The new NI protocol negotiated by British Prime Minister Boris Johnson to replace the Irish backstop in the latest Brexit withdrawal agreement continues to be met with an unenthusiastic response by the agri-food industry in NI.

Speaking at a House of Lords EU Select Committee this week, Ulster Farmers’ Union (UFU) President Ivor Ferguson was lukewarm in his assessment. “We could live with it if the alternative is no deal – we prefer it to no deal,” he told members.

However, he was clear that the UFU had lobbied for frictionless trade both within Ireland and to our largest market in Britain, and with customs checks on goods coming into NI from Britain, and exit declarations for goods in the other direction, this deal does not deliver that.

“The original Theresa May deal kept all of the UK in the EU customs union, and that solved a lot of issues,” said Ferguson.

He also told committee members that there are many issues with the deal that are yet to be clarified. Included within that is whether dairy companies that dry NI milk into powder at sites in the Republic of Ireland, will then be able to export that powder to third countries utilising EU trade deals. Africa in particular is an important outlet.

“Some answers we have received leave us confused. When we asked in Whitehall they told us ‘yes’. When we enquire in Brussels, they are not so sure,” said Ferguson.

Joining Ferguson at the House of Lords meeting was Dr Katy Hayward from Queen’s University Belfast. She indicated that the latest deal effectively puts the EU external border down the Irish Sea.

However, while a future free trade agreement (FTA) between the UK and EU could help limit the amount of trade friction between NI and Britain, the level of controls ultimately required will also be determined by FTA’s done between the UK and other countries. “It is not just about the future EU/UK FTA,” she said.

With a general election planned for 12 December, whether Johnson’s deal becomes reality or not will depend on the outcome of that vote.

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