The Daily Telegraph

EU threat to take Britain to court over ‘divorce bill’

- By Gordon Rayner POLITICAL EDITOR

Britain will be threatened with court action by the European Union if it tries to walk away without paying a £50 billion “divorce bill”, leaked papers reveal. A draft of the EU’s negotiatin­g strategy for Brexit talks discusses taking Britain to the Internatio­nal Court of Justice in The Hague.

BRITAIN will be threatened with court action by the European Union if it tries to walk away without paying a £50 billion “divorce bill”, leaked papers reveal.

A draft copy of the EU’s negotiatin­g strategy for the forthcomin­g Brexit talks discusses taking Britain to the Internatio­nal Court of Justice in The Hague. It quotes an official as saying that if Britain refuses to pay, “in that case it is, see you in The Hague!”.

Theresa May has received advice from Government lawyers that Britain could legally leave without paying. A House of Lords committee came to the same conclusion.

However, Sir Tim Barrow, Britain’s ambassador to the EU, has warned that Brussels has confidence in “other legal options”.

The leaked document, obtained by the Dutch newspaper De Volkskrant, says the EU strategy will also insist that access to the single market will only be granted if freedom of movement remains.

It came as a poll showed that Remain voters appear to be warming to the idea of Brexit, with more than half wanting an end to freedom of movement. A similar proportion also support a ban on welfare payments for EU migrants.

But nine in 10 people want Britain to maintain free trade with the EU after Brexit, regardless of which way they voted in last year’s referendum.

The survey, by Professor John Curtice of the National Centre for Social Research, shows that Remain voters and Leave voters do not necessaril­y disagree on key aspects of Brexit.

Prof Curtice said: “Many a Remain voter would like to see the end of freedom of movement... the priority that the UK Government appears to place on this issue is not necessaril­y at odds with the views of those who voted Remain.”

In the survey of 2,322 people, 82 per cent of Leave voters and 58 per cent of Remain voters wanted EU migrants to be treated in the same way as non-EU migrants. Among Conservati­ve voters, 93 per cent back free trade, while 81 per cent want an end to freedom of movement, meaning Tories will be the most disappoint­ed if Mrs May does not manage to achieve the goals.

The poll illustrate­s the difficulti­es Mrs May faces as she negotiates a deal that will satisfy the British public.

EU negotiator­s have made it clear that free trade can only be offered in conjunctio­n with freedom of movement, meaning the two top priorities for voters are incompatib­le.

Prof Curtice said it presented the Government “with a considerab­le challenge. Mrs May could well face a hard task at home keeping voters onside.”

Around seven in 10 voters want to keep EU regulation­s on water quality standards at beaches, limits to the cost of mobile phone calls abroad and compensati­on for airline passengers who have experience­d delays. More than two-thirds think Britain should still contribute to EU-funded projects such as important university research.

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