UK attorney general abandons attempt to get a definite time-limit for Irish backstop
THE UK’s attorney general has abandoned attempts to secure a hard time-limit or unilateral exit mechanism from the Irish backstop.
UK ministers briefed on Geoffrey Cox’s approach said those aims, which represent the central demands of Eurosceptics, are considered too “blunt” and have been rejected by the EU.
Some ministers are already resigned to Prime Minister Theresa May losing a second meaningful vote on her deal in the Commons amid concerns changes to the backstop secured by Mr Cox will not be enough to win over Brexiteers.
Mr Cox is understood to be focusing on securing an enhanced “arbitration mechanism” that allows the UK or the EU to provide formal notice that the backstop should come to an end. The EU is, however, resisting demands for an “independent” arbitration panel, outside the jurisdiction of the European Court of Justice, to decide when the backstop should come to an end.
The approach appears to fall short of the demands of a “star chamber” of eight Eurosceptics, led by the veteran Conservative MP Bill Cash, which will assess the outcome of Mr Cox’s talks in Brussels and determine whether Mrs May’s deal will have the backing of Brexiteers next week.
In a document detailing their demands, they have called for a “legally binding” exit mechanism that will offer a “clear and unconditional route out of the backstop if trade talks fail”.
Mr Cox and Stephen Barclay, the UK’s Brexit secretary, will return to Brussels tomorrow for further talks.
The UK attorney general is seeking changes sufficient for him to alter his legal advice on the backstop, which stated that it could continue indefinitely.
Under Mr Cox’s plans, the UK or the EU will be able to provide formal notification that they wish to end the backstop if one side is considered
to be acting in bad faith or if “alternative arrangements” are in place.
The latest development comes as the Irish Government continues contingency plans for a no-deal crashout and the Cabinet is set to gather at Farmleigh House, Dublin, this evening to be briefed on Brexit and prepped for the annual St Patrick’s Day blitz of international capitals.
With time fast running out before the planned Brexit day of March 29, Mrs May’s Withdrawal Agreement with Brussels is to be put to another “meaningful vote” in Westminster within the next 10 days.
If that fails MPs are to be asked if they want a no-deal Brexit or potentially a delay in the UK leaving the EU.
Britain’s junior justice minister Rory Stewart said he believes the UK government will be forced into seeking an extension to Article 50 if Mrs May’s deal is defeated. He told Sky News this would “resolve nothing” and the UK would still be “in a zombie world, not knowing where we are going”.