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The Irish backstop: Brexit's central conundrum

The question of what happens to the border between Ireland and Northern Ireland following Brexit barely registered as a consideration in advance of the United Kingdom's referendum on membership of the European Union. But the border between the two is now the crucial piece to unlocking the Brexit puzzle.

The prospect of reintroducing some sort of infrastructure to facilitate customs inspections should the U.K. leave the customs union would appear sensible, but, in Ireland, a reintroduction of a physical barrier raises sensitive historical considerations.

SNL Image

A billboard on a road near the Irish border calls for politicians to avoid reintroducing a barrier between the two countries.

Source: Associated Press

Historic implications

With the independence of Ireland from the United Kingdom in 1922, a number of checkpoints were introduced at the border with Northern Ireland to facilitate trade and collect taxes. While the introduction of the single market in 1992 eliminated checks in goods, British military checkpoints remained amid civil unrest in the region. During the period referred to as "The Troubles," military checkpoints were a symbol of the violence that claimed thousands of lives. They were only phased out following the 1998 Good Friday Agreement, the culmination of the peace process.

The prospect of a new barrier has raised significant alarm with leading figures in the police and armed forces warning of a flare up in tensions.

The withdrawal agreement

The solution agreed by former U.K. Prime Minister Theresa May and her EU counterparts was called the "backstop." The idea being that until a long-term solution can be found — most likely involving technology to remove the need to stop and check lorries carrying goods — the U.K. would remain in a customs union with the EU, thus eliminating the need for a hard border with Ireland.

The inclusion of the backstop led to Theresa May's deal being voted down by Parliament three times and her eventual replacement by Boris Johnson who has insisted that it cannot be part of any future agreement because it risks the U.K. remaining stuck in the EU's orbit until both sides agree an alternative arrangement.

A physical barrier is therefore in no one's interest. But, as the technology to facilitate customs checks without physically stopping lorries does not yet exist, there are scant other workable solutions on the table.

Another option that has been floated is the prospect of Northern Ireland remaining in the customs union until the border problem is resolved, but Northern Ireland being in a separate regulatory framework to the rest of the United Kingdom has been deemed unacceptable by unionists — primarily the DUP, a group of 10 MPs in Northern Ireland whose backing gave the Conservative party their majority in parliament — fearful of a slippery slope that could lead to an eventual reunification with Ireland.

SNL Image

The bad old days. British troops stand guard in Londonderry, Northern Ireland during civil unrest in 1969.

Source: Associated Press


New rules

Having previously refused to contemplate any change to the withdrawal agreement terms agreed by Theresa May, German Chancellor Angela Merkel gave May's successor Boris Johnson 30 days to propose an alternative to the backstop when the two met on Aug. 21.

However, Johnson is yet to propose a concrete plan, leading French President Emmanuel Macron on Sept. 19 to give the U.K. two weeks to deliver a workable solution. Johnson swiftly rejected the deadline.

Talks between U.K. Brexit minister Stephen Barclay and EU negotiator Michel Barnier continued in Brussels on Sept. 20, but a resolution still appears a long way off.

Irish Foreign Minister Simon Coveney said there was still a "wide gap" between the U.K. and the EU.