Concern at UK bid to put expiry date on ‘backstop’ condition
But ‘hard deadline’ is not expected
CABINET ministers have expressed their dismay at a last-minute proposal from the British government for a Brexit ‘backstop’ that would controversially include a time limit.
Taoiseach Leo Varadkar has been adamant throughout the process that there can be no rush on issues that affect the Irish border.
It came after an 11th-hour compromise between Theresa May and hardline Brexit Secretary David Davis in Westminster.
After Mr Davis threatened to walk out of government, Prime Minister May bowed to his call that Britain not remain in the Customs Union and Single Market indefinitely.
Ms May’s proposals, published yesterday, suggest that Britain stay in the Single Market and Customs Union for a year after the Brexit transition period.
Some pro-EU members of the ruling Conservatives have suggested that the proposed ‘backstop’ for Northern Ireland, in which it will remain indefinitely in the Customs Union and Single Market, be extended to all of Britain. But David Davis has told Ms May that this UK-wide ‘backstop’ can only be for a short, fixed amount of time – or he would resign.
Appearing on Sky News, European Minister Helen McEntee was unequivocal in ruling out the latest Brexit fudge.
‘If we reach 2021 and no solution is found, if the future relationship does not address all of the issues concerning Northern Ireland which would avoid a border, then obviously the backstop would have to continue after that.
‘So setting an exact date and a timeline for us is not acceptable. It’s not in line with what was agreed beforehand. The Irish Government has been very clear, the task force have been very clear and indeed the agreement that was reached with the UK government before Christmas and again in March clearly sets out that the backstop would fall into place “unless and until”.’
Tánaiste Simon Coveney said he would be sitting down with the European Commission Task Force in the coming days to determine whether the text is sufficient to avoid a hard border.
In an apparent reference to the plans for a time limit on the backstop, he warned that the negotiations could not progress beyond June unless ‘all commitments undertaken so far are respected in full’.
‘Ireland and the Commission have both stressed that substantial progress on the backstop is needed before the June European Council. Based on the negotiations between the UK and the Commission Taskforce in the coming days and weeks, Michel Barnier will make an assessment of progress, for consideration by the Taoiseach and his counterparts at the European Council three weeks from now,’ he said.
Meanwhile, just as Mrs May and Mr Davis were thrashing out their agreement, Taoiseach Leo Varadkar was firmly ruling out any possibility that the Northern Ireland backstop could run against the clock. Mr Varadkar said one of the key considerations would be if the proposals were ‘all weather’ – in other words, whether they will apply in all circumstances until an alternative solution is found.
Outlining the key requirements, he said: ‘First of all, does it prevent a hard border between Ireland and Northern Ireland; is it “all-weather”, which is the term we use to apply in all circumstances.’
These views were echoed in a tweet by chief EU negotiator Michel Barnier, who wrote: ‘I welcome publication of #UK proposal on customs aspects of the Ireland/ Northern Ireland backstop.
‘We will examine it with 3 questions: is it a workable solution to avoid a hard border? Does it respect the integrity of the Single Market/Customs Union? Is it an all-weather backstop?’
In any case, the view from Dublin is that the principle of a backstop expiry date is a political fudge by Ms May to appease Davis, and not a ‘hard deadline’.
The British proposals, published yesterday, state that the UK as a whole will remain aligned with the Customs Union and put forward the idea that the transition period that takes effect after Brexit will be extended by a year.
‘The UK is clear that the future customs arrangement needs to deliver on the commitments made in relation to Northern Ireland. The UK expects the future arrangement to be in place by the end of December 2021 at the latest,’ it states.
Concerns shared in Brussels ‘All-weather proposals’