Prof Dougan is THE expert in the matter, and has always been clear- there MUST be a border if Brexit. There is NO avoiding it.
Professor Michael Dougan, Professor of European Law Liverpool University, gives his thoughts on Northern Ireland
"It's tedious having to repeat ourselves every time Protocol on IRL/NI hits UK headlines (so many past threads...) but bottomless pit of Brexit dishonesty & incompetence makes the task unavoidable.
So... a few simple bullet points, reminding us how to refute common ERG/DUP lies:
Brexit means borders. Inherent and inescapable. And after all, borders are what the Brexitists wanted. But in the case of NI, that border cannot be across land with IRL. So it has to be across sea with GB. Only question is: how visible and cumbersome will that sea border be?
If UK had chosen "soft Brexit" (continued membership of customs union and single market) the NI/GB border could have been minimal. But ERG/DUP supported "hard Brexit" = extreme dislocation between EU and UK. Which inevitably meant NI/GB border needs to be far more complicated.
And that is what Protocol delivered. No border across island of Ireland; border instead between NI and GB. That is a choice entirely attributable to Johnson Government, actively supported by ERG, and also by DUP - until they realised they'd been conned by their Tory chums...
Johnson may consistently lie about / deny responsibility for his own Protocol, Tory Government has never properly complied with its own legally binding duties, on contrary, has repeatedly sought unilaterally to dismantle its own deal. But changes nothing: they made & own it.
ERG/DUP say Protocol is disrupting trade between NI and GB. Of course it does. That is the whole point of Brexit and the Protocol. Did they ever seriously believe their extremist policies would have no consequences either for EU-UK relations or relations between NI & GB?!
ERG/DUP say Protocol keeps NI in EU. Rubbish. NI left EU with rest of UK - against the will of clear majority of its population. Despite sloppy coverage, NI isn't even kept in Single Market: Protocol covers only trade in goods; not services, establishment, capital, people...
ERG/DUP say Protocol makes NI subject to foreign law. Protocol is an international agreement. It does not and cannot apply to NI directly. What applies to NI are the rules enacted into UK law by the UK Parliament. So if certain EU rules apply in NI, it's because UK law says so
ERG/DUP say Protocol is anti-democratic because NI has no say over it. Er. They imposed Brexit on NI against its will. Claimed right to do so because "it's the UK Parliament that is sovereign & democratic". OK, well that same UK Parliament approved & implemented your Protocol
But in any case, NI does have say over Protocol. Assembly gets to vote periodically on whether to keep or abandon it. So NI has a clear and direct voice over Protocol's future. ERG/DUP's real problem? Clear majority in NI want to keep it. But it's only "democracy" if DUP agree
ERG/DUP say NI cannot be treated differently from rest of UK. NI has always been treated differently from rest of UK. Devolution in UK is all about S/W/NI being treated differently. & Brexitists claimed 1 of "big prizes" of leaving EU was to boost those differences even more!
Plus: UK has already enacted legislation (UK Internal Market Act) to manage trade differences between England, Scotland, Wales & Northern Ireland created by divergent rules across 4 territories. Protocol only makes NI situation more different in practice, but not in principle
So frankly, when ERG/DUP attack Protocol: at best they are attacking their own Brexit, since much of what they complain about are the inherent consequences of their own choices; and at worst, they are manufacturing problems for ulterior political reasons. At poor NI's expense
Does that mean Protocol is perfect? Of course not. Every rational actor agrees there are problems to solve & improvements to make. But ERG/DUP have nothing constructive to contribute. Their so-called "tests" are designed to fail. & they offer no credible alternative solutions
So - don't give these charlatans an inch. Challenge every lie they say. Don't let their poison be left to fester. It's tedious. It's repetitive. It's depressing, especially since MSM can't seem to do it properly. But we have no choice: post-truth populists endanger our society."