Northern Ireland Protocol facts for kids

Thornton Manor in Merseyside, where important talks about the Protocol happened in 2019.

The Northern Ireland Protocol is a special agreement that is part of the Brexit withdrawal agreement. It explains how Northern Ireland would work with both the European Union (EU) and Great Britain after Brexit. This agreement started on 1 January 2021. It was created because the island of Ireland has a unique history and situation. The Protocol manages how goods are traded between Northern Ireland and the rest of the United Kingdom.

This agreement allows the border between Northern Ireland and the Republic of Ireland to stay open. An open border was a very important part of the Northern Ireland Peace Process and the Good Friday Agreement. These agreements helped end a long period of conflict known as The Troubles. Instead of a border on land, the Protocol created a special customs border in the Irish Sea. This means there are checks on goods moving between Great Britain and Northern Ireland.

To help with concerns from Unionists in Northern Ireland, the EU and UK agreed to new rules in 2022-2023. This new plan is called the Windsor Framework. It started on 24 March 2023. The Democratic Unionist Party (DUP) did not accept the Framework at first. They waited until more changes were made on 31 January 2024. After that, a new government for Northern Ireland was formed.

Why is the Protocol Needed?

The border between the Republic of Ireland and the United Kingdom has been special since the Good Friday Agreement in 1998. This agreement helped end The Troubles, a conflict that lasted for 30 years in Northern Ireland. As part of the peace process, the border became mostly invisible. There were no physical barriers or customs checks at its many crossing points. This was possible because both Ireland and the UK were members of the European Single Market and the European Union Customs Union. They also had a Common Travel Area.

When the UK left the European Union, the border in Ireland became the only land border between the UK and the EU. Both the EU's Single Market and the UK's own market need checks on goods at their outside borders. The Northern Ireland Protocol was made to protect the EU's market. It also aimed to avoid a 'hard border' in Ireland. A hard border might cause new problems and make the peace less stable.

How the Protocol Works for Goods

Under the original Protocol, Northern Ireland is officially outside the EU's Single Market. However, EU rules for the free movement of goods and EU customs rules still apply there. This means there are no customs checks between Northern Ireland and the Republic of Ireland. Goods can move freely from Northern Ireland to Great Britain. But goods moving from Great Britain to Northern Ireland face some checks.

This setup created a customs border in the Irish Sea. This border separates Northern Ireland from Great Britain. Many Unionists were unhappy about this.

Voting on the Protocol's Future

The Northern Ireland Assembly has a say in whether the Protocol continues. After 31 December 2024, they can vote to end or keep the arrangements. The UK government has said this decision will be made by a simple majority vote in the Assembly. If they vote to end it, the arrangements would stop two years later. Then, the UK and EU would need to find new ways to avoid a hard border in Ireland. If they vote to keep it, another vote would happen after four years.

In the 2022 Northern Ireland Assembly election, parties that supported keeping the Protocol won most of the seats. However, Unionist parties strongly opposed it. The Democratic Unionist Party (DUP) even stopped the Northern Ireland Assembly from meeting for a long time because of their protests.

The Protocol's rules were agreed in 2019. The full agreement, including the Protocol, was approved in January 2020. In February 2023, the EU and UK agreed to changes in how the Protocol works. This new plan is called the Windsor Framework.

History Behind the Protocol

In 1921, most of the island of Ireland left the United Kingdom. This part became the Irish Free State, which is now the Republic of Ireland. The north-eastern part, called Northern Ireland, stayed part of the United Kingdom.

Northern Ireland has had tensions between Unionists and Nationalists. Unionists want to remain part of the UK. Nationalists want a united Ireland. From the late 1960s to the late 1990s, there was a conflict called 'the Troubles'. During this time, the border between Northern Ireland and the Republic of Ireland was heavily guarded. In 1998, the Good Friday Agreement ended the conflict. The border was then demilitarized. Since both the UK and Ireland were in the EU and had a Common Travel Area, there were no other border checks.

Brexit and the Border Problem

In the 2016 Brexit vote, nearly 56% of people in Northern Ireland voted to stay in the EU. However, the UK as a whole voted to leave. After the vote, the UK government decided to leave not only the EU but also its European Union Customs Union and the European Single Market. This meant there would be a customs and trade border between the UK and the EU.

The sea border between Great Britain and Europe was expected to be manageable. But the UK/EU border in Ireland was much harder to solve. This problem was called the Brexit Trilemma. It had three goals that could not all be met at once:

• No hard border on the island of Ireland.
• No customs border in the Irish Sea between Northern Ireland and Great Britain.
• The UK not being part of the European Single Market or Customs Union.

The Protocol was an attempt to solve this trilemma.

How the Protocol Was Agreed

The Irish Backstop Idea

The Protocol replaced an earlier idea called the "Irish backstop." The backstop was the first attempt to solve the border problem. It was part of an earlier draft of the Brexit agreement in 2018. This plan suggested that the whole UK would stay in a customs area with the EU. This would last until a way was found to avoid customs checks at the Irish border and also avoid checks within the UK. The "backstop" part meant this arrangement could last forever if no other solution was found.

The backstop would have kept Northern Ireland linked to some parts of the European Single Market. The Irish government and most nationalist and cross-community parties supported the backstop. However, the DUP and other unionist parties were against it. The UK Parliament voted against this version of the agreement three times.

New Talks and Agreement

After Boris Johnson became Prime Minister in July 2019, he tried to remove the backstop. The EU refused, wanting a real solution. On 2 October, Johnson suggested a new plan. Northern Ireland would follow EU rules for product standards but stay in the UK customs area. This would mean checks between Great Britain and Northern Ireland. But there would be no customs checks for goods staying within the UK. For the border between Northern Ireland and the Republic, his plan involved customs checks using technology away from the border. The EU rejected this idea.

On 10 October 2019, Johnson and the Irish Prime Minister, Leo Varadkar, had "very positive" talks. This led to new negotiations. A week later, they announced a new agreement. This new agreement replaced the backstop with the current Protocol on Ireland/Northern Ireland.

Under this new Protocol, the whole UK would leave the European Union Customs Union. Northern Ireland would be part of any future British trade agreements. However, Northern Ireland would also follow EU Single Market rules for goods. This would keep the "hard border" off the island of Ireland. The Protocol also includes rules to protect human rights and equality.

During the 2019 election, a leaked report suggested the Protocol could cause problems for Northern Ireland's economy. It said Northern Ireland might be cut off from parts of the UK's internal market. It also warned of shortages and price rises. Prime Minister Johnson, however, said there would be "no checks on goods going from GB to NI, and from NI to GB."

Starting Point of the Protocol

The Protocol is not a backup plan. It sets out the rules for Northern Ireland for at least the first four years from January 2021. After that, the people of Northern Ireland get to decide if they want to continue with parts of the Protocol. This decision is made by a simple majority vote in the Northern Ireland Assembly.

Key Parts of the Protocol

Article 1: Goals of the Protocol

This part says the Protocol does not change the 1998 Good Friday Agreement. That agreement states Northern Ireland is part of the UK and will only change if most people in Northern Ireland vote for it.

Article 2: Protecting Rights

This article says that leaving the EU should not reduce the rights and equality promised in the 1998 Good Friday Agreement. It also protects specific EU rules against discrimination. The UK also agrees to help human rights groups in Northern Ireland.

Article 3: Common Travel Area

This article confirms that the UK and Ireland can continue their Common Travel Area. This allows British and Irish citizens to move freely between the two countries.

Articles 4 and 5: Customs and Goods Movement

Article 4 states that Northern Ireland is still part of the UK's customs territory. This means Northern Ireland is included in any future UK trade deals. Goods from Northern Ireland can be exported like those from Great Britain.

Article 5 deals with customs taxes. No taxes apply to goods moving between Northern Ireland and Great Britain. This is unless the goods are meant to go into the EU. If goods from Great Britain are "at risk" of being sold in the Republic of Ireland, EU taxes might be charged. If they don't end up in the Republic, businesses in Northern Ireland can get refunds.

These articles create a customs border in the Irish Sea between Great Britain and Northern Ireland.

Article 6: Protecting the UK Market

Article 6 says that goods from Northern Ireland can move freely into the rest of the UK internal market. The UK and EU will regularly check this to avoid controls at Northern Ireland's ports and airports as much as possible.

Article 8: VAT and Excise Duties

This article says that some EU rules on VAT (sales tax) and excise duties (taxes on certain goods like alcohol) apply in Northern Ireland. But the UK collects and keeps these taxes.

Article 10: State Aid (Government Help)

Article 10 deals with state aid, which is government help for businesses. EU rules on state aid apply to the whole UK, including help for farming in Northern Ireland. This applies to help that affects trade between Northern Ireland and the EU.

Article 12: How it's Carried Out

Article 12 says the UK is responsible for putting the Protocol's EU laws into practice in Northern Ireland. EU representatives can be present when this happens. Both sides must share information every month. This article also states that the Court of Justice of the European Union (CJEU) helps interpret the EU laws that apply.

Article 16: Safeguards

Article 16 is a safeguard clause. It allows either the EU or the UK to take steps if the Protocol causes serious economic, social, or environmental problems that last a long time. These steps must be limited and only for as long as needed to fix the problem. The goal is to cause the least disturbance to the Protocol.

Article 18: Northern Ireland's Say

Article 18 explains how the Northern Ireland Assembly can vote on whether to continue parts of the Protocol. The first vote is planned for December 2024. If they vote against it, there will be two years for the UK and EU to agree on new arrangements. If they vote to continue, the rules will stay for another four years. If they vote to continue with special cross-community support, the rules will stay for eight years.

Reactions to the Protocol

Graffiti in Belfast showing opposition to the Protocol in February 2021.

Unionist Views

Unionists in Northern Ireland have been against the Protocol. They felt the border in the Irish Sea was a big change. Some said it could move Northern Ireland closer to Dublin and Brussels, away from the UK. The DUP leader, Arlene Foster, said it created a "red line down the Irish Sea," which went against promises made by Prime Minister Johnson.

Anger over the Protocol led to some street violence in Belfast in April 2021. Many unionist leaders, including some who helped create the Good Friday Agreement, called for the Protocol to be stopped. In September 2021, four Unionist parties released a statement saying they were against the Protocol. They wanted it replaced with arrangements that fully respected Northern Ireland's place in the UK.

Other Critics

Some people, like former Labour MP Kate Hoey, also criticized the British government. They felt the Protocol created a trade barrier between Great Britain and Northern Ireland. They argued that Northern Ireland was still largely in the EU Single Market and Customs Union, but without a say in its rules.

Nationalist and Cross-Community Views

In September 2020, the main nationalist parties (Sinn Féin and SDLP) and cross-community parties (Alliance Party and Green Party) supported the Protocol. They wanted it to be fully put into action. Alliance Party leader Naomi Long said practical solutions were needed, not a political crisis.

Government Actions and Challenges

In September 2020, the British government proposed a law that would let ministers change parts of the Protocol. This caused concern, as it was seen as breaking international law. The EU started legal action, but later paused it to allow for more talks.

Public Opinion

Polls showed mixed feelings about the Protocol in Northern Ireland.

• A March 2021 poll found 44% disagreed it was "a good thing" for Northern Ireland, while 43% agreed.
• An April 2021 poll showed 48% wanted it scrapped, and 46% wanted it kept.
• A May 2021 poll found 59% were worried about violence related to the Protocol.
• By October 2021, a poll showed 53% believed the Protocol was a good way to manage Brexit's effects. However, 59% felt it had negatively affected political stability.

Legal Challenges

In June 2021, a court in Northern Ireland ruled that the Protocol was lawful. Some unionist politicians had argued it went against old laws. The court said that while it did go against some old trade rules, a newer UK law had changed those rules. This decision was appealed, but the UK Supreme Court also ruled in February 2023 that the Protocol was lawful.

2022 Northern Ireland Assembly Election

In the May 2022 election, parties that accepted the Protocol won most of the seats (52 out of 90). Parties against a special arrangement for Northern Ireland won fewer seats (28). This suggested more support for the Protocol, but it still lacked full support from all communities.

Northern Ireland Protocol Bill

In June 2022, the UK government introduced a new law called the Northern Ireland Protocol Bill. This bill aimed to change parts of the Protocol without the EU's agreement. Most members of the Northern Ireland Assembly opposed this bill. The DUP welcomed it but said they would not join Northern Ireland's government until the bill became law. However, after the Windsor Framework was agreed, the UK government stopped progress on this bill.

How the Protocol Was Put into Practice

Border Control Posts

To make the Protocol work, the UK needed to set up border control posts at Northern Ireland's ports. These posts are for checking goods. Temporary buildings were ready by January 2021. However, a DUP minister in Northern Ireland ordered officials to stop work on permanent facilities and hiring staff for them.

Despite instructions from the UK government, the DUP minister continued to resist building these posts. In April 2021, it was reported that permanent posts might not be built before 2023. EU inspectors later said in January 2022 that the system of checks was "not fit for purpose." They noted that the UK government had not provided enough resources.

Grace Period

The agreement included a three-month "grace period" until 31 March 2021. This was to give businesses time to get used to the new rules for goods moving from Great Britain to Northern Ireland. The UK government asked for a two-year extension to these checks, fearing food supply problems. On 3 March 2021, the UK announced it would extend the grace period for six months on its own. The EU said this could break international law and threatened legal action. However, the EU later paused its legal action to allow for more talks.

The UK government then announced an indefinite extension of all grace periods in September 2021. This was to allow more time for discussions. The EU acknowledged this but did not threaten legal action at that time.

Efforts to Change the Protocol

In October 2021, the UK government suggested it might abandon the Protocol if the EU did not agree to rewrite it. The UK's Brexit minister, David Frost, said the EU needed to make "ambitious" proposals. The main point of disagreement for the UK was the Court of Justice of the European Union's (CJEU) role in settling disputes about EU law in Northern Ireland. Frost said the Protocol was "not working" and was "shredding the Good Friday Agreement." Talks were suspended in December 2021.

The Windsor Framework

The "Windsor Framework" is a new agreement between the EU and the UK. It was announced on 27 February 2023. It aims to solve the problems with goods moving between the European Single Market and the UK under the Northern Ireland Protocol.

This agreement created "green and red lanes" for goods crossing the Irish Sea from Great Britain to Northern Ireland.

• Green Lane: For goods staying in Northern Ireland. These goods have fewer checks and less paperwork.
• Red Lane: For goods that might move into the EU Single Market. These goods have more checks.

The Framework also includes agreements on medicines, VAT, and alcohol taxes. This agreement was made under the Protocol's safeguard clauses. It did not need full UK parliamentary approval, but the Prime Minister said MPs would get a vote.

Article 16 (Safeguard Clause)

Article 16 of the Protocol is a safeguard clause. It lets either the EU or the UK take "strictly necessary" actions if the Protocol causes serious economic, social, or environmental problems that continue, or if it causes trade to be redirected. The other side can then take fair balancing actions. These actions should cause the least disturbance to the Protocol. Usually, these actions can only be taken one month after telling the other side.

Concerns about Imports

Northern Ireland gets a lot of its food and other goods from Great Britain. There have been worries that strict rules under the Protocol could cause shortages or price increases in Northern Ireland. Prime Minister Boris Johnson suggested using Article 16 in January 2021 to prevent problems with goods moving across the Irish Sea.

COVID-19 Vaccine Issue

In January 2021, the EU had a disagreement with a vaccine company. The EU briefly considered using Article 16 to control vaccine exports. This was to prevent vaccines meant for the Republic of Ireland from going to Britain via Northern Ireland. This idea was quickly criticized by Northern Ireland, the Republic of Ireland, and the UK. Northern Ireland's First Minister called it "an absolutely incredible act of hostility." The EU quickly withdrew the idea.

See also

• 2021 Northern Ireland riots