The recent actions of their Lordships is a precursor to what is going to be a major battleground in respect of Brexit and is part of a determined attempt by Remainers to force the UK into some form of Customs Union (CU) arrangement with the EU.
Those trying to wreck the Brexit process and to undermine our negotiating position with the EU are using every means to deploy the Trojan Horse that the CU represents, ranging from amendments to Parliamentary Bills to shamelessly leveraging the Northern Ireland border question and manipulating the hapless government of the Republic, claiming that the only solution is a CU. Is this a bit overstated?
There obviously is a problem in respect of the Irish border, partly of our own making, but there are solutions an example of which is set out below. There are also legitimate concerns regarding the impact of a CU on the UK-EU trade, but these are misguided or overblown.
Clearly, if we were to Leave the EU without a deal it might be possible for EU member states to mendaciously create problems at the border. This would be against international treaties and would not be widespread. The UK government would need contingency measures to handle this, including arrangements to export via other routes and may need to deploy retaliatory measures.