{"id":17473,"date":"2021-09-23T13:22:00","date_gmt":"2021-09-23T13:22:00","guid":{"rendered":"https:\/\/factcheckni.org\/?p=17473"},"modified":"2022-02-27T22:05:07","modified_gmt":"2022-02-27T22:05:07","slug":"does-the-northern-ireland-protocol-require-certain-aspects-of-eu-law-to-apply-in-northern-ireland-and-can-this-only-happen-if-they-are-incorporated-into-northern-ireland-law","status":"publish","type":"post","link":"https:\/\/factcheckni.org\/topics\/economy\/does-the-northern-ireland-protocol-require-certain-aspects-of-eu-law-to-apply-in-northern-ireland-and-can-this-only-happen-if-they-are-incorporated-into-northern-ireland-law\/","title":{"rendered":"Does the Northern Ireland protocol require certain aspects of EU law to apply in Northern Ireland and can this only happen if they are incorporated into Northern Ireland law?"},"content":{"rendered":"\n
Certain aspects of EU law do still apply in Northern Ireland as a result of the Protocol, but these do not have to be incorporated into Northern Ireland law to have effect. Section 7A of the European Union (Withdrawal) Act 2018 makes those EU laws applicable in Northern Ireland. Any future legislative changes that may be necessary to implement the Protocol, or related EU laws, could be made at Westminster if Stormont refused to act. Incorporation into Northern Ireland law is therefore not a requirement. <\/strong><\/p>\n\n\n\n Context<\/b><\/p>\n\n\n\n In a speech<\/a> delivered in La Mon Hotel on 9 September 2021, the DUP leader, Sir Jeffrey Donaldson, outlined the \u201csignificant and substantial changes\u201d to the Northern Ireland Protocol<\/a> that could meet the seven tests<\/a> set out by the party in July 2021. The fourth change states:<\/span><\/p>\n\n\n\n \u201cIn order to maintain the adherence of Northern Ireland to EU law as it evolves, there is a requirement for Northern Ireland Departments and the Northern Ireland Assembly to pass regulations to reflect decisions at an EU level\u2026 <\/span>The Northern Ireland protocol requires certain aspects of EU law to apply in Northern Ireland but this can only happen if they are incorporated into Northern Ireland law.\u201d<\/b><\/p>\n\n\n\n What is the Northern Ireland Protocol?<\/b><\/p>\n\n\n\n The Protocol on Ireland \/ Northern Ireland<\/a> is a legal text that forms part of the UK-EU Withdrawal Agreement<\/a>. The Protocol was agreed by the UK and EU to address the \u201cunique circumstances\u201d on the island of Ireland in the context of UK withdrawal from the EU. According to Article 1(iii) of the Protocol it sets out arrangements necessary to meet the following shared objectives of the UK and EU: <\/span><\/p>\n\n\n\n To achieve these aims, the Protocol contains bespoke provisions for post-Brexit Northern Ireland. Under its terms, Northern Ireland remains part of the UK customs territory (Article 4) but is subject to the following:<\/span><\/p>\n\n\n\n In addition, the Protocol guarantees Irish citizens living in Northern Ireland \u201cno diminution\u201d in their EU citizenship rights (Article 2) and enables Northern Ireland to remain a recipient of dedicated EU PEACE and INTERREG funding (the Preamble<\/i>). Taken together, these provisions ensure that goods can continue to flow freely between Northern Ireland, Ireland and the rest of the EU, thereby avoiding the need for a \u201chard\u201d land border.<\/span><\/p>\n\n\n\n As the substantive provisions of the Protocol only apply to Northern Ireland, and not the rest of the UK, the Protocol\u2019s implementation in the post-Brexit context creates new barriers to trade in goods between Great Britain and Northern Ireland. This is because when goods now enter Northern Ireland they are, in effect, entering the EU\u2019s Single Market and, therefore, additional checks and controls are applied.<\/span><\/p>\n\n\n\n Does the Protocol require certain aspects of EU law to apply in Northern Ireland?<\/b><\/p>\n\n\n\n Yes. <\/b>The Protocol requires that those aspects of EU law necessary to avoid a physical hardening of the border on the island of Ireland continue to apply in post-Brexit Northern Ireland. In effect, Northern Ireland remains within the EU\u2019s Single Market for goods despite it having formally left the bloc along with the rest of the UK on 31 January 2020. <\/span><\/p>\n\n\n\n Most of those EU laws that continue to apply in Northern Ireland<\/a> are listed in the Annexes of the Protocol. The table below summarises some of the EU law instruments (regulations, directives and decisions) listed in the Protocol Annexes when the text was concluded by UK and EU negotiators in October 2019. <\/span><\/p>\n\n\n\n