The Draft Withdrawal Agreement and the Hard Border — Who’s saying what?

John Rogan
10 min readDec 11, 2018

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Here is what I hope will be a useful follow up to my Brexit, the Hard Border and the Good Friday Agreement — a compendium of links.

With the publication of the Draft Withdrawal Agreement between the UK Government and the EU Commission there has been a variety of reactions to it. I’ll concern myself here with what has been said about the border between Northern Ireland and Ireland. As with the above post, I’ll try and cover as wide a variety of views as possible — UK and Northern Irish political parties, trade unions, business, Brexiters and Lexiters alongside various commentators. Anything important or interesting, please let me know via Twitter or add to the comments.

By the way, I’m not impartial. I’d prefer to Remain but, in the absence of that option, the softest Brexit possible (Norway Plus) appears to me the only acceptable Brexit which ensures no hard border either north/south or east/west.

All Cake Brexit unicorn options which put forward “exact same benefits” outside of the single market and customs union should now be condemned as irresponsible lying at this stage. Or “bollocks” as Barry Gardiner MP once said.

  1. UK Government and EU Commission.
  2. UK Labour Party.
  3. Northern Irish political parties.
  4. Northern Irish Trade Union Movement.
  5. Northern Irish business.
  6. Brexiters.
  7. Lexiters.

8. Experts.

9. Media.

1. UK Government and EU Commission.

On 14 November, the Draft Withdrawal Agreement between the UK Government and the EU Commission was published.

Under pressure from the House of Commons, on 5 December the Government published “Attorney General’s Legal Advice to Cabinet on the Withdrawal Agreement and the Protocol on Ireland/Northern Ireland.”

A section on the potential economic benefits to Northern Irish business to the detriment of Ireland was highlighted. Senator Neale Richmond (Fine Gael. Chair of Senaed Brexit committee) agreed.

Exiting the EU Committee. (24 Oct 2018) oral evidence with the emphasis on Northern Ireland.

There were discussions on no deal Brexit planning here including this.

Steve Barclay MP (Secretary of State for Exiting the EU) and Oliver Robbins. Exiting the EU Committee transcript. 3 December 2018.

Public Accounts Committee letter to HMRC (5 Dec 2018).

2. UK Labour Party.

Keir Starmer MP (Shadow Secretary of State for Exiting the EU) – “Senior Labour figures say PM was right to reject EU’s Northern Ireland Brexit proposals”. (2 March 2018)

Keir Starmer backed the Prime Minister in her rejection of Northern Ireland being treated differently to the rest of the UK. Unfortunately, his solution was Labour’s unachievable “new customs union with the EU and a strong single market relationship”. The same idea Jeremy Corbyn wrote about in the Guardian on 6 December 2018 (see below).

Barry Gardiner MP (Shadow Trade Secretary) – “Good Friday deal ‘played up’ for economic reasons”. (9 April 2018)

In a private meeting in April, Barry Gardiner said the Good Friday Agreement was a “shibboleth”, that Ireland was playing up the GFA for economic reasons and that Labour’s “six tests” were “bollocks” as the Party knew “very well we cannot have the exact same benefits”. After initially denying the comments (until a recording emerged), Mr Gardiner apologised for the “shibboleth” remark and also for (imo, refreshingly honest) “bollocks” viewpoint on Labour’s Brexit policy.

Jeremy Corbyn MP (Leader of the Opposition) “Labour could do a better Brexit deal.” (6 Dec 2018)

Jeremy Corbyn wrote a column setting out Labour’s alternative to the Govt/EU deal. Unfortunately, his “Brexit Plan” is a deliberate cynical lie.

The EU will not allow a non-member to have any say when they negotiate trade deals, a Customs Union on its own would not stop a hard border on the island of Ireland and it is not possible to have “a new and strong relationship with the single market that gives us frictionless trade” outside of the single market. Labour say they want the “exact same benefits” of the single market while ending freedom of movement. As Barry Gardiner said, in his moment of truth, it’s “bollocks”.

Jonathan Freedland wrote a comprehensive rebuttal to this (“It’s crunch time for Labour. Empty posturing on Brexit will no longer do.”) the next day. I suspect (and I won’t be the only one) that the “Brexit Plan” column was written by Seumas Milne for the “pretty disengaged” Jeremy Corbyn to dupe people into believing that a) Labour has a viable alternative and b) Mr Corbyn *really* believes that “all options are on the table” when it comes to the People’s Vote.

While there is no doubt some debate at the top of Labour over PV, the Leader of the Opposition showed his true feelings in an interview with Channel 4 News on 11 November. When he was asked, “Jo Johnson, he wants another vote. Would you ever see yourself agreeing with a Conservative like that?”, Mr Corbyn replied, “Not really no. The referendum took place.”

As for whether or not it’s possible to not have a hard border outside of the single market and customs union, this was covered here- “Would staying in a customs union after Brexit avoid a hard border with Ireland?” (Gavin Barrett. Professor at the Sutherland School of Law, University College Dublin. 1 March 2018).

3. Northern Ireland Political Parties.

Welcome to the topsy-turvy world of Brexit political realignment. Quite possibly, for the first time ever, the DUP said something positive about (Irish Republican sympathiser) Jeremy Corbyn. A strange alliance where the DUP hope to use Labour to replace PM May with someone like Boris Johnson and Labour want the DUP’s aid in forcing a General Election. Alongside the DUP, fellow their fellow Unionists of the UUP also oppose the Withdrawal Agreement.

Meanwhile, Sinn Féin backs the Withdrawal Agreement (along with fellow Remainers, the SDLP, Alliance Party and Green Party NI).

With the postponement of the House of Commons vote on 11 December, the latter four put out a statement.

Democratic Unionist Party.

Nigel Dodds MP. (28 Nov 2018) “Analysis of Withdrawal Agreement reinforces opposition to it”

Arlene Foster MLA ( Leader DUP) Norway Style Deal (Guardian 25 Nov 2018).

Arlene Foster was part of the launch of “A Better Deal” on 12 Dec 2018.

Ulster Unionist Party.

The UUP oppose the Withdrawal Agreement. Leader Robin Swann MLA – “Economic and constitutional integrity of the UK is a ransom not worth paying for this Withdrawal Agreement”.

Sinn Féin.

Mary Lou McDonald TD (SF President). “Brexit agreement endorsed by EU leaders is the ‘least worst option’

Michelle O’Neill (SF Vice President) ‘Crunch time for Brexit’ – O’Neill

Social Democratic and Labour Party.

The SDLP support the Withdrawal Agreement and, as their leader Colum Eastwood MLA said here, wish to see it passed in Parliament.

Mr Eastwood was not happy at Jeremy Corbyn’s overtures to the DUP.

Alliance Party.

The Alliance Party support the Withdrawal Agreement. Stephen Parry (Brexit spokesman) wrote this article on 13 November putting out various options but saying backstop is needed as insurance.

Green Party (Northern Ireland).

The Green Party (NI) support the Withdrawal Agreement.

4. Trade Unions.

The all-Ireland ICTU are strongly Remain and propose, if there is to be a Brexit, the UK should stay in the single market and customs union as a whole to stop a hard border north/south and east/west. Nevertheless, while they don’t like the Withdrawal Agreement, they back it as an alternative to no deal Brexit.

Irish Congress of Trade Unions (ICTU).

“All-Ireland Trade Union movement’s response to the Draft Withdrawal Agreement negotiated between the EU and UK”

RTE reportICTU backs draft Brexit withdrawal agreement

The Irish News.Brexit backstop ‘should include Britain as well as north’”

5. Business.

All the main business bodies in Northern Ireland support the Withdrawal Agreement as an alternative to a chaotic no deal Brexit.

Guardian. “EU makes direct appeal to Northern Irish firms on Brexit backstop” (12 Oct 2018).

Sabine Weyand (Michel Barnier’s deputy) explained the benefits of the deal to Northern Ireland business leaders.

CBI (Northern Ireland).

“Ibec/CBI NI Joint Business Council joint statement.”

6. Brexiters.

European Research Group (ERG)

12 September 2018 Document — “The Border between Northern Ireland and the Republic of Ireland post-Brexit.”

18 November 2018 Document — “The Case against Chequers and the Draft Withdrawal Agreement in plain English.”

Brexit Central.

“A one-stop shop of recent must-read research on Brexit and the Withdrawal Agreement”

A useful compilation of Brexiter arguments against the Withdrawal Agreement.

7. Lexiters.

Morning Star (22 Nov 2018). “Theresa through the looking glass or a People’s Brexit?”

The Morning Star opposes the Withdrawal Agreement. Reflecting the thinking of the Communist Party of Britain, it holds to the quaint belief that difficulties for German car manufacturers and Irish beef exporters will force the EU to give us a good deal. A Lexiter variant of David Davis’s the UK’s “we hold all the cards”.

Communist Party of Ireland. “Brexit and “backstops” – Difficulties for the EU continue to intensify”. (7 Nov 2018)

The CPI continue to propose Irexit as a solution.

Socialist Party (Northern Ireland). Brexit and the Irish Border: A Warning to the Workers’ Movement”.

The SPNI oppose the backstop and also oppose the hardening of a border north/south or east/west but offer no realistic solutions. They believe the threat of a no deal Brexit hardening of the border has been exaggerated.

SPNI support Brexit no matter the consequences. Their proposal for dealing with very real Brexit problems is an unachievable, fantasy conference.

8. Experts.

Katy Hayward.

One of the authors of the EU Parliament’s papers on the Good Friday Agreement and Brexit. She has linked to various papers here on Twitter.

Lars Karlsson.

Author of the EU Parliament’s “Smart Border 2" which has been quoted by various Brexiters as having technological solutions to the hard border. See my Compendium of Links for more on this.

Smart Border 2.1 – How we can solve the Brexit Irish Border Challenge? The Missing Piece.

Twitter discussion on this

Hans Maessen (ERG adviser on Customs). Drive Through Borders.

Exiting the EU Committee. “The land border between Northern Ireland and Ireland”. Meetings over 13 and 14 November 2018 with contributions from Lars Karlsson and Hans Maessen respectively.

9. Media.

Tony Connelly (RTE Europe editor) 8 Dec “Brexit: How the backstop has brought the UK to boiling point.” Tweeted by Irish Deputy PM Simon Coveney.

Ben Lowry (Belfast Newsletter) 9 Dec 18. Brexit Vote article.

“In his weekly column, @BenLowry2 looks what could happen after next week’s Brexit vote,none of which look great from a unionist perspective. While the DUP wouldn’t admit it, staying fully in EU might be best constitutional outcome from pro Union viewpoint.”

Border Irish interview.

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