Brexit ultimatum: Article 16 trigger imminent as UK seeks legal advice on changing EU deal

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    Britain and the EU have been embroiled in an ongoing dispute over the Brexit deal for Northern Ireland. But the UK is reportedly looking for new legal advice as it prepares to use Article 16 to rewrite the Northern Ireland Protocol.

    The Financial Times cited two people with knowledge of internal Whitehall discussions as saying the move would enable Attorney General Suella Braverman to back the Government’s plans.

    They added that there were fears existing advisers would not support the Government.

    One told the newspaper: “They want to leave Braverman free to opine without there being any conflicting advice out there.”

    However, Downing Street insisted it was untrue to suggest Brexit Minister Lord Frost was standing down existing legal advisers.

    No 10 said: “It is normal practice to commission legal advice from a wide range of sources on matters of this significance.”

    The Protocol is aimed at avoiding a hard border with Ireland and the terms effectively kept Northern Ireland in the EU’s single market.

    But since it came into force at the start of the year it has disrupted trade between Great Britain and Northern Ireland.

    The UK has been calling for the deal to be rewritten.

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    “While there is some overlap between our positions on a subset of the issues, the gaps between us remain substantial.

    “As we have noted before, the EU’s proposals represent a welcome step forward but do not free up goods movements between Great Britain and Northern Ireland to the extent necessary for a durable solution.

    “Nor do they yet engage with the changes needed in other areas, such as subsidy policy, VAT, and governance of the Protocol, including the role of the Court of Justice.

    “Our position remains that substantial changes to the protocol will be needed if we are to find a sustainable solution that works in the best interests of Northern Ireland and supports the Belfast (Good Friday) Agreement.”

    A Commission spokesman said: “The vice-president recalled that the European Commission’s proposed bespoke arrangements are unprecedented and far-reaching.

    “They address the concerns raised by the people and businesses of Northern Ireland.

    “He called on the UK Government to engage constructively with these proposals.

    “It is now essential to find common ground between the EU and UK’s respective positions.

    “We owe it to the people of Northern Ireland to find stable solutions as soon as possible. The commission will spare no effort in this endeavour.”

    Mr Sefcovic and Lord Frost are set to meet in Brussels this Friday for further discussions.



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