An Accepted Code of Behaviour
The word “protocol” comes from Greek and means, amongst other things, “an accepted code of behaviour”. The question here is how long behaviour has to continue in Ireland before it can be regarded as “accepted”. In the dawn of the 20th century, my great-grandfather was deputy head of the Royal Irish Constabulary. Sinn Féin was founded in 1905 and won 73 of the Irish 105 seats at the 1918 general election. The loyalist Black and Tans were formed in response and the troubles which had begun in the 19th century continued until partition in 1922 created the border. Come Brexit, Dublin, backed by Brussels, announced that the border was unpoliceable, contrary to the Good Friday Agreement and would cause sectarian violence. Despite nearly 100 years of evidence to the contrary, the UK government foolishly agreed and tied itself into the knots we now call the protocol.
My great-grandfather’s memoirs record that he got along pretty well with both Catholics and Protestants. He was from the north himself. Of course, he detested the violence and did his best to catch those responsible but the interesting point was that he blamed Whitehall for the troubles, not the Irish. Much the same could have been said of Cyprus in the 1950s. Whitehall had no understanding of local feelings.
From the moment the Irish protocol was agreed in December 2020, it was clear that, from the UK’s point of view, it would not work. Paperwork and controls would be excessive, legal product in one part of the UK would be illegal in another and trade would be distorted in that it would shift from Britain to the south of Ireland. The protocol specifically makes this last issue a valid reason for renegotiating it.
Of course, Dublin and the EU always knew this would happen. An EU official, Martin Selmayr, is reported to have said “Northern Ireland is the price to pay for Brexit,” but that is disputed. There is no doubt however that Dublin was closer to Brussels than Belfast was to London. And that is the nub of this blog: the UK government of the day always considers it knows best and there is no need to involve the locals. Belfast barely took any part in the negotiations except on one occasion when they invited the Sinn Féin leader. Brilliant! They then spent two years of failing to renegotiate the protocol by endlessly repeating the same cycle. Whitehall threatens to tear up the protocol; Brussels and Washington say “no you cannot”. Round and round we go and get nowhere.
In fact, there is no need to tear up the protocol. It includes the rationale for amendment and the process for so doing. Whitehall has, however, so misplayed its hand, and alienated the French, Germans and Americans in particular, that it will never succeed and should bow out. The Dublin and Belfast governments have surprisingly good relationships and should be invited to come up with a joint solution.