BC BREXIT
Saved by @Jacobtldr

Some compelling evidence at the NI Affairs Committee this morning on Brexit, the risks of smuggling, organised crime, the "soft underbelly" of the Irish border, the loss of the European Arrest Warrant and what might replace it

 2/ Giving evidence were Simon Byrne, chief constable of the PSNI, Mark McEwan, assistant chief constable, Steve Rodhouse, of the UK National Crime Agency, and Steve Tracey, of HMRC. Here's the gist of what I've just filed for @rtenews online:
3/ A UK law officer has raised the prospect of intl organised criminals trafficking drugs, people + firearms into the UK via Ireland because of tighter controls at GB ports thanks to Brexit. He also suggested that Ireland may have to tighten security at its ports accordingly.
4/ Steve Rodhouse, DG of Operations with the UK National Crime Agency, said organised criminals would be making a “fundamental choice” as to whether they continue to traffic drugs, people and firearms into the UK via English ports...
5/ ...or whether they might decide to switch routes into the UK through Northern Ireland via the Irish Republic.
Mr Rodhouse told a House of Commons committee that such trafficking was already underway through what could be termed the “soft underbelly” of the Irish border.
6/ “We are seeing relatively small numbers, but we do see people being trafficked into the UK via the Republic to date and then moving on through ferries and the like into GB. We are very much alive to that risk,” he told the Northern Ireland Affairs Committee.
7/ He was asked by the committee chair if he agreed with an earlier published assessment by the NCA that Brexit could mean the island of Ireland becoming “an attractive backdoor to the broader UK criminal market.”
8/ Mr Rodhouse said his views were “akin” to those of PSNI Chief Constable Simon Byrne who had earlier told the committee that the land border could be seen as “the soft underbelly of the Common Travel Area.”
9/ “There are organised criminals out there who might consider that to be the case,” Mr Rodhouse said. “Equally there are others who feel there are opportunities to access the UK through other routes. It would be wrong to ignore the possibility to see the Republic as a way in.”
10/ He said organised criminals were “agile” and would be deciding whether a greater presence of UK Border Forces at English ports, and more data about what might be hidden in freight consignments coming in from overseas, could mean an incentive to use Ireland instead.
11/ “They have a choice to make as to whether they feel that any changes to the rest of GB ports post-Brexit will mean they should change their routes coming into GB via the Republic,” he said.
12/ Steve Tracey, the Asst Dir of the Organised Crime Directorate within HMRC told the cttee: “The organised crime groups are very agile, they will look to see where the loopholes are, they will look to examine where they can best take advantage of any weaknesses in the system.”
13/ The DUP’s Gregory Campbell asked both witnesses if Ireland needed to increase its security at ports accordingly.
14/ The Foyle MP told Mr Rodhouse: “We have to try to ensure that the Republic does their duty and their job, ... because that would be a gap into the UK that criminals could exploit if they thought they were less diligent in the Republic than we are in the UK.”
15/ Mr Rodhouse replied: “Yes, I accept that. Clearly that’s an important aspect of our protective security as it is with other borders across Europe.”
16/ He added: “I would agree with your fundamental point. Of course, it is helpful for UK security for the Republic’s borders to be as effectively policed as possible.”
17/ The committee heard evidence from both the PSNI, the National Crime Agency and HMRC that a replacement would be needed for the European Arrest Warrant (EAW), which Britain will formally leave on January 1.
18/ Without the EAW, or any replacement mechanism, Dublin and London would have to rely for cross border extraditions on a Council of Europe convention dating back to 1956, the committee heard.
19/ Whereas an EAW could be triggered and executed within 48 days, it would take a year for an extradition to be expedited via the Council of Europe convention, the hearing was told.

This year 45 extraditions have been sought north and south through the European Arrest Warrant.
20/ The PSNI Chief Constable Simon Byrne said there had been “hundreds of years” of people engaging in smuggling and contraband “right back to the middle ages through to current times” on the island of Ireland.
21/ He said cooperation between the PSNI and Gardai would continue, and could be enhanced despite Brexit, depending on the outcome of the current negotiations on the future relationship.
22/ He said the PSNI would be “acutely aware” that they needed to support the Garda from January 1 when it came to monitoring the land border, and the risk of “300 plus crossings being exploited by organised crime groups smuggling any one of a range of things.”
23/ Mr Byrne said the difference between EU tariffs and UK tariffs in the event of no deal could be one factor in a potential increase in smuggling.
24/ He also told the committee that the PSNI would be monitoring any potential loyalist protests at Northern Ireland ports implementing the Protocol "if they see that the port boundary represents any threat to their perspective of the Union."
25/ "While we're keeping an active eye on it, there is no immediate prospect of it," he said. He told the Committee that he did not expect to see any dramatic changes on January 1.

ENDS
And I should of course correct Gregory Campbell's title - he's MP for East Londonderry and not Foyle (and apologies to Colum Eastwood...)

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Amid the hail of accusations that the EU wanted to put a hard border on the island of Ireland last Friday, it's worth pointing out what the ill-fated resort to Article 16 was about:

2/ Under the Commission's trade mechanism, any Covid vaccines leaving the EU for third countries would need export authorisations, ie to ensure vaccines were not being exported which were actually part of an avanced purchase agreement between member states + pharma companies

3/ Any movements of exports from one member state to another would NOT have required such an export authorisation

4/ Because of the NI Protocol, Northern Ireland would typically have availed of NOT having to had export authorisations for any vaccines being sent there from Belgium (or wherever)

5/ However, someone in the Commission spotted the fact that, also under the Protocol, there was unfettered movement of goods between NI and GB
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Where are we at as of 1450 CET?

Talks continuing, could go on for a while longer. One informed source is suggesting that because the fish deal was agreed at the high political level (btn @vonderleyen and @BorisJohnson) it was left to officials to translate it into real numbers

2/ Some reflections from an EU diplomat briefed on the rest of the deal, which appears to be in place:

3/ "There is nothing particularly surprising. It is consistent with what we've been hearing all along. The UK red lines are respected. Our concerns are also respected. Of course we have to see the fine print, but in general there is a robust level playing field."

4/ The LPF mechanism is said to be a "complicated structure" which works both ways.

5/ "It doesn't mean that because you have these structures you necessarily have to use them. The mood at the moment is, do you want to diverge [from EU standards] for the sake of diverging? In reality, most likely, pragmatism will prevail."
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BREAKING: The EU and UK have agreed a trusted trader scheme that would mean exemptions from tariffs for up to 98pc of goods flowing between Great Britain and Northern Ireland from January 1, @rtenews has learned.
The other 2% wd potentially avail of rebates from any tariffs.

2/ Tariffs would mostly only apply if no free trade agreement is concluded between the EU and UK.

Both sides have also agreed that agrifood products coming from GB to Northern Ireland will be exempt from requiring export health certificates for a period of at least three months

3/ These have proved the biggest concern for UK supermarket chains in NI, who rely on large and mixed consignments of food coming from GB depots.
Export health certificates can cost up to £200 per product and need to be signed off by a designated veterinary inspector.

4/ It’s understood the issue of how supermkts will comply with EU food safety rules could be dealt with through a UK commitment - possibly a declaration - that it does not intend to change its food safety rules from Jan 1. At that point the rules will be the same as the EU's.

5/ The trusted trade scheme would be subject to a review, or sunset clause, three and a half years after the Protocol comes into effect, according to an internal EU briefing
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Tony Connelly
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How significant were @vonderleyen's remarks to the European Parliament this morning?

One senior EU diplomat says takes note in particular of her opening words. "Frankly, I cannot tell you today if in the end there will be a deal."

2/ That this sentiment is being expressed by the European Commission President on Nov 25 with just over a month to Jan 1, is significant. In Brussels there are only two questions: will there be enough time to ratify any deal? Is @BorisJohnson prepared to take a big political step

3/ Yes, it takes two to tango, etc. But it's clear from Von der Leyen's comments that the EU is going to stand firm on the level playing field issue.

4/ “We are ready to be creative but we are not ready to put into question the integrity of the single market, the main safeguard of European prosperity and wealth" she told the EP.

5/ She repeated the demand for "robust mechanisms" to ensure competition is free and fair over time - ie, going back to the language of the Political Declaration. Also, the need "maintain common high standards now and in the future”. That's the "ratchet" or "evolution" clause
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Tony Connelly
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@tconnellyRTE
Irish foreign min Simon Coveney says he is "more optimistic" about progress in the EU UK Joint Committee over implementing the Northern Ireland Protocol.

2/ Last night @rtenews reported that if a free trade deal were to be concluded, a sequence would be put in place at the end of which the UK would drop the clauses in the Internal Market Bill which breach the Protocol.

3/ This morning, the EU’s representative on the Joint Committee, which implements the Protocol, said he would be meeting his counterpart Michael Gove in Brussels today.


4/ Mr Coveney said: “There is more cause to be optimistic and positive in the context of the Joint Committee and its work in terms of implementing the Withdrawal Agreement and the Protocol on Ireland and Northern Ireland.

5/ “Maros Sefcovic and Michael Gove have made really practical progress on many of the outstanding issues that were not resolved up until a few weeks ago.
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On this, I think it’s highly unlikely to occur in the timeframe given. For several reasons, I don’t think it’s realistic for Scotland to secede, and then join the EU, in 9 years.

For that, thanks goes to Brexit.

A thread because why not...


Two important dates: March 2016 and January 1st 2021.

Firstly, prior to the 2014 referendum, the Nationalists proposed a date of March 2016 to secede.

Secondly, today - the end completion of Brexit five-and-a-half years after Cameron’s majority in 2015.

Brexit has demonstrated many things, primarily that splitting unions is not easy. The UKs membership of the EU was 47 years and by the end it was not at the heart of the EU. The Union has existed for over 300 as a unitary state.

Dividing a unitary state, like the UK, will not be easy. Frankly, it will make Brexit look simple. Questions of debt, currency, defence, and more will need to be resolved ... something not addressed with Brexit.

Starting with debt. Scotland will end up with its proportionate share of the UKs national debt. It’s not credible to suggest otherwise. Negotiating what is proportionate won’t be easy when both sides disagree.

It’s importance will be seen shortly.
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As @michaelgove admitted yesterday we are expecting significant disruption in our #trade flows with the EU in coming days. The fact he is willing to say this confirms what most of us feel, that problems are building. This thread is a summary of what I have learnt in the past week

DISCLAIMER I run a trade body and spent the week in my back bedroom on the phone to members, reading the media and on zoom calls. I’m not on the ground and I am not in the operation rooms. So my info is second hand and partial. No one has a complete view. IT IS HIDEOUSLY COMPLEX

The first obvious problem is the number of different actors involved. On the commercial side - within 1 exporter there are multiple depts. There is also the buying company and the logistics company. They all have to sync. 1 load of goods involves multiple commercial actors.

On the government side its even more complex. In UK there are dozens of departments and agencies involved, and the same if not more in every member state of the EU. there are hundreds of thousands of decision makers involved.

They all have the same rule book though - YES true but its 1200 pages long and it's 15 days old - also - here's the thing with red tape, it's open to interpretation. (It's why lawyers tend to drive nice cars) and so being BORDER READY means different things to different actors.
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George Riddell
George Riddell
@GeorgeMRiddell
Been a lot of discussion recently around services trade in the deal between the UK and EU. Having read through the agreement over the past couple of days, my impressions👇

First off, services is definitely included. Question for service providers, is will it be enough?

1/N

My overall impression is that the EU has offered among the best in class for its FTAs similar to Canada and Japan.

But this access is a far cry from access to the Single Market and how is constructed as part of a trade agreement for the EU reflects that.

2/n


Unlike for goods trade, once you've got a product through all the customs and regulatory procedures into the EU, it can be sold anywhere in the EU, or its "entered circulation".

For services trade, that isn't the case. Its still done on a member state by member state level.

3/n

This is even true in the trade agreement itself where although the provisions set out in the Services and Investment chapter sounds awfully good - lots of principles about the freedom to establish and allowing the cross-border trade in services.

It's only when...

4/n

You get to the annexes and you realise both the EU and individual member states have put entry conditions across huge areas of different services sectors both now (existing measures) & in the future. Don't worry too much about the future reservations, it's the existing ones.

5/n
BREXIT
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When we had a [Brexit] deal, I thought, we're saved all the rigmarole and hassle, it'll work sweet as a nut, but it hasn't happened," says Mr Flannigan. Instead, he says, it feels like the clock's been turned back 30 years
People really don't have a "sweet as a nut" clue do they?

Yes "30 years" and worse ..because you are now outside the Single Market & "worse" outside the Customs Union too . You're now trading under conditions more like Belarussia into EU without the customs & logistical capacity to handle the volumes. Your business will most likely fail

This was always so ..regardless of the "deal" esp with "87% of Berwick Shellfish's £1.7m sales go to France, Spain and Germany"
Next....
"The real test for me is the next two to three weeks, as inventory is depleted and orders increase," says Mr Munro.

"He thinks there's a window of opportunity now, for the authorities to fine tune the system before volumes are ramped up" .. "fine tune" Oh FFS...!! wake up.

The BBC report a litany of businesses not understanding the "deal" was always going to mean being outside the SM/CU

"Mr Dormer fears the "massive amount of aggravation" could mean business partners on the continent start to look elsewhere.".....errrr ...yes.

Note how though the report leads with a suggestion of EU "pettiness"
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🚨🚨🚨🇪🇺🇬🇧🚛🚒🇪🇺🇬🇧🚨🚨🚨 serious #brexit story alert - companies now starting to see penny drop on what rules of origin does to supply chains (food for example) but Brussels seems deaf to both EU & U.K. pleading. A bellwether? 😬 Stay with me. 1/


So first the problem: its a tad complicated but basically goods that are imported into UK and then 'hubbed' onwards into Ireland or other parts of the EU are facing full EU tariffs - this is particularly bad for food stuffs, which attract high tariffs. Why is this? /2

It's a function of the Rules of Origin clauses that mean that goods have to sufficiently "originate" in the UK to qualify for zero-tariff entry to EU (and vice versa).

But to qualify, you have to do something to the goods - process them or add value - not just punt them on /3

The brilliant @AnnaJerzewska does a better job than me of explaining, but the important thing is that this is a nightmare for companies that 'hub' /distribute products through the UK - and that's both EU and UK companies /4


So both the @Foodanddrinkfed and EU groups like @CAOBISCO_EU (chocs etc) say they want the EU Commission to fix this with a derogation/waiver that takes into account proximity and interdependence of EU/UK supply chains. /5
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