No-deal Brexit "back on table" if Article 16 is triggered

Author: Sasha WyliePublished 10th Nov 2021

By James Ward, PA

A no-deal Brexit will be back on the table if the UK proceeds with triggering Article 16 of the Northern Ireland Protocol, members of the House of Lords have told a Dail committee.

The UK's Brexit Minister Lord Frost is to make a statement on Wednesday that could signal a suspension of the post-Brexit arrangements drawn up with the EU.

Such a move is likely to spark retaliation from the EU, with talk of a suspension of the EU-UK trade deal that could result in a trade war.

Lord Jay of Ewelme, chair of the House of Lords sub-Committee on the Protocol on Ireland/Northern Ireland, said a triggering of Article 16 risked resetting negotiations and could result in a no-deal Brexit.

He said: "I agree with you very much on what to say about the risks of Article 16 being imposed or being triggered and the response to Article 16 by the European Union, potentially leading to all the complicated negotiations with the prospect of a no-deal as the last stage. That is one end of the spectrum.

"The other end of the spectrum, which I think we can't rule it out, and I certainly wouldn't want to rule out, although I must say that the prospects are not looking brilliant at the moment, is for a negotiated settlement to be reached between now and Christmas or over Christmas.

"I don't think we can rule that out.''

The comments came at a joint meeting between the Oireachtas Committee on the implementation of the Good Friday Agreement with the House of Lords Committee and the Seanad Special Select Committee on Brexit on Wednesday.

On Tuesday, Irish deputy premier Leo Varadkar said EU retaliatory action should be expected if London unilaterally activates Article 16 of the protocol to suspend post-Brexit checks on goods moving from Great Britain to Northern Ireland.

He said the Irish Government is reactivating no-deal contingency planning in preparation for a potential unravelling of the Brexit deal.

Talks between London and Brussels over the contentious protocol remain deadlocked and there is growing speculation that the UK is poised to trigger Article 16 in the coming days.