Thread: Brexit (Old)
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Old 05-07-2018, 09:02   #147
jonbxx
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Re: Brexit Discussion (New thread-Follow First Post Rules!)

Quote:
Originally Posted by Sephiroth View Post
Here's an interesting conundrum from the EU Withdrawal Act:

10 Continuation of North-South co-operation and the prevention of new border arrangements

(1) In exercising any of the powers under this Act, a Minister of the Crown or devolved authority must—

(a) act in a way that is compatible with the terms of the Northern Ireland Act 1998, and

(b) have due regard to the joint report from the negotiators of the EU and the United Kingdom Government on progress during phase 1 of negotiations under Article 50 of the Treaty on European Union.

(2) Nothing in section 8, 9 or 23(1) or (6) of this Act authorises regulations which—

(a) diminish any form of North-South cooperation provided for by the Belfast Agreement (as defined by section 98 of the Northern Ireland Act 1998), or

(b) create or facilitate border arrangements between Northern Ireland and the Republic of Ireland after exit day which feature physical infrastructure, including border posts, or checks and controls, that did not exist before exit day and are not in accordance with an agreement between the United Kingdom and the EU.
Good find! Section 10.1.d phrase 'due regard' means nothing really - lots of wriggle room there!

Section 10.2.b is definitely a conundrum as you say - no border posts, cameras, etc.
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