The EU has removed 800 new laws affecting Northern Ireland without notice, the government says

Brussels imposed more than 800 new regulations on Northern Ireland without notice, according to Cabinet Office officials, in a move criticized by a senior minister.

Brexit minister Lord Frost told others the development showed the European Union did not take “seriously” the fact that it was legislating “for another territory” after Brexit.

The comments come after the Cabinet Office said Brussels had provided an update that the bloc had adopted more than 600 new measures affecting Northern Ireland in the last three months, with a further 200 in the pipeline.

The Northern Ireland Protocol aims to avoid a hard border with Ireland by effectively keeping Northern Ireland in the single market for EU goods.

The move, much to the annoyance of unionists, means the region continues to follow Brussels’ rules without being influenced by them.

The Joint Consultative Working Group was established as part of the UK’s divorce deal with the bloc to provide advance notice to businesses in Northern Ireland of changes to Protocol-related regulations.

I think the only thing that can be done is to give advance warning, and that’s not happening at the moment

Lord Frost

However, on Wednesday colleagues on the Lords Protocol on the Ireland/Northern Ireland Sub-Committee were informed that the EU had handed the working group a list of 800 new regulations without prior warning, of which more than 600 had already been agreed by Brussels.

Rebecca Ellis, director of the Northern Ireland/Ireland Unit at the Cabinet Office, said “there is still no effort to ensure the working group gives advance notice of changes”.

“Last Thursday we had what could be called a ‘fall’ of new measures, with a list of over 800 measures, of which I believe 666 have already been adopted,” the official said.

“And in many respects, no more information was provided than could be read in the official journal.”

Lord Frost confirmed these details when the Conservative Lord Hannon later mentioned it, announcing it was a “problem” in the current arrangement.

“Of course, the Joint Consultative Working Group should give us warnings in advance – if all it does is provide us with the information contained in the official journal in a different form, then it does not make much sense,” he said.

“He needs to give an early warning and I think the way he is acting at the moment is a bit of an indication of – how should I put it? Without taking entirely seriously the fact that the EU is making laws for another territory – these are laws imposed on another territory without process.

“I think the only thing that can be done is to give advance warning, provide understanding, provide a chance for feedback and consultation, and that is not really happening at the moment.”

Former MEP and Brexit campaigner Lord Hannon responded: “It seems to me, prima facie, that it shows a striking lack of good will and good faith.”

During the session, Lord Frost – who negotiated the UK’s exit from the EU – refused to comment on whether the Protocol was “fit for purpose”.

He argued, as he had previously done with Northern Ireland Secretary Brandon Lewis, that both sides must strive for a “new balance” on post-Brexit terms.

Asked whether the Protocol was fit for purpose, he replied: “I’m not sure I would characterize it that way or pass judgment on it.”

Pressed on why he would not take a position, the cabinet minister replied: “Because we need to find out – and that’s what we’ve been trying to do over the last few months – whether it’s possible for these arrangements to work in a way that strikes a different balance.

“We haven’t had this kind of discussion with the EU, but we would like to.”

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