rules.
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Downing Street is unwilling to reveal any change is coming publicly, insisting that “intensive” negotiations are still under way, giving them nothing yet to announce.
However, Sky News understands that the concession by Brussels is likely to feature at the heart of the reform package.
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Some MPs have been alerted to the likely inclusion of this change, it is welcomed privately by senior DUP figures, and it is understood to be one of the three major changes at the heart of the Sunak deal with Brussels. The DUP’s only reservation is that they want to see the legal text to check the concession is as described.
It is not clear, however, whether it will be enough.
After months of official negotiations, what some see as basic errors – and an information vacuum – may have allowed too much of a head of steam to build up behind the opposition.
As a result, it is now unclear whether the changes hammered out with Brussels since December will ever be implemented.
Mr Sunak is facing splits amongst key allies over how and whether to proceed, with warnings that he’s not strong enough to face down his party and growing anxiety in Brussels that the first prime minister they have trusted since Brexit may be about to let them down.
The next few days could end up being the most consequential of his premiership.
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1:07
‘Collapse of Good Friday Agreement absolute catastrophe’
What is in the forthcoming deal?
The patchwork of measures and agreements to change the Northern Ireland Protocol have been prepared in utmost secrecy.
Taken together, those involved say it required the EU to change its negotiating mandate and agree to alter the text of the Protocol – something Brussels said was not possible during the premierships of Boris Johnson and Liz Truss.
Under the Sunak proposals, three key changes to that arrangement are likely to be agreed.
The first has been well trailed: businesses that have signed up to a “trusted trader scheme” will be allowed to avoid all checks when moving goods from the GB mainland to Northern Ireland.
In exchange, the EU will be able to access “real-time” UK data on trade flows across the Irish Sea. The handful of companies who are not signed up to the trusted trader scheme would have to continue labelling and filling in paperwork as at present.
The second – known as the “Stormont Lock”, first mentioned in The Sunday Times – is designed to go some way towards addressing concerns that Northern Ireland will remain subject to EU single market rules under the jurisdiction of the European Court of Justice as the price of avoiding border checks between the North and the Republic.
It is very complicated, but essentially it will give Northern Ireland some of the rights also enjoyed by Norway – which is also out of the EU but in the single market, so it has a say on the rules being imposed by Brussels.
Under the terms of the proposed deal, the EU will have to give the UK notice of future EU regulations intended for Northern Ireland. The Joint Ministerial Committee will then be able to lodge an objection, which may then result in the EU voluntarily choosing to disapply the regulation in Northern Ireland.
Alternatively, the Speaker of the Stormont Assembly could put the issue to a vote, which could delay when the forthcoming regulation comes into force. If the EU decides to take legal action because of a failure to implement the rule, then a Northern Ireland court would have to rule on the issue first, resulting in further delays.
This movement is likely to be welcomed by some. But this is arguably the biggest area of compromise for Brexiteers and unionists, since it does not give the outright veto on future EU regulations, which is something the DUP want.
The third change is the one revealed at the start of this article: that control of the so-called level playing field of measures, like VAT rates and state subsidy policy, will revert to Westminster. For constitutionalists, this will be seen as an important change.
Almost complete for some time, according to sources, none of this package has been formally briefed to the parties or the public.
Number 10 insists that negotiations are live, but other government sources suggest there is almost no activity still going on, and the principles of the agreement are settled even if there is some haggling on wording still to do.
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PM ‘won’t sell anyone out’
How the deal was done
Mr Sunak came into office wanting to establish a reputation for sorting out problems, particularly the poor relations with the EU and – to a lesser extent the US – over Brexit.
The PM wanted to ensure President Biden turns up in Northern Ireland for the 25th anniversary of the Good Friday Agreement this Easter, meaning he needed to do a deal to ensure the Stormont Assembly was back up and running by then.
For this to happen, the PM needed the DUP to agree to a deal on the Protocol, and then go back into powersharing with Sinn Fein in order to form a government.
So, one key objective throughout these negotiations has been for Mr Sunak to get the hardline unionists on board. It was always a tall order, but it was one he chose to attempt. But it is on precisely this issue that Number 10 took an extraordinary – and some think reckless – gamble.
Despite needing the DUP onside, they decided not to talk to them personally. They decided that they did not want them involved in any way in the negotiations or feeding in thoughts, fearing this would make the talks unmanageable, so they were shut out.
Senior DUP sources tell me there were “no backchannels” to try and scope out what they needed, which they said was a contrast even from the Theresa May era.
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7:32
Sunak and Starmer clash over Protocol
Instead, the UK negotiating team were told to look up the DUP’s seven tests for a Northern Ireland Protocol replacement – which feature prominently on their website and in speeches by leader Sir Jeffrey Donaldson – and find a solution to each one. One insider described it as the “spreadsheet approach” to the issue.
“We assumed that if you solve the problems in the seven tests, the DUP would be on board. That was certainly the presumption all the way along,” said one government source.
Then in an extraordinary moment three weeks ago, government sources started briefing the newspapers that the deal had successfully answered every one of the DUP’s tests, but without offering an explanation of how or why.
This entire approach flabbergasted the DUP. The tests were drawn up 18 months ago, in another political environment. They range from the broad – number four is “Giving NI people a say in their laws” – to the specific, such as number five, which states “No checks on goods between GB/NI”.
They were devised after conversations with the Johnson government, and were not designed to have a binary answer. Whether the tests were met was to be judged by the DUP alone.
Yet now the government was briefing journalists that the DUP’s concerns had been soothed, and their objections dealt with, without even telling them how.
“These tests weren’t designed to be used in that way”, said one senior DUP member. “If we’d known they were going to assume this level of importance we would have rewritten them and sharpened them”, they said.
Meanwhile, the DUP baulking at the tests has caused huge anger in government. Privately, some accuse the party of game playing and moving the goal posts. The DUP retort that if the goal was to get them on side, they should have opened a dialogue with them in person.
This move worsened the politics, although both sides also acknowledge that however badly Number 10 may have handled this, there was perhaps no deal ever to be made that satisfied both the DUP and the EU.
The trouble is, Downing Street only now appears to be grappling with this outcome afresh, with Brexiteers rowing in behind the DUP to make clear they are going to oppose the deal outlined.
So what next?
It is unclear how the prime minister will proceed. He has three options: press ahead, fully renegotiate or abandon his plan.
If he presses forward in the face of DUP and ERG opposition, he could face trench warfare in the Commons, whether or not any deal is put to a vote.
Mr Sunak would try to become the first Tory PM since 2010 to take on the Eurosceptics and not lose – as David Cameron did ultimately in 2016, then Theresa May did in 2019.
Alternatively, Mr Sunak could fully resume the negotiations, which despite the rhetoric, are mostly on pause at the moment.
However, the EU is unlikely to give more, and cannot bow to the DUP demand that Northern Ireland is no longer bound by future EU rules – for fear of destabilising member states and Norway, which is also in the single market but not the EU.
Or Mr Sunak could abandon the reforms, which would make clear the limits of his power and raise questions about whether he was running a “zombie” regime locked in coalition with truculent and weary Tory MPs.
If he does not do a deal, he will also have to decide whether to press ahead with the Northern Ireland Protocol Bill, which would give the UK government unilateral power to rip up the Northern Ireland section of the original Brexit treaty.
Sky News understands that this is facing 90 amendments in the House of Lords, meaning that it is all but impossible to get through without resorting to the Parliament Act – the legislative nuclear option to override a veto by peers.
It is understood the PM is arguing against this in sessions with MPs, suggesting that a bitter parliamentary fight over the passage of the bill would reduce leverage with the EU rather than increase it as the ERG claim.
Mr Sunak has no easy options.
Once he is done with this, the next fight will be over legislation on migration, which some Tories believe will fail unless it goes further than is permitted by the European Convention on Human Rights – something that would enrage the EU all over again. The parade of Tory MPs raising this issue today in PMQs alone made clear the scale of the fight on that.
Meanwhile, within weeks, the privileges committee inquiry into whether former PM Boris Johnson lied at the despatch box will begin, with televised hearings raking over the wounds of one of the most painful episodes of recent Tory history.
The prime minister may have calmed things down, but there are toxic challenges ahead. Can he prove he’s not running a lame duck administration, or will it get worse?
The presumption in Westminster is the next general election will take place in the back half of next year.
But it only takes 37 Tory MPs to defy the PM and vote in a confidence vote alongside the opposition to trigger an election. Could things get that heated?
In the courtyard of a farmhouse now home to soldiers of the Ukrainian army’s 47th mechanised brigade, I’m introduced to a weary-looking unit by their commander Captain Oleksandr “Sasha” Shyrshyn.
We are about 10km from the border with Russia, and beyond it lies the Kursk region Ukraine invaded in the summer – and where this battalion is now fighting.
The 47th is a crack fighting assault unit.
They’ve been brought to this area from the fierce battles in the country’s eastern Donbas region to bolster Ukrainian forces already here.
Captain Shyrshyn explains that among the many shortages the military has to deal with, the lack of infantry is becoming a critical problem.
Sasha is just 30 years old, but he is worldly-wise. He used to run an organisation helping children in the country’s east before donning his uniform and going to war.
He is famous in Ukraine and is regarded as one of the country’s top field commanders, who isn’t afraid to express his views on the war and how it’s being waged.
His nom de guerre is ‘Genius’, a nickname given to him by his men.
‘Don’t worry, it’s not a minefield’
Sasha invited me to see one of the American Bradley fighting vehicles his unit uses.
We walk down a muddy lane before he says it’s best to go cross-country.
“We can go that way, don’t worry it’s not a minefield,” he jokes.
He leads us across a muddy field and into a forest where the vehicle is hidden from Russian surveillance drones that try to hunt both American vehicles and commanders.
Sasha shows me a picture of the house they had been staying in only days before – it was now completely destroyed after a missile strike.
Fortunately, neither he, nor any of his men, were there at the time.
“They target commanders,” he says with a smirk.
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It takes me a moment or two to realise we are only a few steps away from the Bradley, dug in and well hidden beneath the trees.
Sasha tells me the Bradley is the finest vehicle he has ever used.
A vehicle so good, he says, it’s keeping the Ukrainian army going in the face of Russia’s overwhelming numbers of soldiers.
He explains: “Almost all our work on the battlefield is cooperation infantry with the Bradley. So we use it for evacuations, for moving people from one place to another, as well as for fire-covering.
“This vehicle is very safe and has very good characteristics.”
Billions of dollars in military aid has been given to Ukraine by the United States, and this vehicle is one of the most valuable assets the US has provided.
Ukraine is running low on men to fight, and the weaponry it has is not enough, especially if it can’t fire long-range missiles into Russia itself – which it is currently not allowed to do.
Sasha says: “We have a lack of weapons, we have a lack of artillery, we have a lack of infantry, and as the world doesn’t care about justice, and they don’t want to finish the war by our win, they are afraid of Russia.
“I’m sorry but they’re scared, they’re scared, and it’s not the right way.”
Like pretty much everyone in Ukraine, Sasha is waiting to see what the US election result will mean for his country.
He is sceptical about a deal with Russia.
“Our enemy only understands the language of power. And you cannot finish the war in 24 hours, or during the year without hard decisions, without a fight, so it’s impossible. It’s just talking without results,” he tells me.
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These men expect the fierce battles inside Kursk to intensify in the coming days.
Indeed, alongside the main supply route into Kursk, workers are already building new defensive positions – unfurling miles of razor wire and digging bunkers for the Ukrainian army if it finds itself in retreat.
Sasha and his men are realistic about support fatigue from the outside world but will keep fighting to the last if they have to.
“I understand this is only our problem, it’s only our issue, and we have to fight this battle, like we have to defend ourselves, it’s our responsibility,” Sasha said.
But he points out everyone should realise just how critical this moment in time is.
“If we look at it widely, we have to understand that us losing will be not only our problem, but it will be for all the world.”
Stuart Ramsay reports from northeastern Ukraine with camera operator Toby Nash, and producers Dominique Van Heerden, Azad Safarov, and Nick Davenport.
The adverse weather could lead to total insured losses of more than €4bn (£3.33bn), according to credit rating agency Morningstar DBRS.
Much of the claims are expected to be covered by the Spanish government’s insurance pool, the agency said, but insurance premiums are likely to increase.
A necklace believed to contain jewels from the infamous Marie Antoinette “Affair of the Diamond Necklace” has been sold for £3.7m.
Set with nearly 500 diamonds and weighing about 300 carats, it smashed price expectations at a Sotheby’s auction in Geneva.
The Marchioness of Anglesey wore it at Queen Elizabeth II’s coronation in 1953, and it was also worn 16 years earlier at King George VI’s crowning.
However, the link to Marie Antoinette, the last queen of France, may have been the most intriguing selling point for the mystery buyer.
Some of the jewels are believed to have been at the centre of the Affair of the Diamond Necklace – a scandal which is said to have paved the way for Antoinette’s eventual downfall.
The scandal erupted when a hard-up noblewoman, Jeanne de la Motte, pretended to be the queen and acquired a hugely expensive necklace in her name without paying.
Antoinette, who was accused of having a hand in the scam, was acquitted in a trial. But the affair discredited her further in the eyes of the French people – among whom she was already deeply unpopular.
Her reputation never recovered, her public appearances all but ceased, and the number of pamphlets containing malicious gossip about her increased.
It also added to her reputation for extravagance that helped fuel the French Revolution – with the queen beheaded in 1793.
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Jewels from the original necklace – which contained nearly 650 diamonds and weighed almost 2,800 carats – were later sold on the black market, making them hard to trace.
However, a Bond Street jeweller testified at the time that he bought about 350 of them for just over £10,000, according to Sotheby’s.
Experts say the quality and age of the diamonds in the necklace sold on Wednesday point to a match.
“It’s likely or possible that some of these diamonds may have come from the famous diamond necklace that led to the downfall of Marie Antoinette,” said Jessica Wyndham, Sotheby’s head of magnificent jewels.
The Georgian-era piece measures 67cm and hadn’t been seen in public for 50 years before it came up for sale.
Its final sale price of over 4.2 million Swiss francs was double its pre-auction valuation.