Introduction: The Irish Sea Border in Context

Since Joe Biden's election, the debate over the Irish Sea border has intensified, with many misinformed claims surrounding its necessity and feasibility. This article aims to clarify the complexities of this issue and explore its broader implications for the UK and its trading partners.

Understanding the Irish Sea Border

The contentious Irish Sea border emerged as a critical point during the Brexit negotiations. However, the assertion that it is solely a political decision is nothing more than a strawman argument. A substantial body of evidence indicates that maintaining a border was a necessary legal and practical requirement due to the terms of the Withdrawal Agreement.

The Irrelevance of Joe Biden's Election

The election of Joe Biden has had little bearing on the necessity of the Irish Sea border. The key question remains: how can Northern Ireland (NI) and the Republic of Ireland (ROI) avoid a hard border without remaining in the same customs environment as the UK?

Consequences of Separate Customs Environments

Allowing goods to move freely between the UK and the EU without checks would violate World Trade Organization (WTO) rules, leading to legal challenges and penalties against the UK. On the other hand, establishing a border between NI and the EU would be seen as a violation of the Good Friday Agreement (GFA), which guarantees the peace and freedom of movement.

Challenges in Implementing Non-Hard Border Solutions

Despite four years of preparation, no viable customs system has been developed. The technical complexities and political constraints have delayed implementation, with no solution in sight until the end of 2022. This raises questions about why the same border issues persist in other contexts, such as the Kent garage and the Dover scenario.

Implications for Future Trade Agreements

If the UK wishes to maintain trade deals with either the EU or the US, it must adhere to the commitments in the Withdrawal Agreement. This includes respecting the terms that prevent a hard border in the Ireland/Northern Ireland region. The UK’s ambition to be a significant player in global trade requires navigating these complex legal and political landscapes.

Conclusion

The Irish Sea border remains a critical issue that the UK must address. A true commitment to peace and stability in Northern Ireland requires a realistic and workable solution. The challenges may be significant, but the stakes are even higher. The UK must continue to work toward a viable and fair agreement, demonstrating its commitment to both domestic and international commitments.