Rishi Sunak is a busy man. Yesterday he was in Belfast in an effort to sell the deal he has agreed with the EU on implementing the NIP to the political parties in Northern Ireland, particularly the Democratic Unionists. Today he's in Munich at a global security conference where he's expected to meet Ursula Von der Leyen to try and get her to make last-minute concessions, presumably ones demanded by unionists on Friday. He has a big problem with the DUP. As I know from bitter experience, selling something to someone that they neither want nor need is usually a fruitless task.
Even if the seven tests set by the DUP are met in full (and almost certainly they won’t be) I am not sure they will ever accept the deal. There is speculation that their real issue in refusing to enter the power-sharing executive is that the first minister’s job will go to political rivals Sinn Fein as the largest party.
James Crisp, the Telegraph’s Europe editor, thinks the DUP will prefer to delay things and go for new elections as set by the UK government for this May in the hope they increase their number of seats. Donaldson faces pressure from the hard-line TUV and for him to accept anything less than the total scrapping of the NIP would be quite a humiliating climb down. Unionists know popularity among their supporters depends on opposing something, anything almost.
Yesterday morning on Radio 4, Sammy Wilson, the DUP’s bruiser-in-chief, seemed to object to the whole idea of EU law applying in Northern Ireland, not just a role for the ECJ. I don’t know how he thought NI can remain in the EU single market under those circumstances and how that would square with no land border.
Much of the recent activity has been driven by the USA readying things for a visit in April by Joe Biden to celebrate the 25th anniversary of the GFA. They will never accept a land border under any circumstances. Meanwhile, the DUP would like to see the GFA scrapped along with the NIP (sorry!).
It is not as if DUP leader Jeffrey Donaldson is desperate and I imagine he and his colleagues will take some convincing. Sunak needs a deal far more than they do.
Adding to that, he says the existing NIP was (and read this carefully) "a huge concession by us – albeit one we had little choice in making – to allow the EU to set the laws and terms of trade in part of our country."
His main complaint seems to be that Sunak and foreign secretary Cleverley are using charm to get concessions from the EU, instead of threats and belligerence. Dropping the NI Protocol Bill is seen as ‘disarming’ by the UK government in a warlike reference typical of him. That and the 'secrecy' surrounding the current talks, which again is a bit rich.
He says he’ll look “carefully at any deal that emerges” as if his opinion counts for something now.
Frost claims he doesn't want "endless friction with Europe" - who knew that eh? He does want a better deal but not one that results in the UK becoming an "endless supplicant, an economic and political satellite of the EU." This is precisely what we are but he can't see it.
He ends with a familiar call and says (no kidding), "If the deal is poor, go back to the Protocol Bill. No deal is still better than a bad one."
On one of the sticking points, the role of the ECJ, Jessica Parker, the BBC's Brussels correspondent tweeted a long thread:
NEW: The European Commission’s @MarosSefcovic has put member states on alert for a possible deal on the #NorthernIreland Protocol at short notice – according to #EU diplomats.He gave no timeline however. “It’s unclear if it’s a matter of days or weeks,” said one...🧵— Jessica Parker (@MarkerJParker) February 17, 2023
Maros Sefcovic, the VP for international relations at the Commission met EU ambassadors yesterday to forewarn them of an agreement being reached and according to reports, said the EU’s position on the ECJ had not changed, he was apparently, "crystal clear" on that.
This may be crucial. The DUP will either have to swallow it or again refuse to join the power-sharing executive. It’s a high-stakes game.
The question that nobody is asking is this one: What happens if the DUP don’t accept the deal?
It seems to me, there are only two possible options then. Either the government faces down Unionists and the ERG headbangers and forces it through with Labour’s help or it reverses Johnson’s hard Brexit, going for more alignment with the EU.
Personally, I can’t see Sunak or Starmer even trying the first. The risk to peace would be totally unacceptable. This leaves just one……
Given these choices is it any wonder that Sunak is doing his utmost to get the NI parties to accept whatever is on the table?
If he fails, and with the public increasingly turning away from Brexit isn’t the easiest and the most obvious option to go for a soft Brexit? It would shoot Labour's fox, be a fillip to the British economy, a relief to much of our industries and probably widely welcomed.
There would be an outcry from the ERG and the DUP but the voters might even reward Sunak in a year or two. It would be an irony for DUP intransigence to trigger a return to the EU, but who knows?