Legislation overriding Northern Ireland Protocol will be 'lawful', claims British ambassador

Exclusive: Ambassador Paul Johnston said the protocol had become 'a divisive issue' and that the legislation which will seek to break an international treaty will be 'lawful'

Paul Johnston, the British Ambassador to Ireland, said the British government will not be tearing up an international agreement. Picture: Eddie O'Hare

British legislation overriding the Northern Ireland Protocol will be “lawful” but is not the “preferred solution,” according to the British Ambassador to Ireland.

Speaking on Friday, Ambassador Paul Johnston said the protocol had become “a divisive issue” and that the legislation which will seek to break an international treaty will be “lawful”.

“You can expect to see the British government coming forward early next week with some legislation, which is not obviously our preferred solution. Our preferred solution is a negotiated solution with the European Union to fix the problems of the protocol,” Mr Johnston told the Irish Examiner.

“Everyone accepts a need for improving it but there's a difference about the nature of the improvement and the scale of improvement. It's a debate you want to have which we haven't been able to have so far because the two sides' definition of the problem and how to address it has not overlapped."

Mr Johnston said proposals will be brought forward next week but Britain wants "to consult about that" and wants "to understand other people's perceptions".

Even we'd like to get to negotiate today because I think when you set aside some of the very few expressed differences on method, on aspects of our approach, it is important to stand back and think about what unites us.

The ambassador said the British government is “very preoccupied with problems in Northern Ireland” and the fact that the Northern Ireland Executive is not sitting due to the DUP’s refusal to appoint a first minister unless the protocol is dismantled.

International agreement

Mr Johnston added that the British government will not be tearing up an international agreement.

“The legislation we bring forward will be lawful [and] will be consistent with our international legal obligations. It will reflect the overriding powers attached to the Good Friday Agreement. I think the government is going to be setting out more detail on the legal position next week; we'll be publishing the legislation.

He said Britain was "acting basically in concern for the Good Friday Agreement" which he said is the overriding priority. 

"Everyone accepted the protocol was an attempt to reconcile the fact of Brexit with the overriding priority of preserving the Good Friday Agreement," he said. "There's clearly a difference between us and the European Union on exactly the best way to do that. We will come forward with our theories on that.

“I think we will stick by the policy, the values, principles that were articulated and will seek to make sure that what we're doing in the context of law is consistent with that.”

Mr Johnston added that the British government has no plans to review the Good Friday Agreement as it stands, amid calls for the removal of obligatory coalitions which have led to a number of Stormont stalemates.