Northern Ireland protocol: ‘Technical issues nearly all worked out,’ say Dublin sources

The DUP leader Jeffrey Donaldson has said progress has been made “across a range of areas” in the talks between the EU and UK as expectations build that a deal on the Northern Ireland protocol is imminent.

Speaking to reporters following meetings between his party and the British prime minister Rishi Sunak, Mr Donaldson also said there were “still some areas where further work is required”.

He said his party had not yet seen the final text of an agreement and would not be drawn further on the detail of what had been discussed with Mr Sunak, saying only that “on some very important issues there has been real progress but there remain some outstanding issues that we need to get over the line”.

“If and when a final agreement is reached, we will want to carefully consider the detail of that agreement and decide if the agreement does in fact meet our seven tests,” he said. Mr Donaldson was referring to the seven tests he set out in July 2021 that the DUP required if it were to support any overhaul of the Northern Ireland protocol.

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“We’ve been very clear with the prime minister that those seven tests remain the basis upon which we will judge any agreement,” Mr Donaldson added, and said he had told the prime minister it was “important, fundamentally important”, that he agrees the right deal.

“I want to hear that Brussels will stretch itself to recognise the concerns that we have as unionists and that this process will correct the wrongs of the last negotiations.”

What are the DUP’s seven tests for the protocol?

1. It must respect the 1800 Act of Union which says that all parts of the United Kingdom are entitled to the same privileges when it comes to trade.
2. There should be no diversion of trade away from Great Britain to the Republic.
3. There should be no border in the Irish Sea.
4. The people of Northern Ireland must have a say in making the laws that govern them.
5. There must be no checks on goods between Great Britain and Northern Ireland in either direction.
6. Any new regulatory barriers must be approved at Stormont.
7. The consent of the people in the North must be secured in advance of any new arrangement coming into place.

Asked if he believed there would be a deal this week, he said “I really don’t know ... I am not focused on timescales here, I am fundamentally focused on getting this right.”

[ DUP is finally facing decision time as Northern Ireland protocol deal nears ]

[ Fintan O’Toole: The ‘great national drama’ of Brexit has lapsed into sullen silence ]

There was guarded optimism in Dublin on Friday, with sources saying the sense was that talks in Belfast had gone “okay”. Technical issues are “nearly all worked out”, one senior source said, adding that it was now “try to ‘seal the deal’ space”. However, they added that discussions were “all macro” at the moment without much detail being shared – and that the reception to the briefings, and ultimately, the deal among the DUP and the ERG would be key.

The Coalition is awaiting further information from the EU and UK negotiators, with Tánaiste Micheál Martin flying to Munich for a security conference, where he will meet British Foreign Secretary James Cleverly on the fringes of the event. It’s expected that the British government may give information about the choreography in the coming days then – if there is anything to share.

Irish sources expressed the hope the gravity of the situations being discussed in Munich, including the war in Ukraine and US-China relations, concentrate minds in advance of a vital phase.

Mr Martin travels onwards to Brussels over the weekend, meeting with EU chief negotiator Maroš Šefčovič on Sunday. “After talking to Sefcovic we’ll have an idea of how realistic it is,” said a government source.

Northern Ireland Protocol: how close are we to a deal?

Listen | 31:24

Pat Leahy and Jennifer Bray join Hugh to talk through some of the biggest political stories of the week including Nicola Sturgeon’s shock resignation and what it might mean for Scottish independence. They also discuss the latest Mick Wallace controversy which surfaced following a viral TikTok video. But first, progress continues on the protocol talks, but how close are we to a deal and what hurdles still remain?

Taoiseach Leo Varadkar said that he was “quietly confident” that there could be agreement within a week.

“A lot of progress is being made, we are not there yet but certainly a lot of trust has been built up between the EU commission and Ireland and the British Government,” he said.

“I do believe the prospect is there of having an agreement possibly within a week. It is not finalised, we haven’t seen the final text yet but we are getting there. I am quietly confident that within the next week or two we could be in the position to sign of an agreement between the European Union and the United Kingdom and that would be a big boost I think.”

Earlier the Sinn Féin president Mary Lou McDonald said it was “clear now that significant progress has been made” following her meeting with British prime minister Rishi Sunak.

Ms McDonald said it was essential a deal is concluded quickly. “We now want to see a speedy conclusion of matters,” she said, “and above all else, we want to see the institutions restored.

“But it seems to us that it’s very much game on and we’re very heartened by that.

“We’re very very conscious that a deal can be done [and] should now be concluded speedily.”

Alliance Party leader Naomi Long cautioned a deal was “not over the line yet” following her meeting with the UK prime minister.

Ms Long told reporters “things are gradually moving in the direction of a potential deal. But we are not over the line yet, she said.

“That doesn’t mean that we won’t be very soon, but there’s clearly some heavy lifting still to be done.”

[ Brexit wasn’t all for nothing. It’s worse than that – and the people are realising it ]

Mr Sunak was in Belfast for meetings amid increased speculation that a deal on the Northern Ireland protocol is imminent. He left the Belfast hotel where he has been meeting the Northern parties just after 12.30pm.

The UUP leader Doug Beattie indicated a deal may not be reached in the next few days but the prime minister was confident that the deal would be one “that unionism can accept”.

“We could have something next week, but it may be another couple of weeks yet,” Mr Beattie told reporters.

“We don’t know, and I don’t leave here knowing much more than I knew when we first went in, but certainly the prime minister was enthusiastic, engaged and positive.”

He said the prime minister’s words were that “there’s a way to go yet” and that told him “the deal has not been finalised.”

He added “things are moving in the right direction, he’s confident that when he puts something on the table which he thinks is a deal that will work for everybody in Northern Ireland it will be a deal that unionism can accept.”

The SDLP leader, Colum Eastwood, said there was “no white smoke yet” but they had had a “good, positive meeting” with the Prime Minister.

He said the detail given by Mr Sunak was “scant” and they had “talked around some of the issues” but a deal was “not done yet”.

“I think we’ll know a lot more in the next couple of days,” Mr Eastwood said. “I think he’s very careful not to get into too much detail until the deal is done.”

The SDLP leader said there would be a “moment very soon where people have to make a decision and I would argue, as I’ve said before, it’s time to take yes for an answer for the DUP.”

Former Taoiseach Bertie Ahern has said he does not think negotiations will be “wrapped up” before the 25th anniversary. Speaking on Newstalk’s Pat Kenny show, Mr Ahern said that discussions were “getting near the end game.”

“I’m delighted Rishi Sunak is in the North today because one of the fears was that the parties felt they hadn’t been briefed, they hadn’t been given the details and they had several questions.”

Senior Irish Government sources were cautious on the timing of any announcement on a protocol deal but acknowledged that Dublin had been in close contact with the European Commission and that an agreement was expected. Officials said that they had not seen a legal text yet.

Momentum growing

The momentum towards a deal is clearly growing. EU ambassadors were called to a meeting with EU chief negotiator Mr Šefčovič in Brussels on Friday, after Mr Šefčovič meets the British foreign secretary James Cleverly and the Northern Ireland Secretary Chris Heaton-Harris.

It is expected that Mr Sunak will seek to gain support for any agreement on the protocol but there were no signs that the DUP will soften its position.

[ The Brexit impact on Ireland’s trade: there hasn’t been one ]

Former deputy leader Nigel Dodds, who now sits in the House of Lords, told a European newspaper that any checks on goods or role for the European Court of Justice (ECJ) would mean that the DUP would reject the deal and continue to boycott Stormont.

It is widely expected that the agreement will eliminate the vast majority of checks on goods entering Northern Ireland from Great Britain by using a system of red and green lanes, with the green lane – where there will be no checks – reserved for goods which are only intended for the North.

However, the EU will have some oversight on this system, and the ECJ is expected to retain some jurisdiction over the protocol. The original text of the agreement is not expected to change, sources said.

“The negotiations are finding solutions,” said one senior Irish Government source. “The work isn’t concluded but it’s well-advanced.” – Additional reporting agencies