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EU says there will be no renegotiation of the Protocol, after UK suggests 'significant change'

The UK government has said that current arrangements “cannot go on”, despite progress made last month on some big issues.

LAST UPDATE | 21 Jul 2021

UK BREXIT MINISTER David Frost and Northern Ireland Secretary of State Brandon Lewis have issued a joint statement stating that the Northern Ireland protocol, agreed between the EU and UK after four years of negotiation, be renegotiated.

Brexit minister Frost told the House of Lords that the proposals will require a “significant change” of the Protocol, which is the set of post-Brexit trade rules in Northern Ireland.

“We cannot go on as we are,” he said today.

The Irish Government and the EU have come out to say that the Protocol will not be renegotiated, and said the joint committee negotiations needed to continue, which are part of the Brexit trade deal.

European Commission vice-president Maroš Šefčovič said: “We are ready to continue to seek creative solutions, within the framework of the Protocol, in the interest of all communities in Northern Ireland. However, we will not agree to a renegotiation of the Protocol.”

Ireland’s European Affairs Minister of State Thomas Byrne told Sky News that the EU would be “flexible, creative and constructive”, and said there’s “enough leeway” within the treaties and protocol to “move forward” post-Brexit trade in Northern Ireland.

What did the UK government say

In a statement to the House of Commons, Lewis said that there has been significant disruption as companies change supply change, as well as “societal disruption” at Easter.

“There has been significant disruption to East-West trade, a significant increase in trade on the island of Ireland as companies change supply chains and considerable disruption to everyday lives.”

He said that this warranted the UK Government’s use of Article 16 of the Northern Ireland Protocol – a nuclear option in the EU trade deal that cuts all arrangements. But said that although this was considered, it wouldn’t be used yet.

He suggested a “standstill period” on ongoing legal actions and processes, and continuing the operation of grace periods. 

Lewis namechecked difficulties going from Great Britain to Northern Ireland with medicines, pets, on the movements of live animals, plants, and seeds. The EU announced in June that it is working on changing its laws to continue the trade of medicines from Great Britain to Northern Ireland once that grace period ends.

The Northern Ireland Executive has estimated that from January to March this year,
the volume of checks represented approximately 20% of the EU total, and more
than any single EU Member State – despite Northern Ireland’s population of 1.8
million people being 0.5% of that of the EU as a whole.

Stephen Farry, Alliance Party MP, said that this proposal created more instability and uncertainty for Northern Ireland. Members of the DUP accused those criticising the announcement of representing the EU above their constituents; while SDLP MP Claire Hanna said that renegotiating the protocol would hamper businesses from prospering.

An ‘honesty box’ trading arrangement

The Financial Times reported today that Frost’s strategy seeks to eliminate most checks on goods travelling between Britain and Northern Ireland.

In a bid to deliver on that aim, the FT said Frost will push for an “honesty box” approach to allow companies in Great Britain that declare their goods are only destined for sale and use in Northern Ireland to skip border checks.

brexit PA Images PA Images

The document published by the UK Government, entitled ‘Northern Ireland protocol – next steps’, suggests creating “a full dual regulatory regime in Northern Ireland”.

Goods, whether manufactured or SPS goods, should be able to circulate within Northern Ireland if they meet either UK or EU rules, as determined by UK or EU regulators, and should be labelled accordingly.

“Of course, goods destined or produced for the EU Single Market would need to meet EU rules in full.”

The document also recognises “the significant efforts [by the EU] that have been put into considering responses to some specific issues, such as livestock movements, the movement of assistance dogs, and aspects of the issues we have faced on medicines”.

An announcement on these issues was made last month as part of the EU-UK Joint Committee on the Brexit trading agreements and their implementation.

The document also calls for the removal of the European Court of Justice and other EU institutions to enforce the provisions of the Protocol. Frost’s document calls this “most unusual”, and says that the same arrangements in the trade agreement should be in place for the protocol. 

“The UK refused to accept this in the negotiations on the Trade and Cooperation Agreement, and only agreed to it in the Protocol because of the very specific circumstances of that negotiation.”

The document also states: “This is why the current situation is not sustainable. The way the Protocol is working needs to change. That requires us to address the significant issues that the Protocol has caused, and to do so in a fundamental way.”

Fine Gael TD and spokesperson on European Affairs Neale Richmond said that Brexit was causing the problems in Northern Ireland, and not the protocol.

“This change of direction outlined by the British Government is both simplistic and disappointing,” he said.

“While the full paper will need to be examined more closely, we must remember that the Protocol was jointly negotiated by this British Government and the EU.

It is not a foreign construct, it is jointly owned by both and must be jointly implemented by both. There can be no room for unilateral actions or renegotiation of the Protocol.

Background

The Protocol was negotiated as part of Britain’s divorce from Brussels to avoid a hard border with Ireland, by effectively keeping Northern Ireland in the EU’s single market for goods.

But the introduction of checks on goods crossing the Irish Sea has angered Unionists, who have protested against it in recent months, arguing the Brexit arrangement has weakened Northern Ireland’s links with the rest of the UK.

The UK Government has argued that the checks and added red tape have caused trade between Britain and Northern Ireland to decline.

Ireland and the US listening closely

Separately, US State Department spokesman Ned Price told reporters it would be “watching” events in the UK.

He added: “As we’ve consistently said over time, we do support a close relationship between the United Kingdom and the European Union, and we encourage them to negotiate within the existing mechanisms when differences do arise.

“We’ve consistently said that we welcome the provisions in both the trade and cooperation agreement and the Northern Ireland Protocol between the UK and the European Union, which, importantly, help to protect the gains of the Belfast and Good Friday Agreement.”

embedded255438753 Frost is due to give a statement to peers on his proposed solutions for the Protocol

UK Prime Minister Boris Johnson used a phone call yesterday with his Dublin counterpart Micheál Martin to urge “pragmatism” in order to mend the issues being created by the post-Brexit terms.

The Taoiseach told Johnson that the proposals set to be announced in Westminster would be “carefully considered”, according to the Irish Government.

Martin also stressed that there was already a EU-UK framework for dealing with issues related to the Protocol.

The men had been due to meet in person in the UK, until Johnson was told to self-isolate after coming into close contact with Health Secretary Sajid Javid, who tested positive for coronavirus at the weekend.

Frost – who negotiated the UK’s split from the EU – told MPs on Monday that the UK Government was “keeping all options on the table” to resolve issues with the Protocol, including triggering Article 16, which would allow the unilateral overruling of the agreement.

With reporting from the Press Association.

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53 Comments
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    Mute speedy
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    Jul 21st 2021, 7:20 AM

    If the British side break the protocol to suit a few hardline unionists in the north then I hope the eu come down hard on them for breaking an international trade agreement and they are punished by extra tariffs.johnson,Cummings and frost will bring Britain back to the stone age

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    Mute Joe Johnson
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    Jul 21st 2021, 9:54 AM

    @speedy: Yes agree and their US trade deal is then history.

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    Mute Mark H
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    Jul 21st 2021, 10:34 AM

    @speedy: if they eliminate checks etc the UK will just become a back door to the EU. No way EU could agree to it. If UK want frictionless trade with the EU, you need to be in the EU. Johnson and his crew are just playing for the UK press… The big bad EU…. Actually it’s the petulant arrogant UK… But facts don’t matter to them.

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    Mute Diarmuid Hunt
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    Jul 21st 2021, 10:53 AM

    @Mark H: They don’t even have to be in the EU, just be part of the customs union, which was on offer to them while negotiating. Remember the Norway style deal that was talked of… yeah.

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    Mute iohanx
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    Jul 21st 2021, 1:54 PM

    @Mark H:

    To use a Wembley analogy, they’re trying to get in for free!

    83
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    Mute Niall O
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    Jul 21st 2021, 3:17 PM

    @Diarmuid Hunt: Or agree to have a mechanism where the standards will be the same or equivalent. Not the “let’s pretend that our standards are equivalent, even though we might deviate from EU standards”

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    Mute Barry Lynch
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    Jul 21st 2021, 3:46 PM

    @speedy: you forgot Lord Rees of the Moggs.

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    Mute James McErlain
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    Jul 21st 2021, 6:31 PM

    @speedy: Cummings?

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    Mute Gary Kearney
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    Jul 22nd 2021, 11:22 AM

    @Mark H: When have the facts ever mattered to any British Government.

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    Mute Mícheál
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    Jul 21st 2021, 8:08 AM

    wow is this for real .. how can any country any foreign trade minister sign an agreement with Great Britain in the knowledge that they will sign it and then change it to suit themselves, seriously who do these people think they are

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    Mute frank_66
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    Jul 21st 2021, 7:18 AM

    The uk starting to dictate to EU but I think they are wasting their time as the protocol is what they signed up for and the DUP campaigned hard for brexit

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    Mute Fr. Fintan Stack
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    Jul 21st 2021, 7:24 AM

    An “honesty box” ? Yeah, that should work out well.

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    Mute Jayne
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    Jul 21st 2021, 8:05 AM

    @Fr. Fintan Stack: Ha, yeah I laughed out loud at that part. What could possibly go wrong?!

    226
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    Mute David Van-Standen
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    Jul 21st 2021, 9:04 AM

    After years of waiting for the UK to reveal its frictionless technological solution to eliminate customs checks for goods entering Northern Ireland, we are presented with the honesty box!

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    Mute jerry slattery
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    Jul 21st 2021, 8:08 AM

    Breaking the protocol and putting the Good Friday agreement in danger will do them no favors on Capitol Hill .

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    Mute Hugh Mc Donnell
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    Jul 21st 2021, 7:48 AM

    The tories should have been honest in the very beginning with the electorate

    265
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    Mute Niall Lee
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    Jul 21st 2021, 2:53 PM

    @Hugh Mc Donnell: Tories honest…. That shouldn’t be in the one sentence

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    Mute Tony Gordon
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    Jul 21st 2021, 3:14 PM

    @Niall Lee: it’s called an oxymoron

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    Mute Francis Devenney
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    Jul 21st 2021, 9:56 AM

    They used to say “The sun never sets on the empire” I think that’s because even God wouldn’t trust them in the dark.

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    Mute Tony Gordon
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    Jul 21st 2021, 3:15 PM

    @Francis Devenney: or it’s because it never rose in the first place (still in the dark ages)

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    Mute Handsome McWonderful
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    Jul 21st 2021, 8:17 AM

    The Brits are at it again.

    266
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    Mute Fachtna Roe
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    Jul 21st 2021, 12:21 PM

    @Handsome McWonderful: Evidence in support:

    https://arethebritsatitagain.org/

    64
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    Mute Accidental Gentleman
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    Jul 21st 2021, 10:08 AM

    If Brexit has taught us anything, it is that the UK can’t be trusted to tell the truth.

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    Mute David Stapleton
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    Jul 21st 2021, 8:27 AM

    So the only way to make the protocol work is to ignore it and the agreement they signed up to.

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    Mute Darren McEneaney
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    Jul 21st 2021, 9:43 AM

    You’d swear they didn’t help write the thing with the way they’re carrying on

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    Mute Rochelle
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    Jul 21st 2021, 12:42 PM

    Honestly I think it’s just time to take a hard line with Britain, they haven’t approached negotiations in good faith since the outset and seem to think every agreement and promise they’ve made in the past can be broken as they please.

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    Mute Gary G
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    Jul 21st 2021, 10:15 AM

    A tinpot country run by a despot would have more integrity and competence than this lot. Only option now for the EU is hard retaliatory punitive tariffs which will paint these delinquants as the victims for ignoring the deal they made an international law treaty. This statement will be the malicious falsehood that they ever intended to honour or implement the protocol. England / UK is sinking down the toilet under that joke Johnson.

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    Mute Brian Kelly
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    Jul 21st 2021, 9:10 AM

    Really! An honesty box!? I wouldn’t trust the Brits as far as I could throw them!!! What a laugh…

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    Mute MrHammey12
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    Jul 21st 2021, 9:56 AM

    Oh hahaha let’s sign an honesty box with all the cocaine producing countries too!

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    Mute John Vectravi
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    Jul 21st 2021, 3:19 PM

    The NIP was a concession made to the UK by the EU. The UK made the argument that they would implement the checks when they formulated the agreement. All the EU has asked for is that the UK comply with their side of the agreement.
    Today it was stated in the UK parliament that UK suppliers are deciding not to export goods into NI because of the hassle of complying they can’t be bothered to do the necessary paperwork.
    NI are in a unique position that the protocol allows them to export goods into the EU and also into the UK without restrictions. Most UK companies would give their right arm to be able to do the same.
    So, where does the problem seem to be…… The DUP.

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    Mute The Mrs O’B
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    Jul 21st 2021, 1:23 PM

    They need to realise this is not like one of Boris’ revolving marriages – negotiated it, signed up for it – stuck with it -

    81
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    Mute SheepleDog
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    Jul 21st 2021, 11:48 AM

    Global warming, pandemic, age of online misinformation, asymmetric warfare, ransomware, rise of far-right…..and the English; was it ever thus!

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    Mute Irish big fellow
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    Jul 21st 2021, 3:02 PM

    UK should need to consult the dictionary to study the meaning of “honesty “ and then try and understand why other EU countries do not trust them in particular when Johnson is in charge.

    61
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    Mute David Lynch
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    Jul 21st 2021, 12:29 PM

    Wish someone would just tell them to feck off

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    Mute Adrian O'Donnell
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    Jul 21st 2021, 4:04 PM

    @David Lynch: we did, they only got three quarters of the message

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    Mute J Flood
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    Jul 21st 2021, 2:05 PM

    More of the same BS. How long did it take the UK to “negotiate” Brexit?

    60
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    Mute Pádraic Ó Braonáin
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    Jul 21st 2021, 2:29 PM

    Unbelievable arrogance!

    Any nation thinking of doing a trade deal with the UK (under this current government) should think hard and tread cautiously – better still – save yourselves a massive headache – just don’t do it.

    76
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    Mute
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    Jul 21st 2021, 4:22 PM

    U.K attempting to move the goalposts while the match is being played

    47
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    Mute Jim Doherty
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    Jul 21st 2021, 4:19 PM

    An ‘Honesty Box’…operated by the Tories? Hahahaha

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    Mute Josh Joyce
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    Jul 21st 2021, 2:11 PM

    Oven Ready

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    Mute Tom Halpin
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    Jul 21st 2021, 2:36 PM

    Oven ready turkey

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    Mute Bill Spill
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    Jul 21st 2021, 1:45 PM

    I wonder where ‘On the right side’ is? Poor dear.

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    Mute Gary G
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    Jul 21st 2021, 5:49 PM

    @Bill Spill: I hope he has realised that there is no point posting anymore, bar the odd you know who, nobody agrees with him, just laugh at him.

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    Mute Maria Clery-Breen
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    Jul 21st 2021, 2:12 PM

    Who the fook do they think they are ……
    Four years hundreds of thousands of wasted money and time !!M

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    Mute Joe Thorpe
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    Jul 21st 2021, 7:41 PM

    It’s time to collapse the agreement & go to WTO

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    Mute Mona Murphy
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    Jul 21st 2021, 9:06 PM

    @Joe Thorpe: how could anyone trust them in any agreement their goose is well and truly cooked

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    Mute Philip Mulville
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    Jul 21st 2021, 10:10 PM

    What a shower of eejits.

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    Mute Pj Browne
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    Jul 21st 2021, 7:13 PM

    The brits made a nuts of the negotiations and now they want to change it

    14
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    Mute Nigel Barlow
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    Jul 21st 2021, 11:25 PM

    borderless ireland because of the good Friday agreement. So stick a border in the northern part of the Irish Sea – drive a wedge between mainland uk and it’s sovereign country Northern Ireland to protect the good Friday agreement. Oh hold on that can’t be right can it? Guess it is …. Whilst everyone in Europe rejoices at getting one over on the uk the good Friday agreement will unravel. But not because of the uk. If I was frost I’d tell Northern Ireland we tried our best leave matters as they are and wait for the fun and games to start.

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    Mute Gary G
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    Jul 22nd 2021, 8:27 AM

    @Nigel Barlow: how about the Britain and HMG gives back the country they stole and pillaged back to its rightful owners.

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    Mute Nigel Barlow
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    Jul 23rd 2021, 1:26 AM

    @Gary G: quite welcome to It

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    Mute Gregory Casey
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    Sep 10th 2021, 9:12 AM

    That’s Feck with a ‘eU’

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    Mute Gary Kearney
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    Jul 22nd 2021, 11:31 AM

    What amazing is they continue to go this route after the G8 and the G20 meetings. Where they were clearly told by the rest of the world. Don’t even try and do this.
    Irish hory indeed world history has so many examples of the British and “Honesty”.
    Yet the expect everybody to agree with this.
    An agreement they insisted upon and agreed to, now they have changed their mind because of their own red tape, which they insisted upon.
    I expected them to pull some dirty tricks but nothing as simple minded as this.
    The laughable part is they are saying they got great trade deals from other countries and so far every one of them is worse than the present EU deal.
    The have not move the goalposts, they are trying to change the game and the rules as they go along. The rest of the world is sharpening their knives as the realise how weak the Uk government are.

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