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BREXIT
BRIEF
Brexit Brief Issue 85
16 April 2020
Introduction
The Brief seeks to provide up-to-date information on the progress and content of the UK-EU
negotiations, and bring together relevant statements and policy positions from key players in
Ireland, the UK and the EU.
The Brief is part of a wider communications programme covering the work of the IIEA’s UK
Project Group – including commentaries, speeches, texts and event reports – which are
highlighted on the Institute’s website. (www.iiea.com)
Section One: State of Play The first official contact between the two sides
since the first round of negotiations at the
COVID-19 beginning of March took place on the afternoon
of Wednesday, 15 April 2020. In a phone
The COVID-19 crisis has severely restricted
conversation between EU Chief Negotiator
the process of EU-UK negotiation and called
Michel Barnier and UK Chief Negotiator David
into question the possibility of completing
Frost, a new timetable for talks was agreed, in
the talks by year-end. At the beginning of
the original structure set out in the Terms of
April, the negotiators were supposed to
Reference in February.
have completed two intensive face-to-face
rounds and to be preparing for a third. In Dates for week-long negotiation rounds were
fact, the pandemic has restricted the two set up as far as June. Rounds are scheduled
sides to exchanging memos and obtaining to take place in the weeks beginning 20
clarifications electronically. At an early stage, April, 11 May and 1 June 2020. Agendas for
it side-lined both lead negotiators with Michel discussions will be published online in advance
Barnier testing positive for COVID-19 and of negotiation rounds and a High-Level
David Frost self-isolating. Meeting in June will take stock of negotiations,
as originally proposed.
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Mr Barnier and Mr Frost also discussed the commented: “Video conferences, even if they
meeting of the Joint Committee on the can be carried out, will not be able to replace
implementation of the Withdrawal Agreement. physical meetings on an equal footing, no
It was agreed that work should move ahead formal quorum, no marginal conversations,
on the implementation of the Withdrawal no confidentiality, no interpreting, difficulties
Agreement, including on citizens’ rights and in text work.”
the Protocol on Ireland/Northern Ireland. It
was reported that Mr Frost said that the UK Opposition parties in Westminster, and
was not proposing to agree to extend the British business groups, have called for the
transition period beyond the end of 2020. Government to activate the treaty provision
for an extension of the transition period to
The UK and EU have shared legal texts and ensure that negotiations can proceed in a
there have been informal discussions between measured and balanced manner not subject to
officials but no opportunities for serious efforts unrealistic time pressures. There are increasing
to find compromises. The EU draft legal text calls for delay because Brexit planning – on
– running to more than 400 pages – was preparations for custom paperwork, complex
published on 18 March 2020. A substantial IT systems, etc. – is taking a back seat as
UK paper ‘The Future Relationship with the everyone concentrates on the ongoing crisis.
EU’ appeared in February, which detailed the A decision to seek an extension must be
UK’s negotiating objectives. The UK has also made by the end of June but the Government
drafted a legal text and shared this with the continues to insist that there will be no change
EU Task Force but this was not published or to the present timetable.
shared with Member States.
And, with Prime Minister Boris Johnson
Technical issues have effectively ruled out video recuperating from his intensive care COVID-19
conferencing because of security concerns and experience, uncertainty remains as the June
questions of scale in talks involving at least deadline draws closer.
100 participants on each side. Efforts continue
in order to find a way forward. EU Task Force
The prospect of achieving an agreed trade The Commission Task Force for Relations with
deal by the deadline set down in UK legislation the UK, recognising the implementation of the
– 31 December 2020 – has been described Withdrawal Agreement requires action at both
as ‘fantasy land’ by EU officials. In the UK, EU and Member State levels, has prepared an
civil servants have been moved from Brexit inventory of all implementing measures and
work to deal with the coronavirus threat. The is consulting on them as appropriate. Four
EU headquarters are similarly subject to the specific issues will be ‘work-intensive’ during
fall-out from the crisis and the UK talks are the transition period:
no longer at the top of the priority list. Video
1. Setting up the Joint Committee to oversee
conferencing capacity is limited by security
the application of the Agreement
issues and physical distancing rules. An official
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2. Creating Dispute Settlement Mechanisms duties to priorities set by the Government
or arbitration panels over the coming months. Taking into account
the pressure COVID-19 was placing on the
3. Implementing the Ireland/Northern Ireland capacity of both the UK and EU, and given on-
Protocol going developments, the Chairman asked Mr
Gove for an update on a number of points.
4. Implementing the provisions on Citizens’
Rights In his response to the letter, Michael Gove
replied that, at this stage, he was unable to
Hilary Benn and Michael Gove
confirm dates of his next appearance before
Correspondence
the Committee but hoped that his letter
Michael Gove MP, Chancellor of the Duchy of addressed the questions raised on behalf of
Lancaster and Minister for the Cabinet Office, the Committee.
appeared before the House of Commons
Mr Gove confirmed to the Committee that the
Committee on the Future Relationship with the
second round of negotiations had not gone
European Union on 11 March 2020. He addressed
ahead as planned, in light of the Coronavirus,
a range of issues related to the progress of
but said that “we remain in contact with the
negotiations on the future relationship between
European Commission to explore alternative
the UK and the European Union.
ways to continue discussions”. He indicated
Following the Committee meeting, its Chairman, that the “structure of negotiations is likely to
Hilary Benn MP, wrote to Michael Gove, change to reflect the current situation” and
thanking him for his evidence, welcoming said that both parties are exploring “flexibility
his commitment to keep Parliament updated in the structure for the coming weeks.”
on the progress of the future relationship
He said that the UK and EU had exchanged
negotiations and his willingness to convey
draft legal texts, adding: “We shared ours
the Committee’s invitation to Mr Frost, the
in confidence as a negotiating document”.
UK’s lead negotiator, to appear before it. He
Further conversations between the negotiating
indicated that the Committee looked forward
teams is expected following initial analysis of
to hearing from the Minister about how he
the documents, according to Mr Gove’s letter.
proposed to report back to Parliament as the
negotiations progressed. Mr Gove also confirmed that the first
meeting of the Withdrawal Agreement
In his letter, the Chairman recognised that the
Joint Committee was held on 30 March by
COVID-19 crisis was presenting considerable
teleconference. He said that the meeting
challenges for the country and it was evident
covered “UK and EU implementation of the
that Whitehall was working incredibly hard
Withdrawal Agreement and established the
on trying to manage these. This cross-
six Specialised Committees.”
Government response would result in many
civil servants being reassigned from their usual
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Mr Benn had asked Mr Gove to comment on risk of moving to the EU. This will take into
how the Government planned to report on account, among other things, whether
Joint Committee discussions, particularly on they will be subject to commercial
the implementation of the Ireland/Northern processing in Northern Ireland, what the
Ireland Protocol. goods are, who is importing them, and
the risks of avoidance.
In his response, Mr Gove said that he intends
to lay a Written Ministerial Statement (WMS) On Government and business preparedness,
before and after each meeting of the Joint including mechanisms for Government
Committee, outlining the decisions taken by consultation with public and private sector,
the Joint Committee. He referred to his WMS Mr Gove said that: “Ministers and officials talk
made on 25 March ahead of the first meeting, to representatives of the public and private
setting out the provisional agenda and details sectors all the time. The Government intends
of the UK delegation. “Now that Parliament to invite contributions about the economic
has gone into recess” he continued, “I intend implications of the future relationship through
to update Parliament by writing to you and a public consultation”. He added that:
the Chair of the Lords EU Committee. At this “Whatever happens, we will be leaving the
stage, I cannot provide Parliament with a customs union and single market. As such
timetable of meetings during the transition there is a fixed baseline of guaranteed changes
period as this has not yet been agreed.” for Government, citizens and businesses to
prepare against in these areas.”
On Northern Ireland, Mr Gove said that the
Government “fully recognises the importance In response to a question as to what EU
to Northern Ireland of the negotiations with agencies and programmes the UK current
the EU on the implementation of the Protocol participates in and is seeking to continue
and on our future relationship.” He said that the participation in, including the terms of such
Protocol will maintain North-South cooperation participation, Mr Gove commented:
on the island of Ireland, avoid a hard border and
protect the Belfast (Good Friday) Agreement. We will discuss with the EU how best to
manage our friendly relations, but any
He said that Parliamentary oversight would
solution has to respect our red line of
focus on the work of the Joint Committee, as
no commitments to follow EU law and
Specialised Committees cannot take decisions.
no acceptance of the jurisdiction of the
CJEU. There are limited options for third
In response to a question as to the
country membership of EU bodies, and
arrangements that the UK Government would
put in place to identify goods moving from we have been clear we shall be operating
Great Britain to Northern Ireland that may be on the basis of existing precedents.
at risk of entering the EU, Mr Gove said:
As to other EU programmes, the Political
The Withdrawal Agreement states that the Declaration stated that the UK is open to
Joint Committee will agree the definition participation in certain EU programmes,
for determining which goods are not at if it is in our interest to do so. These
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programmes need to represent a real An important procedural matter has arisen in
benefit to British people and industry and respect of the Joint Committee and Specialised
provide convincing value for money. Committees. Both the House of Commons
Committee on the Future Relationship with
EU-UK Joint Committee the European Union and the House of Lords
EU Committee have written to the Cabinet
The first meeting of the Withdrawal Agreement
Office Minister, Michael Gove, on reporting
Joint Committee on 30 March 2020 marked
and scrutiny. The Lords Committee wrote:
an important stage in the withdrawal process.
“We would also see benefit in the provision
The teleconference meeting, co-chaired by
of a Written Ministerial Statement after
the Chancellor of the Duchy of Lancaster,
each meeting of the Joint Committee and
Michael Gove, and the European Commission
Specialised Committees, and that in some
Vice President Maroš Šefčovič, highlighted two
circumstances an oral statement may also
issues: safeguarding the rights of EU citizens in
be required, depending on the significance of
the UK and UK nationals in EU Member States;
the discussions and decisions that have taken
and faithful and effective implementation of
place.” The Minister has given a commitment
the Protocol on Ireland/Northern Ireland.
to provide the requested reports.
The Committee decided to launch the work
Section Two: The Evolving Debate
of the six Specialised Committees on the key
areas for the implementation of the Withdrawal UK refuses EU request for Belfast office
Agreement: Citizens’ Rights; Other Separation
Provisions; Protocol on Ireland/Northern The UK Government has responded with a
Ireland; Protocol on the Sovereign Base Areas firm refusal to a request by the EU to open
in Cyprus; Protocol on Gibraltar; Financial an office in Belfast following the closure of the
Provisions. It was agreed that the Specialised European Commission Representation Office
Committee on Ireland/Northern Ireland in Belfast at the end of January, when the UK
should engage without delay in discussing and formally departed from the Union. The EU has
preparing the decision the Joint Committee argued that it requires a presence in Belfast to
must adopt in relation to the Protocol before monitor the implementation of the Northern
the end of the transition period. The EU side Ireland Protocol.
insisted that “There is an urgent need to present
a detailed timetable and proceed with the The UK position is that the request for an EU
necessary measures, such as preparing for the office in Northern Ireland is not in line with
introduction of customs procedures for goods the provisions of the Withdrawal Agreement.
entering Northern Ireland from Great Britain.” It could become a permanent EU presence
overseeing various checks and controls. This
The COVID-19 crisis situation is making it would be incompatible with UK sovereignty.
difficult to finalise a schedule for meetings The European Commission argues that it
of the Joint Committee and the Specialised wants to ensure that the agreement to carry
Committees. The next meeting of the Joint out customs checks on goods and animals
Committee is currently foreseen for June. travelling from mainland Britain to Northern
Ireland in the Irish Sea is respected.
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The European Commission Statement following On 14 March 2020, senior representatives of
the first meeting of the EU-UK Joint Committee the Northern Ireland Executive and the Irish
highlighted the importance of implementation Government and their Chief Medical Officers
of the Protocol on Ireland/Northern Ireland and met in Armagh to review the COVID-19
indicated its commitment to work with the UK situation how it might be tackled. The
on this. The Commission insisted that “there is Northern Ireland Executive was represented
an urgent need to present a detailed timetable by First Minister Arlene Foster MLA, deputy
and proceed with the necessary measures such First Minister Michelle O’Neill MLA and
as preparing for the introduction of custom Health Minister Robin Swann MLA. The Irish
procedures for goods entering Northern Government was represented by An Taoiseach
Ireland from Great Britain, and ensuring that Leo Varadkar TD, the Tánaiste and Minister for
all necessary sanitary and phytosanitary Foreign Affairs and Trade Simon Coveney TD,
controls as well as other regulatory checks and Minister for Health Simon Harris TD.
can be carried out in respect of goods entering
Northern Ireland from outside the EU.” Following a phone conversation on 20 March
2020, the Secretary of State for Northern
The matter was raised during the first
Ireland, Brandon Lewis and the Tánaiste,
teleconference meeting of the EU-UK Joint
Simon Coveney jointly chaired a call with
Committee, the body set up to oversee the
First Minister Arlene Foster, deputy First
operation of the Brexit Withdrawal Agreement.
Minister Michelle O’Neill, Health Minister
A UK government spokesperson said: “We
Robin Swann and Minister for Health Simon
received an initial request from the EU and
Harris on 31 March 2020. On 8 April 2020 the
responded to decline the proposal in February.
Irish Government and the Northern Ireland
We have since received a follow up letter to
Executive formally signed a Memorandum of
which we will respond in due course.”
Understanding formalising their cooperation
There is an existing EU-related office in and facilitating greater cooperation on
Belfast, the Special EU Programmes Body messaging, research, public health measures
(SEUPB). This was set up under the Good and procurement.
Friday Agreement in order to administer
and disburse EU INTERREG funding, and the Brexit Legislation
evolving PEACE I and II funding streams. It will
On 23 January 2020 the EU (Withdrawal
remain in Belfast despite the UK’s departure,
Agreement) Bill (WAB) became an Act of
as the EU has agreed to continue the PEACE
Parliament agreed to the terms of the UK’s
funding streams for the time being.
departure. In the meantime, Parliament has
All-Island Cooperation on Crisis transferred the EU statute book into UK law with
tweaks made through secondary legislation to
The COVID-19 crisis has led to significant ensure a functioning statute book. But there is
North-South engagement between the Dublin still a lot more Brexit legislation to come – and in
Government and the Northern Ireland Executive substance, at least, it could prove controversial.
and involving the UK Northern Ireland Office.
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Apart from the WAB, the Queen’s Speech GOV.UK Agreement on First Meeting of UK-
listed another six Brexit bills: on agriculture, EU Joint Committee. 19 March 2020. https://
fisheries, immigration, trade, financial www.gov.uk/government/news/update-on-
services and private international law. This list the-withdrawal-agreement-joint-committee
also includes the substantial Environment Bill
drafted in Defra under Michael Gove. RTE ‘Urgent need’ for UK to present
detailed timetable on customs. RTE,
All of this intended legislation will give broad
30 March 2020. https://www.rte.ie/news/
powers to the Government to carry out policy
brexit/2020/0330/1127211-eu-uk-joint-committee
changes. They are framework Bills, which leave
a lot of the critical detail to be spelled out and
European Commission Implementing the
enacted in secondary legislation which may
Withdrawal Agreement, March 2020. https://
prove controversial in both Commons and Lords.
www.ec.europa.eu/info/european-union-and-
There is another potential area of controversy
united-kingdom-forging-new-partnership/
insofar as the Bills, intended to apply to the
UK as a whole, have clear implications for the eu-uk-withdrawal-agreement/implementing-
powers of the devolved administrations. It withdrawal-agreement
should be recalled that the UK Government
The Guardian Extend Brexit transition by
enacted the WAB despite all three devolved
assemblies refusing legislative consent – the years over coronavirus, UK told. Guardian,
first time this has happened. It is probable that 30 March 2020. https://www.theguardian.
these Bills will develop into a further test of com/politics/2020/mar/30/extend-brexit-
strength between Whitehall and Westminster transition-by-years-over-coronavirus-uk-told
and Holyrood, Cardiff and Belfast. On all of
these issues, dissenting MPs, peers, and the BBC Brexit trade talks continuing in ‘difficult
devolved governments will struggle to assert times’. BBC, 7 April 2020. https://www.bbc.
their will against Boris Johnson’s majority. com/news/uk-politics-52208127
Section Three: Background The Guardian Brexit: UK plan to agree
Material and Further Reading trade deal by December is fantasy, says
EU. Guardian, 8 April 2020. https://www.
Background Material theguardian.com/politics/2020/apr/08/brexit-
uk-plan-to-secure-trade-deal-by-december-
European Commission Statement by the
is-fantasy-says-eu
European Commission following the first meeting
of the EU-UK Joint Committee, 30 March
Bloomberg Where’s Brexit? Canceled
2020. https://www.ec.europa.eu/commission/
Whitehall Meetings Say Delay Inevitable, 2
presscorner/detail/en/statement_20_565
April 2020. https://www.bloomberg.com/
GOV.UK Prime minister confirms ministerial leads news/articles/2020-04-02/where-s-brexit-
for UK-EU Withdrawal Agreement Joint Committee, canceled-whitehall-meetings-say-delay-
I March 2020. https://www.gov.uk/government/ inevitable?smd=brexit
news/prime-minister-confirms-ministerial-leads-
for-uk-eu-withdrawal-agreement-joint-committee
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Institute for Government Implementing Politico Brexit Britain is running out of
Brexit: The role of the joint committee, March 2020 time, Politico, 20 March 2020. https://www.
https://www.instituteforgovernment.org.uk/ politico.eu/article/gripped-by-coronavirus-
publications/implementing-brexit-joint-committee britain-stays-stubborn-on-brexit
Politico Panic-buying in UK will return ahead The Guardian Brexit threatens UK’s ability
of Brexit transition end, experts say. Politico, to respond to future pandemic. Guardian, 14
1 April 2020. https://www.politico.eu/article/ March 2020. https://www.theguardian.com/
uk-panic-buying-set-to-return-ahead-of- world/2020/mar/14/why-brexit-will-delay-
brexit-transition-end/ uk-getting-vaccine-and-cost-more
UK in a Changing Europe Regulatory Financial Times Boris Jonson’s agenda is over
alignment and divergence, April 2020. https:// - a new politics will emerge. FT, 23 March 2020.
www.ukandeu.ac.uk/regulatory-alignment- https://www.ft.com/content/21672cd6-6ce4-
and-divergence/ 11ea-9bca-bf503995cd6f
Financial Times Brexit: lost in transition. The Federal Trust Cliff edge or capitulation?
FT, 1 April 2020. https://www.ft.com/ The options for EU/UK trade negotiations, 13
content/5c0bc7b2-8697-4493-8aa3-5766de1962b1 March 2020. https://www.fedtrust.co.uk/
cliff-edge-or-capitulation-the-options-for-eu-
UK in a Changing Europe. Parliament and uk-trade-negotiations
Brexit, March 2020. https://www.ukandeu.
ac.uk/wp-content/uploads/2020/03/ UK in a Changing Europe Has Brexit
Parliament-and-Brexit-report.pdf helped business prepare for the coronavirus?
April 2020. https://www.ukandeu.ac.uk/
Financial Times Pandemic reshapes British has-brexit-helped-business-prepare-for-the-
and EU politics. FT, 1 April 2020. https:// coronavirus/#
www.ft.com/content/f7be361d-3809-484c-
bfe9-56481d2f4af6 Paul Gillespie ‘Coronabonds’ row could
endanger the European project. IT, 28 March
The Telegraph Our fishermen deserve better 2020. https://www.irishtimes.com/opinion/
post-Brexit than to be sold down the river yet coronabonds-row-could-endanger-the-
again. Telegraph, 3 April 2020. https://www. european-project-1.4213161
telegraph.co.uk/politics/2020/04/03/fishermen-
deserve-better-post-brexit-sold-river-yet Michael McDowell Covid-19 crisis raises
important points on the limits of the EU. IT,
The Guardian The scale of the coronavirus 31 March 2020. https://www.irishtimes.com/
crisis exposes how pointless the Brexit cause opinion/michael-mcdowell-covid-19-crisis-
is. Guardian, 1 April 2020. https://www. raises-important-points-on-the-limits-of-the-
theguardian.com/commentisfree/2020/ eu-1.4216994
apr/01/coronavirus-crisis-brexit-brexiteers
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RTE UK refuses EU request for Belfast office.
RTE, 1 April 2020. https://www.rte.ie/news/
ireland/2020/0401/1127912-eu-belfast
Bloomberg. EU Presses Boris Johnson Over
Irish Customs Checks After Brexit. Bloomberg
30 March 2020. https://www.bloomberg.
com/news/articles/2020-03-30/eu-presses-
boris-johnson-over-irish-customs-checks-
after-brexit?smd=brexit
UK in a Changing Europe. EU citizenship
rights in Northern Ireland, April 2020. https://
www.ukandeu.ac.uk/eu-citizenship-rights-in-
northern-ireland
Further Reading
Callanan, Mark. Foundations of an Ever
Closer Union. Institute of Public Administration.
BREXIT BRIEF 085 | APR 2020The Institute of International and European Affairs (IIEA) is Ireland’s leading international affairs think tank.
Founded in 1991, its mission is to foster and shape political, policy and public discourse in order to broaden
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