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Opinion Boris and his friends are living in a post-truth 'Alice and Brexitland'

Former ambassador Bobby McDonagh says Johnson’s team have used every excuse to cover their breach of international law, short of the PM eating his own homework.

BORIS JOHNSON’S DECISION to break international law by reneging on the Northern Ireland Brexit Protocol, which was negotiated, agreed and ratified by his Government, has done immense, possibly irreparable, damage to Britain’s reputation and influence.

One only has to imagine the laughter in Tehran at the recent insistence of UK Foreign Secretary, Dominic Raab, that Iran should respect its international commitments. The Chinese Government’s shameful propagandists on Hong Kong will be celebrating this gratuitous manna from heaven.

It is important therefore to ask “why on earth did Johnson do it?”. What could possibly be in it for him or for his country? Before considering what might be the real reasons, it is important to look at the series of threadbare excuses put forward by Johnson and his apologists. 

As a general rule, someone who offers several diverse explanations for their behaviour is both unconvincing and disingenuous. The British Government has proffered at least five separate excuses.

Johnson’s poker game

To start with the most ludicrous of the excuses, Johnson claims that the Withdrawal Agreement, so carefully designed and agreed by the EU and UK to protect the Northern Ireland peace process, must be repudiated in order to protect that process.

Those who drove the Brexit referendum in 2016, including Johnson, paid no heed whatever to the sensitivities of the Good Friday Agreement and dismissed all warnings including from the senior British politicians who made the Agreement possible. Former PMs Major and Blair have expressed outrage at the latest mendacity. 

Johnson’s continued lack of interest in, or empathy for, Northern Ireland was confirmed by his allegation in Saturday’s Daily Telegraph that the European Union has threatened to impose a blockade on goods travelling from Britain to Northern Ireland. 

This entirely false statement, unrelated to the provisions of the draft legislation and designed to win over wavering Conservative backbenchers, was tone deaf, emotive and dangerous in the context of Northern Ireland.

The second excuse, also briefed by Johnson’s people to the media, was that he had known all along that the Northern Ireland Protocol would never work. Internal British briefing papers confirm that the UK Government knew exactly what was in the Protocol.

The British people should not hold their breath waiting for an apology for having been repeatedly assured during last December’s general election campaign that the Brexit deal was oven-ready and in Britain’s clear interests.

The third explanation, namely that the deal was rushed, entirely ignores the seriousness with which every country is obliged to approach the value of its word, the binding nature of its international treaties and the dignity of its sovereignty. 

‘Bad faith’

Fourthly, it has been suggested by some of those sent out to bat for Johnson that the UK is entitled to break international law because the EU is acting in bad faith, a claim that is not only false but also more than a bit rich in the circumstances.

This nebulous argument only has meaning in the Alice and Brexitland world in which every Humpty Dumpty can happily proclaim that “when I say a word, it means just what I choose it to mean”.  

Fifthly, it is argued that the British Government is, after all, acting legally. This risible claim is contradicted both by the resignation of the UK’s most senior legal official and, explicitly, by the Northern Ireland Secretary in the House of Commons.

Every excuse, short of Johnson eating his own homework, has been put forward. Since all of these can be dismissed, the intriguing question is what Johnson’s real motivation could have been in pursuing a policy that significantly damages the UK’s interests and standing. There seem to be four plausible explanations.

Ask yourself: why now?

First, those close to Johnson’s have apparently convinced him of the need to distract British public attention from his handling of the Covid-19 crisis, to which the strange driving patterns of his closest advisor made such a spectacular and indelible contribution.

The Leader of the Labour Party, Keir Starmer, seems to interpret Johnson’s intentions in this way, as evidenced by his decision during recent Prime Minister’s questions to focus on Covid-19 rather than on the Government’s egregious law-breaking.

Second, one should not underestimate the role that creating disruption for its own sake – disruption of political norms, democratic institutions and international rules – plays in the populist, Trump-inspired Cummings game-plan.

Third, any insult to the EU, the more gratuitous the better, is red meat to the tame, fact-free parts of the media on which the Government is so heavily reliant. 

Finally, importantly, it is possible that the move was designed to provoke the EU into pulling out of the Brexit trade deal negotiations, thus providing London with a weapon in its long-strategised fall-back blame game.

This is a game which the UK Government has already lost comprehensively across Europe and around the world but for which some of the domestic battleground is still to play for.

The EU would be justified, by any reasonable standards, in walking away from discussions with a negotiating partner that has just demonstrated its disdain for a previous treaty on which the ink is not yet dry.

Fortunately, the European Commission, backed forcefully by all 27 European Governments, is too experienced to fall into that trap. The EU is cleverly treating the two strands of the negotiation separately.

It is planning to “float like a butterfly and sting like a bee”. On the one hand, in the future trade negotiations, Michel Barnier is continuing to discuss calmly and in good faith, even with a partner that has not shown similar good faith.

On the other hand, in the Joint Committee on implementing the Northern Ireland Protocol, Commissioner Maros Sefcovic has made clear that the EU will under no circumstances accept the unilateral rewriting of the Protocol.  

A growing number of decent British politicians are still hoping to block the latest assault on British values. If they fail, the EU will ensure that the ball remains in Johnson’s court. His Government will deserve and bear the blame if the Brexit negotiations fail.

Bobby McDonagh is former Irish Ambassador to the EU, UK and Italy. He is an executive coach and commentator on subjects around EU and Brexit.

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    Mute Sheila Byrne
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    Mar 18th 2012, 2:14 PM

    JAIL, JAIL, JAIL, JAIL, JAIL!!!!!!! For everyone one of them, with Aherne at the front leading them in as a ‘chain gang’. and never to be let out again to be part of society again.

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    Mute Declan Carroll
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    Mar 18th 2012, 3:52 PM

    I hear ya, Sheila. It won’t happen, tho’. I suspect they are all in “the know” & each afraid to do anything for fear one rat will bring them all down. I almost choked on my cuppa T when I read the figures involved. Alot of “my learned friends” made a nice few quid out of it. Shameful.

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    Mute Eggers
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    Mar 18th 2012, 8:31 PM

    The traditional approach to them was one behind the ear and a note pinned to the back. That is what men like Sean Lemass and Mick Collins would have recommended after the last 13 years. While it may be harsh in these more peaceful times, I would certainly not have enough material to convince them to act otherwise. Try as I might.

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    Mute Eggers
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    Mar 18th 2012, 8:35 PM

    1/4 of all district and circuit court judges have had a relative who at one stage was an elected member of FF. Justice – there is plenty of it here but it certainly is not for the Irish, that’s reserved for the FF ascendancy.

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    Mute Bertie Ahern
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    Mar 18th 2012, 2:43 PM

    Ahhh greetings from the caymen islands

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    Mute Declan Carroll
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    Mar 18th 2012, 4:31 PM

    Can ya fly through the Bermuda triangle on the way back ??!!

    37
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    Mute Susie Chester
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    Mar 19th 2012, 12:02 AM

    Bertie says ……. ”Who saysI will come back ? ”

    5
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    Mute Eric
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    Mar 18th 2012, 2:32 PM

    An absolutely sickening waste of public money. The legal costs involved dwarf the amounts being investigated and serve as evidence that this was nothing more than a legal gravy train designed I milk the public purse as much as possible.

    Now we hear there is going to be a committee set up to investigate the costs of the tribunal, in effect a committee to review a committee, allowing more politicians and legal eagle to tap into state coffers.

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    Mute Declan Carroll
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    Mar 18th 2012, 3:55 PM

    “A great little country”, as CJH once said. Yes – for some. This is disgusting.

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    Mute Faceless Man
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    Mar 18th 2012, 6:41 PM

    Who’ll review the committee that reviews the committee though?!

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    Mute LoyalIrish Citizen
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    Mar 18th 2012, 2:19 PM

    Its has always amazed me how the rich can legal aid in tribunals in Dublin castle and yet Social Welfare Recipients cannot get legal aid in tribunals in D’Olier Street.

    Statutory Instrument 272 / 273 of 1996 spell out that the application of legal aid in civil circumstances can only be applied if the applicant passes 2 tests.

    The first test is a means test and clearly the rich could not pass the test where the poor could, but this does not happen. Obviously not all are equal in the eyes of the law with Judges, Barrister and Solicitors running the Legal Aid Board.

    The second test is a merit test which allows those employed in law to act as judge and jury while using opinions, which will pervert the course of justice and ensure Irish People are kept away from domestic and international courts. Denying people protection by law is crimes against humanity.

    Statutory Instruments 272 / 273 of 1996 have been very lucrative for those associated with tribunals in Ireland.

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    Mute Biddy Mulligan
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    Mar 18th 2012, 3:15 PM

    Whats all this going to achieve? We’ll get a report with recommendations/conclusions and nobody will be held accountable for anything.

    JAIL JAIL JAIL JAIL JAIL
    JAIL JAIL JAIL JAIL JAIL
    JAIL JAIL JAIL JAIL JAIL

    (jail’s a funny word when you see it like that..) anyway, back to my point…

    JAIL!!!

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    Mute Neil kettles
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    Mar 18th 2012, 4:11 PM

    Why does Ireland insist in holding tribunals? In any other civilised democracy, the likes of Bertie Ahern would have been behind bars a long time ago. The circumstantial evidence alone would be enough to gain a conviction. Why bother with long drawn out enquiries, when a legal system’s already in place to deal with lawbreakers? It sickens me to the stomach how the rich and privelaged can do whatever they please, with no accountability to anyone! Bob Geldof was spot on with his banana republic comments all those years ago! I’ll be damned if I can figure out why all this garbage is still tolerated!

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    Mute Eggers
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    Mar 18th 2012, 8:39 PM

    At Neil. It was FF who insisted on the tribunal. It is a delay tactic, they are happy to have their names blackened but they do not mind, they couldn’t care less what the Irish think of them. Long as they can walk away with their dirty money at the end of the day. Remember that there was no one in that party that called for a proper judicial mechanism. Remember that the terms of the tribunal were made so broad that it made it exceptionally difficult to go in to depth. They have spent a fortune trying to hide their criminality among normal cases and deals. Hopefully they will not succeed or be allowed succeed.

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    Mute Declan Carroll
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    Mar 18th 2012, 9:22 PM

    Follow the money trail & u will get to the bottom of it. Where did all the money go to ?

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    Mute Dermot Purcell
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    Mar 19th 2012, 8:58 AM

    neil this is not a civilised democracy 45000 thrown to waste half a million people forced out of their holmes family broken up ,the legal system in complete tatters corruption at epidemic levels and if people do not want to believe me ,try how are investigation into the banking fiasco is going .

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    Mute Martin Sinnott
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    Mar 18th 2012, 3:54 PM

    Why can’t the Taxing master charge them the minimum wage. This would bring the cost down millions.

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    Mute Declan Carroll
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    Mar 18th 2012, 3:57 PM

    U see, they are not the “little” people, Martin.

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    Mute Ciaro
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    Mar 18th 2012, 6:07 PM

    Neil, you have answered your own question. Without a tribunal criminal charges could be progressed.

    Do you know that any evidence produced at the tribunal cannot be used in court!

    On an unrelated note, Dennis O’Brien is now a billionaire!

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    Mute Ciaro
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    Mar 18th 2012, 6:05 PM

    250 million is an insignificant amount.We will be handing over 3 thousand million in 2 weeks thanks to our German overlords.

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    Mute Dermot Purcell
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    Mar 18th 2012, 6:35 PM

    CIAROthanks to brian cowen and co ,how corupt is this country and people will vote fg and lab in the next election who condone this type of thing

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    Mute Sheila Byrne
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    Mar 18th 2012, 9:22 PM

    @ Declan

    Do you know what’s sad and very sick, jackie Healy-Rae actually wanted the roundabout at Lissivigeen (Killarney) to be named after him!!!!! This was supposed to be part of the EUR71 Million that was given to Healy-Rae and Lowry in order to get their ‘votes’ (independents) for Aherne’s re-election in 2007.

    Disgusting. As if the people of Ireland needed to be reminded who the hell Healy-Rae is for years to come, every time they go around the roundabout! Just as well I don’t have a gun licence. A lot of these arse holes would be picking pellets out of their arses for a long time by the time I’d be finished with them!

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    Mute P Wurple
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    Mar 18th 2012, 11:10 PM

    I can’t stand that word “guesstimate”…. Makes my skin crawl when people use it. There is a perfectly good word already for it. Estimate.

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    Mute raymelody
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    Mar 19th 2012, 12:20 AM

    This country was run into the ground by the mafia fianna fail and now the new boys are just the same jobs for the boys all over again why was NAMA given so much protection who were the vested interested protected I read today they want to sell the discounted assets back to the developers now they really are making fools of us I can’t afford my family home anymore think they give a shit in the dail don’t even show for the debate

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    Mute michael cuthbert
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    Mar 18th 2012, 8:53 PM

    Hopefully charges and convictions will follow the publication of the report. Isn’t it also the case that findings of this tribunal are being used to pursue certain people for unpaid taxes etc, which will result in the State recouping some of the costs. And anyone found in the wrong will not have automatic right to claim legal costs.

    Regardless of the cost, what price democracy?

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    Mute Eggers
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    Mar 18th 2012, 9:09 PM

    The evidence unearthed in a tribunal cannot be used in a criminal conviction.

    FF set up this tribunal and the others, the terms laid down were onerous and made the tribunal difficult but the above was the ultimate fail safe.

    Their ultimate strategy is always protect the party, and when that cannot be done, screw the party and protect the man. The people investigated are blacklisted by the party, Micky Mouse Martin will then announce that the offenders are being expelled,it is all the last guys fault, its a new FF and off we go again on the corruption merry go round once more.

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    Mute michael cuthbert
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    Mar 18th 2012, 9:44 PM

    That’s true. But – does that preclude the Gardai investigating individuals on foot of the findings of the tribunal and unearthing evidence that could lead to convictions? They can’t use tribunal transcripts as evidence. Can the Gards and the DPP produce their own evidence regarding the same incidents, events and activities? Thing is, will they want to? Public pressure and continued media scrutiny will be crucial. Occupy Mahon…

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    Mute Frank2521
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    Mar 18th 2012, 7:41 PM

    I think they should use Judges logic generally used in courts up and down the country is award the criminal 6 years but suspend the last 3.
    So when they award the legal teams 12 million they can suspend the last 8 million. They would accept that.

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    Mute Sheila Byrne
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    Mar 18th 2012, 10:14 PM

    @ Declan,

    Sadly, he’d probably find his way back!

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    Mute Declan Carroll
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    Mar 18th 2012, 9:33 PM

    Did u see the clown on the news earlier ? He may as well have stuck up his middle finger into the camera. As for Paul Lowery ? Don’t get me started. Our poor ancestors must be asking themselves “why did we bother ?”. Sickening.

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    Mute Eggers
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    Mar 18th 2012, 9:48 PM

    Are ancestors are asking us “why don’t we bother”.

    The shure dere all the same attitude here and sure we can change nothing so no point, poor us attitude has destroyed the country for decades. Not that that is what you are saying a chara.

    4
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    Mute Sheila Byrne
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    Mar 18th 2012, 10:18 PM

    @Declan,

    At this stage, I don’t think this lot is any less arrogant than the last crowd. Bully boys. Next thing they’ll have debt collectors at our doors for the EUR100! They’ll tender it out, so they don’t have to face us themselves! Watch this space.

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    Mute Declan Carroll
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    Mar 19th 2012, 12:21 AM

    Got ya eggers. If they could come back, they’d be severly disappointed. We do have to soldier on & have hope.

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    Mute Martin Dorgan
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    Mar 19th 2012, 12:07 PM

    About time this tribunal has come to an end lawyers have bled the system for all they could get out of it 14 years is a long time coining , if it went on any longer they’d be looking for pensions and no doubt they tried, is there any morality in the legal profession.

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    Mute Ciaro
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    Mar 19th 2012, 12:49 AM

    The important thing is this ….. Man
    Utd will win the league.

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    Mute Adam Magari
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    Mar 19th 2012, 4:02 PM

    I was told that attendance by legal representatives wasn’t recorded. If this is true it leaves the whole claims procedure open to total abuse. What a farce of system that constantly sees taxpayers on the hook for appalling official and political cack handedness.

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