Briste
By Catherine Baker | Sept. 21, 2020
On September 9, the UK Internal Market Bill was introduced in Parliament. This is the Conservative Party’s most recent and targeted affront to their deteriorating relationship with the European Union — and to peace in Ireland.
This bill, as submitted, changes certain terms of the UK-EU Withdrawal Agreement. In and of itself, this could be disastrous for a smooth transition from the European market. But even worse, once again, we see the rights and wishes of the people of Northern Ireland being ignored and merely used as a tool by the British Government.
The UK Internal Market Bill is an intentional measure to break with the EU withdrawal agreement and breaks international law. However, the Conservative Party argues that their intentional violation is acceptable because it is only in a “very specific and limited way.” The bill would allow the United Kingdom to override provisions of the market after it is a singular market. Specifically, it means to alter the provisions that pertain to Northern Ireland and its access to the EU market, which would result in a customs border with the Republic of Ireland — a direct violation of the Good Friday Agreement (GFA). The Conservative Party has forgotten or is purposely overlooking the arduous process that culminated in the GFA just over 20 years ago. Many Ulster residents keenly remember the decades of violence amongst neighbors preceding the GFA. It was a landmark diplomatic peace deal that has stood many tests — until now.
The GFA established Northern Ireland as an in-between land, a legal purgatory. While the six counties of Northern Ireland are part of the United Kingdom and governed by a devolved government, its residents are allowed to choose the citizenship of their identity (British, Irish or both). It also removed the “hard” border between Northern Ireland and the Republic of Ireland to allow for freedom of movement and economic intertwining. During Brexit negotiations, Northern Ireland (whose people, including Unionists, voted to remain) was the main sticking point for a final agreement. In the end, the Northern Ireland Protocol was included. It was not extremely detailed because it did not need to be. The GFA is strong enough on its own, has proven itself incredibly resilient, and is clear on the impossibility of a hard border on the island.
The United States is a guarantor of the Good Friday Agreement and ofto peace in Ireland. It cannot stand by while the United Kingdom plans to intentionally violate international law and jeopardize the Good Friday Agreement. This bill and the rhetoric of Members of Parliament cannot not be left unchallenged. Beyond reneging on the EU withdrawal agreement (which itself is grounds enough to condemn the legislation) the United States has a moral obligation to defend the Good Friday Agreement from the United Kingdom’s continual attempts to undermine it as they have repeatedly since the Brexit referendum.
Prominent US leaders, especially those with ties to Northern Ireland such as the Clintons, need to publicly condemn the UK Internal Market Bill as a breach of international law and of the norm of adherence to agreements. American lawmakers should also consider conditionalizing the fledgling US-UK trade deal (which does not benefit Northern Ireland) on the renouncement of the bill. If the United Kingdom is so easily willing to break deals with both the EU and Northern Ireland, the United States should not put itself and its economic interests in an already-precarious, new market.
If the United Kingdom is intent on forcing Northern Ireland away from its legal connection to the European Union, it is likely that Northern Ireland will invoke the right to a referendum as enumerated in the GFA. Ulster could vote to leave the United Kingdom and form a United Ireland.
The United States needs to recognize this possibility now and begin to lay the groundwork for a new relationship before an un-United Kingdom is ever closer to becoming a reality. The US government and industry should invest in a stronger, more robust, and more public economic and political relationship with Northern Ireland. US companies should be strategic and consider Northern Ireland for both its UK and EU headquarters. This will have a win-win-win effect for the United States: showing concrete support for Northern Ireland could persuade the United Kingdom to back off this illegal position; it fulfills their commitment as a guarantor of the GFA; and creates a stronger US-NI bilateral relationship in the future case of Éire aontaithe.
The United States was a critical player in the negotiation and continued success of the Good Friday Agreement. With the recent passing of towering figures of peace John Hume and Seamus Mallon, it falls to everyone else who contributed to the years of listening, deliberating, and valuing the rights of the Northern Irish to fight for the continued success of the accord. The United States has this obligation as well as an obligation to protect its own values and interests in greater Europe, especially in the British Isles.
Catherine Baker is a Global Politics and Security student in the M.S. in Foreign Service program at Georgetown University. She is a Charles B. Rangel International Affairs Fellow and focused on political diplomacy. She studied Environmental Science and Policy at the University of Maryland. After short stints in a variety of countries, she returned to the U.S. to work for the U.S. Department of State. Catherine is passionate about global water security issues and the politics of language — she speaks French, Urdu, Hindi, Persian, and Irish.
