The Brexit Backstop and Its Importance – By Reuters

By Alastair Macdonald

BRUSSELS – A "backstop" arrangement concerning the land border between Northern Ireland and the European Union is presenting significant challenges for British lawmakers in their efforts to support Prime Minister Theresa May’s Brexit agreement with the EU.

Understanding the Context and Importance

Both the UK and EU are keen to avoid a "hard border." This term refers to reinstating significant checks and controls along the 500-kilometer land border that runs between Northern Ireland and the Republic of Ireland. The Good Friday Agreement, established in 1998, effectively ended three decades of conflict over Northern Ireland’s status and eliminated barriers along the border. Any potential new checks resulting from Brexit have raised concerns about a resurgence of violence, particularly following a recent attack by an anti-British group.

What Is Being Proposed?

To address these concerns, Prime Minister May has proposed a special customs and trade arrangement with the EU that would ensure the absence of intrusive checks during a transition period of 20 to 44 months. This arrangement aims to maintain seamless borders between the UK and the EU.

What Are the Challenges?

The Irish government, with backing from the EU, insists on having a backup plan in case future trade negotiations fail. This is critical to ensuring that a hard border does not come into effect.

What Does This Backup Plan Entail?

Under the Withdrawal Agreement reached in November, the UK would stay in a customs union unless alternative arrangements to avoid a hard border are implemented. The EU had initially proposed that only Northern Ireland remain in its economic area. However, this was opposed by May and her parliamentary allies, who argued it could propel Northern Ireland toward unification with the Republic.

Why Are British Lawmakers Hesitant?

Many British lawmakers express discomfort with being tied to EU regulations and customs duties, which could hinder the UK from forging its own trade agreements and make it subject to EU legal oversight. May has urged the EU to establish a time limit for the backstop, possibly targeting 2021, but while some EU member states consider a deadline around 2025, this has been firmly rejected by Ireland and other EU leaders.

What Lies Ahead?

The situation remains uncertain, with little indication that May can change the significant parliamentary defeat her treaty previously faced. The EU has stated it is unwilling to renegotiate the withdrawal agreement or the backstop protocol, though it may revise the political declaration related to post-Brexit trade terms. Keeping the UK in a customs union could be a potential solution, but this is unlikely to be acceptable to May.

What if an Agreement is Not Reached?

If no compromises are made, the UK is set to leave the EU on March 29. Both Ireland and the UK have asserted that they do not plan to impose customs controls; however, the EU has warned that without a deal, a hard border will likely be reinstated.

Is Ireland in a Difficult Position?

Absolutely. Ireland’s EU partners are committed to supporting it and maintaining the backup plan, but they also wish to avert a no-deal scenario. If a no-deal situation arises, Ireland may struggle to keep its only EU land border with the UK open. Without checks for goods coming from Britain, Ireland could face scrutiny from the EU regarding whether its exports to the rest of the Union should continue to be exempt from inspections at its ports.