Brexit on back burner as Ukraine war hits Boris Johnson’s ability to trigger Article 16

The impact of trade restrictions on kosher food has been a cause of concern. The Jewish community in Northern Ireland “are unable to access kosher goods” and are “literally struggling to practise their faith due to the protocol, and we have to address that”, said a Whitehall source.

However, many in the Government believe the window to trigger Article 16 this side of May 5 closes on March 26, when the province enters the pre-ballot “purdah” period.

A senior government source told The Telegraph: “Before the Ukraine war, it was more likely that we could have triggered Article 16 before ‘purdah’ kicks in. But now it’s looking pretty uncertain. The whole of Government is entirely focused on the Ukraine war – there’s very little ministerial capacity for anything else.”

However, on Thursday night a Number 10 official said triggering Article 16 had not been ruled out, adding: “If necessary, we would do it in ‘purdah’ if the situation requires – it’s not ideal, but could still happen.”

Shortages of certain goods in Northern Ireland are creating resentment about the protocol in the province and heaping pressure on Unionist parties to express hardline opposition to it.

One minister warned: “Resolving the protocol becomes much more difficult after May’s elections because Jeffrey [Donaldson, the leader of the DUP] may refuse to go back into Stormont if it isn’t ripped up entirely. That point has been made to the EU.”

In recent weeks, ministers had examined triggering Article 16 in a “narrow way” that focused on food items, because it would be “very difficult for the EU to argue against without looking unreasonable”, said one government source. 

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