Newton Emerson: Careless politics over EU Belfast office is inexcusable

The US consulate in Belfast was established in 1796 by president George Washington and is the second-oldest US diplomatic mission in the world, after the US embassy in London. This reflected Ulster's strong links to the American revolution, primarily from the Presbyterian community.

Even today, the Belfast consulate has an unusual status, providing services normally reserved for an embassy.

Belfast’s Chinese consulate, established in 2015, was welcomed by the DUP and Sinn Féin as a de facto embassy and clearly considers itself a special case. It is in the news this week for erecting an unapproved steel fence in a conservation area.

Prior to Brexit, the European Commission had regional consulates in Belfast, Edinburgh and Cardiff. EU peace funds were recognised as giving the Belfast office a unique standing, although it had no direct say over funding.

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The idea that Northern Ireland is different enough to warrant distinct diplomatic arrangements is older than Northern Ireland itself and subtle enough to be accepted by unionist and nationalist alike.

So it is most unfortunate that a row over an EU office is splitting along green and orange lines.

The argument began between London and Brussels. Under the Brexit withdrawal agreement, EU officials have “the right to be present” during checks and controls of the Northern Ireland protocol. The UK must “facilitate such presence” and provide “the information requested”.

Brussels claims this entitles it to a new base in Belfast. It says this would be a merely technical office housing customs and veterinary staff. However, it would operate under the EU’s diplomatic service.

London says this is an over-interpretation of the agreement and would breach UK sovereignty. At the heart of the dispute is how each side imagines the sea border. Is it a system the EU and the UK would operate together or one the UK would operate on its own, with EU officials dropping in for an occasional inspection?

Until last month, when that question became contentious, it is fair to suggest most people in Northern Ireland presumed an everyday degree of EU-UK co-operation, when they thought about it at all.

Any functioning border is enforced on both sides. The EU runs joint customs operations with third countries around its frontier and joint anti-smuggling investigations beyond its frontier.

Limit

If unionists believed the Northern Ireland protocol would be administered solely by the UK they would have been far less upset about it. There is no evidence unionist parties leaned on the UK government to take this position and no reason to believe they have the clout to do so. In any case, there is a limit to how much unionists can complain about the sea border when they were instrumental in causing it, as the DUP has demonstrated by largely dropping its objections since last December’s general election.

By citing sovereignty as its concern, the UK government has ensured unionist parties will line up behind it

The potential cunning of the protocol lies in putting its technicalities out of sight. Most sea border infrastructure is intended to be in Britain. Any facilities in Northern Ireland would be in secure areas of ports and airports, while inland inspections would take place on commercial premises. An army of clipboard-wielding Eurocrats could be deployed and only truck drivers and shipping clerks would see them.

This new take on an invisible border is shattered by the prospect of an EU office in Belfast, presumed to be in a city centre building, as the European Commission office was before.

By citing sovereignty as its concern, the UK government has ensured unionist parties will line up behind it. The DUP and UUP did not sign a letter from most Stormont party leaders four weeks ago saying a Belfast office is necessary. Rhetoric has since become more polarised and the issue is gaining complexity. It is apparent many nationalists perceive the office as a proper EU mission, or hope it will become one, with a role in ensuring their EU citizenship. Defusing this will be extraordinarily difficult and it would not be necessary if London had acquiesced to a glorified customs booth.

Negotiating ploy

Brexit observers suspect the whole argument is a negotiating ploy, in which case its carelessness is doubly inexcusable. Brussels must share some of the blame for letting the dispute arise and get out of hand.

The 1985 Anglo-Irish Agreement created a permanent presence for Irish civil servants in Belfast, in a joint secretariat with British counterparts.

This provoked enormous unionist anger and nationalist hope, including dreadful violence and vast crowds on the streets. Yet once the office opened, it proved so dull that hardly anyone ever mentioned it. Northern Ireland should be encouraged to recall that history and jump straight to its conclusion.

Dundalk Fianna Fáil councillor Erin McGreehan, a representative of the EU's committee of the regions, has proposed her home town as an alternative location.

There was a time when enforcing the sea border from the land border would have been an ingenious compromise. Alas, that time has almost certainly passed.