From Oven-Ready to Indigestible: The Protocol On Ireland/Northern Ireland

Northern Ireland Legal Quarterly, 2022

30 Pages Posted: 3 Oct 2022 Last revised: 13 Dec 2022

See all articles by C. R. G. Murray

C. R. G. Murray

Newcastle University - Newcastle Law School

Date Written: September 25, 2022

Abstract

Boris Johnson repeatedly presented the EU/UK Withdrawal Agreement to the UK electorate as an “oven ready” deal amid campaigning for the December 2019 general election. Subsequent events, however, have illustrated just how much of the deal remained to be worked out before the Protocol on Ireland/Northern Ireland could actually be put on the table in the way Johnson sold the dish to the electorate, and the degree to which its implementation (the spell in the microwave, as Johnson extended his metaphor) would be contingent upon the progress of the EU/UK Future Relationship negotiations. This article examines the fissures which rapidly emerged between the UK and the EU over significant elements of the Protocol, and whether Johnson’s deal was inherently more unstable than the deal negotiated by his predecessor Theresa May. It explores how these profound divisions over its terms prevented the implementation of the Protocol as drafted and what might be left of the Protocol in the wake of the Northern Ireland Protocol Bill.

Keywords: Brexit, EU/UK Withdrawal Agreement, Northern Ireland, Implementation, Enforcement

Suggested Citation

Murray, C. R. G., From Oven-Ready to Indigestible: The Protocol On Ireland/Northern Ireland (September 25, 2022). Northern Ireland Legal Quarterly, 2022, Available at SSRN: https://ssrn.com/abstract=4233389 or http://dx.doi.org/10.2139/ssrn.4233389

C. R. G. Murray (Contact Author)

Newcastle University - Newcastle Law School ( email )

Newcastle upon Tyne, NE1 7RU
United Kingdom

HOME PAGE: http://www.ncl.ac.uk/nuls/staff/profile/colin.murray

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