The foreign secretary – the strong favorite to become the next prime minister on September 5 – is considering whether to invoke the mechanism in a possible escalation of the post-Brexit row with Brussels. Triggering Article 16 immediately would allow the UK to unilaterally suspend all or part of the protocol agreed in the Brexit deal before the September 15 deadline for legal action by the EU. Liz Truss is considering a move “within days” to enter No 10 if she beats Rishi Sunak in the Tory race, according to the Financial Times – citing several government officials. Officials close to Truss have reportedly consulted legal and trade experts on the option in recent weeks as a way of dealing with impending legal proceedings from the EU. The Independent understands that triggering Article 16 remains an option on the table for Truss, but it has not prompted government officials to work out a plan for its use next month. In June, the European Commission launched legal action against the UK in response to the bill – announced by Truss – aimed at circumventing the protocol by unilaterally introducing new trade arrangements for good movement between NI and GB. In July, Brussels launched four new legal “infringement proceedings” against the UK government, accusing it of breaching parts of the Brexit protocol agreement. The UK has until September 15 to respond to the EU’s warning of legal action, just 10 days after the winner of the Tory contest succeeded Boris Johnson in Downing Street. Allies of Truss are said to be considering whether Article 16 could provide a legal “loophole” while controversial legislation moves through the Commons. The bill is not expected to be voted on for at least several months. “Some government officials have raised concerns about issues coming down the road and have presented a number of options to ministers to deal with them,” a Foreign Office official told the FT. Article 16 states that safeguard measures can be taken by either the UK or the EU to suspend the protocol if trade arrangements lead to serious “economic, social or environmental difficulties”. Raoul Ruparel, Theresa May’s former No 10 Brexit adviser, said he did not believe its activation would be a “massive escalation” in the UK-EU dispute – although he accepted it would be “a controversial view”. He tweeted: “The UK must respond to the challenging EU legal basis for the current impasse – which is supported by NI business and most political parties. So in that narrow sense, this is potentially a legitimate way to do that.” Trade policy expert Sam Lowe agreed, saying that using Article 16 “as a justification for extending existing grace periods / standstill / etc. it would be … fine.’ Macron hits back at Truss for ‘beyond criticism’ claim on whether he is friend or foe However, David Henig, director of the European Center for International Political Economy, said that any expert consulted on the triggering of Article 16 “probably the expertise will be judged on whether it gives the right answer”. Henig tweeted: “Starting to wonder if anyone will be able to actually introduce Liz Truss once in the post.” A Sinn Fein minister has warned that any move to suspend the Northern Ireland Protocol would be reckless and cause more “damage” to the region’s economy Northern Ireland Finance Minister Conor Murphy said: “These issues around the protocol must be resolved through dialogue – not through unilateral action on protocol legislation or unilateral action on triggering Article 16.” It comes as Truss sparked a row with French President Emmanuel Macron with remarks made at Thursday night’s Tory event in Norwich. The Foreign Secretary told Tory MPs that “the jury is out” on whether President Macron was “friend or foe” of Britain. Macron responded with a warning of his own on Friday, saying: “If France and Britain cannot say whether they are friends or enemies … then we are headed for serious trouble.” Labour’s David Lammy, the shadow foreign secretary, said her comments about Macron showed a “sad lack of judgement” by insulting a close ally. Former minister and Tory peer Gavin Barwell tweeted: “You’d think the Foreign Secretary knew we were in a military alliance with France.”
