The Government has today (Wednesday 20 May) published its approach to implementing the Northern Ireland Protocol, as part of meeting in full its obligations under the Withdrawal Agreement with the European Union.

The command paper outlines how the protocol can be implemented in a pragmatic, proportionate way: one that protects the interests of the people and economy of Northern Ireland, recognises Northern Ireland’s integral place in the United Kingdom and its internal market, provides appropriate protection for the EU Single Market, and respects the unique circumstances of Northern Ireland.

It makes clear that the UK Government’s priority will remain strengthening Northern Ireland’s place in the United Kingdom, and above all, preserving the huge gains from the peace process and the Belfast (Good Friday) Agreement.

The paper also sets out four key commitments that will underpin the UK Government’s approach to implementing the Protocol:

• There will be unfettered access for Northern Ireland’s producers to the whole of the UK market and this will be delivered through legislation by the end of the year.
• No tariffs will be paid on goods that move and remain within the UK customs territory
• Implementation of the Protocol will not involve new customs infrastructure – with any processes on goods moving from Great Britain to Northern Ireland kept to an absolute minimum so that the integrity and smooth functioning of the UK internal market is protected.
• Northern Ireland’s businesses will benefit from the lower tariffs delivered through our new Free Trade Agreements with countries like the United States, Australia, New Zealand and Japan – ensuring Northern Ireland firms will be able to enjoy the full benefits of the unique access they have to the GB and EU markets.

As set out in the paper, the Protocol will only remain in force as long as the people of Northern Ireland want it to. Democratically elected institutions in Northern Ireland will decide whether to extend or end the arrangements in a consent vote that can take place every four years, with the first vote taking place in 2024.

Chancellor of the Duchy of Lancaster Michael Gove said:

At the heart of our proposals is a consensual, pragmatic approach that will protect the Belfast (Good Friday) Agreement and the huge gains from the peace process.

Implementing the protocol in this way will ensure we can support businesses and citizens, and protect Northern Ireland’s place in the UK’s customs territory while upholding our commitments to the EU’s Single Market. Northern Ireland will benefit fully from its access to the UK and EU markets.

The whole of the United Kingdom will be able to capitalise on the opportunities that will come from forging our own path and striking new free trade agreements with countries around the world.

The Secretary of State for Northern Ireland, the Rt Hon Brandon Lewis CBE MP, said:

The UK Government’s top priority is to protect the huge gains of the Northern Ireland peace process and as a new chapter opens in the United Kingdom’s relationship with the European Union, we are committed to ensuring prosperity and opportunity for all communities in Northern Ireland.

These proposals will implement the Protocol in a flexible, proportionate and sensitive way – while protecting the interests of both the whole of the UK and the EU. Our approach represents a practical way of implementing the Protocol while making sure that businesses in Northern Ireland can take full advantage of the opportunities presented as the United Kingdom begins to forge new trade links across the globe.

Today’s publication also sets out plans to establish a new business engagement forum, which will meet regularly to allow Northern Ireland’s businesses to put forward proposals and provide feedback on how to maximise the free flow of trade. The Northern Ireland Executive will be invited to join the forum.

I understand that in responding to my reports the Home Office will always want to accentuate the positives. But, this can give the appearance of selective hearing.

It is true that the Home Office’s handling of Administrative Reviews (ARs) has improved since I inspected it first in 2015 (when it was poor) and again in 2017 (when it was better but still required work). My latest report shows that ARs are now generally effective at identifying and correcting “objective” factual or process errors, albeit too slow to put things right in some cases.

However, the report also points to several areas where ARs are not working, including where the decision to refuse involved an assessment of the applicant’s credibility, and at the border where individuals are being asked to waive their rights to an AR without appropriate oversight.

I have argued that, after almost five years, the Home Office should be thinking beyond merely tweaking its processes and should be asking whether the Administrative Review system has delivered the benefits, including for applicants, that it claimed it would during the passage of the Immigration Bill 2014, when the proposed removal of appeal rights was the subject of considerable concern in Parliament and elsewhere. If the answer is “no”, or “not yet”, it needs to take a more fundamental look at the scope of ARs and at what it is seeking to achieve through them.

The Home Office has said that it is conducting an evaluation, which it aims to complete by the “end of summer 2020”. This needs to be comprehensive and transparent if it is to convince the department’s doubters that it is willing to listen and learn; though the test goes much wider than ARs. However, some of its responses to this latest report suggest only a qualified acceptance of the need to be more open and more adaptable.

Before starting this inspection, I inspected the Home Office’s handling of complaints. My report was sent to the Home Secretary on 4 July 2019 but remains unpublished, although I am aware that work is going on in the department on this subject. The two systems are distinct, but there are obvious cross-overs. To be of value, each has to be efficient and effective at providing remedies and redress, including an apology, where the Home Office is at fault. Both are opportunities for the Home Office to show its “human face”, as it has tried to do in its handling of ARs in respect of EU Settlement Scheme decisions.

I hope that when it responds to my complaints handling report the Home Office is able to demonstrate clearly that it recognises the importance of these systems to the rebuilding of trust in its intentions and its competence. In my view, the AR response does not quite manage this.

The cooperation agreement was signed by Polish deputy infrastructure minister and government commissioner for CPK Marcin Horała and the British ambassador to Poland Jonathan Knott (on behalf of Parliamentary Under Secretary of State at the Department for International Trade, Graham Stuart). The agreement envisages readiness for cooperation – involving a Polish-British consultation team – on designing airport and rail infrastructure, spatial planning for areas around the airport and issues relating to sustainable development and project digitisation.

The agreement is part of a continuing Polish-British cooperation on the CPK project. In June and September 2019, British Embassy Warsaw hosted workshops that paved the way for initial architectural concepts for the Solidarity Airport. The proposals were submitted by internationally renowned architecture firms Foster+Partners, Chapman Taylor, Zaha Hadid Architects, Grimshaw, Benoy, Pascall+Watson, Woods Bagot, Populous and KPF.

The British aviation sector has much experience and know-how to offer toward planning, designing and building the Solidarity Airport and 1600 km of new railway lines including high-speed lines. Minister Graham Stuart said:

I’ve previously met with Polish ministers to champion UK expertise in delivering their ambitious plans to transform Polish connectivity, so I’m particularly proud to announce the deal we’ve struck with Poland’s Infrastructure Ministry today. Poland is an ever more important trade partner for the UK and I’m delighted that, after more than two years work by my department, British firms’ experience and expertise can be at the heart of delivering this major boost to Poland’s trade and prosperity.

The UK is home to some of the best project management, engineering, architecture and finance experts in the world. It is the role of our dedicated trade department, DIT, through trade support and export finance, to make sure their brilliance is showcased on the world stage.

CEO of the Solidarity Transport Hub, Mikołaj Wild, said:

Representatives of the British aviation sector have worked with us shoulder to shoulder since a very early stage of the CPK project. I deeply hope that this cooperation will continue. We value the experience of British companies, gained in the course of realization of large infrastructure projects not only in their own country but also in other parts of the world.

Polish Government Commissioner for the Solidarity Transport Hub, Marcin Horała, said:

Large infrastructure projects such as the Solidarity Transport Hub respond to the transport needs of citizens and countries, but also provide an opportunity to exchange specialist knowledge and experience. I’m confident that cooperation with the UK will help build a modern, comfortable and epidemiologically safe airport.