On 26 June 2018, the hitherto hotly-debated European Union (Withdrawal) Bill became an Act of Parliament (“2018 Act”) after a tennis match of amendments and counter-amendments between Parliament’s two Houses. Much has been said by leading academics about the contents of the 2018 Act both during its stormy passage through Parliament and after its enactment (see for example Professors Paul Craig, Alison Young and Mark Elliott). However, there is one part of the 2018 Act which merits a detailed examination: section 10 and its implications for the Irish border.

Section 10 of the 2018 Act creates a two-fold duty for Crown Ministers: that they must not act incompatibly with the Northern Ireland Act 1998 (“NIA 1998”) and must 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”…