The United Kingdom Government has been given a sober and realistic
warning of the dangers of failing to address Northern Ireland’s border issues during
its negotiations on leaving the European Union.
It is no coincidence that the warning came from a Government of Northern
Ireland in the hands of senior Public Servants rather than politicians with
their many and varied axes to grind.
David Sterling, who for his sins has run the Province for more than a
year following the collapse of the power sharing Executive, wrote privately
some months ago to the then Permanent Secretary of the Department for Exiting
the European Union, Oliver Robbins, saying that its plans to deal with the
problem were unworkable.
That the letter was leaked, causing great glee in Brussels which has
been saying the same thing about the UK’s position for months, is hardly
Sterling’s concern. He had simply been providing the frank, free and fearless
advice that as a Public Servant he has a duty to do.
No doubt he found it liberating that he was able to write free of the
restraining hand of Northern Ireland Ministers who would almost certainly never
have allowed his letter to be sent in this form.
That freedom allowed him to state that the UK’s negotiators might have
made better use of local officials before drawing up their policy options. “We
would like to see a more intensive and open engagement between Whitehall and
Northern Ireland Civil Service officials,” he wrote.
He then went on to gently remind Robbins of a number of areas where the
input of local knowledge might have been of some use such as on the Good Friday
Agreement, cooperation between Northern Ireland and the Irish Republic, and
trade.
The UK currently has two options on the table in the negotiations. One
is what it describes as a ‘customs partnership’, under which London would collect
customs duties on the EU’s behalf. The second relies on a technological
solution that would assess duties remotely, avoiding a return to highly
sensitive checks on a reinstated hard border.
Both have been rejected as “magical thinking” by the EU side and some
MPs are saying the proposals are so preposterous they have been put forward
simply to fail.
The European proposal is that the customs border be removed from the
island of Ireland to the Irish Sea, but that has been firmly rejected by
members of the Northern Ireland Democratic Unionist Party who prop up Prime
Minister Theresa May’s Government in Westminster.
The problem would be solved if the UK stayed within the European Customs
Union after leaving the EU, but that is anathema to hardliners who want a
complete break.
None of this really matters to Sterling and his Government of officials.
In the absence of political leadership they continue do their job, setting out
the problems and the roadblocks. The next move is up to the politicians.
Robbins, now serving as Brexit adviser to Ms May, says the two UK border
proposals remain its basis for negotiation. Further talks are planned. He hopes
to have a resolution by October.
His chances look slim and meanwhile the people of Northern Ireland, who
voted substantially to remain in the EU in the June 2016 referendum, are left
wondering what their future will be.