Jim Allister KC MP slams new ‘West-East’ Irish Sea Border as UK faces fresh division.
In a move that has sparked outrage among Unionists and Brexiteers alike, the government commenced enforcement of the West-East Irish Sea Border last week and has not limited this to catching goods moving from the Republic through Northern Ireland to Great Britain.
The new export procedures, introduced under the Windsor Framework (UK Internal Market and Unfettered Access) Regulations 2024, mark the first time that some Northern Ireland goods face export procedures when moving to the rest of the UK.
Veteran Unionist and TUV leader Jim Allister KC MP has issued a stinging rebuke of the latest development, branding it a deliberate erosion of the UK’s territorial integrity.
“For years we were told that the Irish Sea border was a one-way issue and that while goods moving from GB to NI would be subject to fettered access, at least goods could move freely from NI to GB.
“That was always a nonsense, because if the border was not on the international border, there would have to be a way of checking goods to differentiate those coming from the Republic from those coming from Northern Ireland. Today we will begin to see it enforced on goods going from Northern Ireland to Great Britain.”
NEW EXPORT RULES DIVIDING THE UK
Moreover, under the new regulations, five categories of goods moving from Northern Ireland to Great Britain will now also be subject to export procedures, a first in the history of the UK.
The Five Categories to which export procedures will be applied to goods moving from NI to GB are:
Export procedures will be applied for the first time in the following five areas
- 1. are placed under a procedure listed in Article 210 of that Regulation,
- 2. are in temporary storage in accordance with Article 144 of that Regulation,
- 3. are subject to provisions of Union law falling within the second sentence of Article 6(1) of the Windsor Framework1 which prohibit or restrict the exportation of goods,
- 4. are placed under the export procedure within the Union in accordance with Title V and Title VIII of that Regulation, or
- 5. do not exceed EUR 3 000 in value and are packed or loaded for export shipment within the Union, in accordance with Article 221 of Regulation (EU) No 2015/2447
While the Government insists the impact is minimal, Allister has called out the double standards, stating:
“No matter how minimal the effects, they still amount to cementing in the Irish Sea border because no such export procedures are required for the movement of any goods within the rest of the UK. This is wrong!”
The shift has led to renewed calls for immediate action to undo the border arrangements and restore full internal UK trade without EU interference.
THE ‘GAME-CHANGER’ IN THE BORDER DEBATE
However, the enforcement of this West-East border has unexpectedly exposed a major flaw in the entire Irish Sea border rationale.
“It would seem that having submitted their customs and SPS forms electronically in advance, lorries will be told, before leaving home, whether to attend an inland border control post or another place away from the border, including their destination, for checks.”
According to Allister, this proves that the Government’s original justification for the Irish Sea border was deeply flawed. If such a system can work for goods moving from Northern Ireland to Great Britain, why was it not used for goods moving from the Republic of Ireland into Northern Ireland instead of shifting the EU’s border into UK waters?
“This arrangement removes any justification for the Irish Sea border. It was only imposed because we were told there could not be a hard border on the actual international border and so the border must be moved to the Irish Sea.”
Allister has demanded answers from the UK Government, arguing that if electronic customs systems are now deemed acceptable, then the entire hard border narrative used to justify the Irish Sea divide collapses.
CALL TO SCRAP THE NEXT PHASE OF BORDER EXPANSION
With the Government planning to introduce a ‘Parcels Border’ on 31 March, Allister is demanding an immediate halt, arguing that this is an unacceptable continuation of the EU’s grip over Northern Ireland. He is calling for the Government to instead adopt Mutual Enforcement, a system first proposed by Sir Jonathan Faull, which would allow both the UK and the EU to enforce their own trade rules without erecting a hard border or disenfranchising the people of Northern Ireland.
“The Government should now abandon introducing the next part of the border, the Parcels Border, on 31 March, and work to replace the Irish Sea border with Mutual Enforcement.”
With the West-East Irish Sea Border now a reality, and growing anger over the continued disenfranchisement of Northern Ireland, pressure is mounting on the UK Government to act. Will Rishi Sunak finally stand up for the Union, or will he allow the steady erosion of the UK’s internal market to continue unchecked?
Only time will tell, but one thing is certain: the fight for Northern Ireland’s place in the Union is far from over.
Details about the application of the West -East Irish Sea Border can be found here: Moving non-qualifying Northern Ireland goods from Northern Ireland to Great Britain – GOV.UK
The new export procedures being applied to some goods moving from NI to GB are set out by S. 45B of the Internal Markey Act, inserted by the Windsor Framework (UK Internal Market and Unfettered Access) Regulations 2024
The regulations that make provision for a border without hard infra-structure on the border are here: The Official Controls (Amendment) Regulations 2024
Mr Allister’s Mutual Enforcement Bill can be accessed here: European Union (Withdrawal Arrangements) Bill – Parliamentary Bills – UK Parliament
