Plans for 'seamless' Irish border could restrict UK's ability to strike new trade deals

Efforts to avoid a return to a hard border between Northern Ireland and the Republic risk creating a back door for illegal migration and could constrain Britain's ability to strike new trade deals.
David Davis (left) and Michel BarnierDavid Davis (left) and Michel Barnier
David Davis (left) and Michel Barnier

Publishing its latest position paper ahead of this month's Brexit negotiations, the Government has reasserted its commitment to maintaining a "seamless" border between the two nations.

However, despite setting out plans to protect the flow of Irish and UK citizens under the Common Travel Area (CTA), it has failed to explain how it will control the flow of non-Irish immigrants into the UK.

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It has also revealed that it is willing to abide by EU food and agricultural regulations after Brexit, which could restrict the country's flexibility to secure new trade agreements with country's like the US.

The document follows a separate paper published on Tuesday which set out the Government's plans to minimise the need for an EU-UK customs border once Britain leaves the Customs Union.

This included proposals for membership of a temporary customs union, followed by the creation of a new customs partnership which would see the UK "mirror" EU customs rules at its external borders.

The new paper reveals that the UK would seek to take this further at the Irish border, with cross-border trade exemptions for small businesses, and a "trusted trader" scheme which would reduce declaration requirements.

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Irish politician Mark Daly has already warned that the plans equate to a "smugglers' charter". He told the BBC's Today programme that the idea of a frictionless border "appears more like fiction".

"There are trade differentials between the UK and other non-European powers, offering a back door to Europe so people would import goods that are cheaper under tariff arrangements with the UK and then bring them into the Republic and on into the EU," he said.

"Of course the UK want an advantage economically over the EU and will do preferential trade agreements with non-EU countries and, you know, that becomes a smuggler's charter on this island."

The Government has confirmed that it wants to avoid a return to a physical border between Northern Ireland and the Republic, relying on alternative methods such as digital records and monitoring schemes.

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It has stressed that it wants to uphold the conditions of the Good Friday Agreement, the CTA and other historic agreements with Ireland, including the right of UK and Irish citizens to live, work and study in each others countries.

However, it does not explain what checks would be put in place to prevent EU and non-EU nationals who have been granted entry to Ireland from travelling on to the UK, and potentially taking up illegal work.

Despite committing to the CTA, the paper claims "wider questions about the UK's future operation of its... border and immigration controls" can only be determined in the second phase of Brexit negotiations.