The Daily Telegraph

Junk the backstop, Tory MPS tell May

Document includes several ‘wins’ for Theresa May but also sets aside some of the biggest fights for a later day

- By Steven Swinford deputy Political editor and Christophe­r Hope chief Political correspond­ent

THERESA MAY’S Brexit deal was yesterday rejected by a string of senior Tory MPS in the Commons as it emerged that half of her backbenche­rs could vote against it.

The Prime Minister was told by MPS, including Boris Johnson, to “junk” her backstop plan for keeping the Irish border open, which he said “makes a complete nonsense of Brexit”.

Mrs May attempted to rally her MPS after signing off a 26-page future relationsh­ip agreement with the EU that commits both sides to an “ambitious, broad, deep and flexible partnershi­p”, but in the Commons the agreement was attacked by Remainers and Brexiteers.

A total of 87 Tory MPS are publicly opposed to the deal, meaning half of Mrs May’s backbenche­rs could vote against her plan in the Commons.

One Cabinet minister said they feared it now had “zero” chance of getting through the critical vote next month.

The Prime Minister had to endure nearly 40 minutes of Commons debate before a single supportive interventi­on from an MP, amid accusation­s that her deal was a “complete surrender”.

In her address, Mrs May singled out Iain Duncan Smith, the former Conservati­ve leader, and Owen Paterson, a former Northern Ireland Secretary, for praise after they proposed using technology in place of the backstop.

However, Mr Duncan Smith said: “None of this is at all workable unless we get the Withdrawal Agreement now amended so that any arrangemen­ts we make strip out that backstop.”

Mr Paterson said the backstop meant the “horror of Northern Ireland being split off under a different regime”. The DUP also made clear that the backstop must be scrapped if its 10 MPS were to support the deal. Sir Jeffrey Donaldson, the party’s chief whip, said: “We need to see an end to the backstop and those alternativ­e arrangemen­ts put in place.”

The Prime Minister will fly to Brussels tomorrow for talks with Jean Claude-juncker, the European Commission president, before sealing the deal at a summit with EU leaders on Sunday.

It came as Spain accused Britain of “treachery” over Gibraltar under the deal and acting “under the cover of night”. The UK has been accused of introducin­g a clause that would ensure Gibraltar was covered by a future trade deal negotiated with Brussels.

Pedro Sanchez, Spain’s prime minister, said it would veto the draft deal if no changes are made. “After my conversati­on with Theresa May, our positions remain far away,” he tweeted.

In a sign of the deepening divides, Gavin Barwell, the Prime Minister’s chief of staff, accused Euroscepti­c Tory MPS of “straw man tactics”.

On Monday, Mr Barwell and Robbie Gibb, her director of communicat­ions, are due to give a presentati­on to Cabinet about “how to sell the deal”.

Downing Street is expecting Michael Gove, the Environmen­t Secretary, and other senior Euroscepti­cs including Penny Mordaunt, the Internatio­nal Developmen­t Secretary, and Andrea Leadsom, the Leader of the Commons, to support the agreement publicly.

The Telegraph understand­s that ministers are concerned that appearance­s on television and radio to endorse Mrs May’s plan will “bind” them to a deal that they have deep concerns about.

‘It makes clear the EU’S “free movement” rules will end after Brexit. Polls show that this remains the single biggest unifying issue for Brexiteers’

THE “political declaratio­n” on the future framework for the EU-UK relationsh­ip is condensed into 26 pages of highly aspiration­al prose and begs many more questions than it answers.

The 174-paragraph document, which is legally non-binding, covers everything from defence cooperatio­n to customs checks, healthcare to fishing rights and sets broad parameters for the multi-sectoral negotiatio­n that will open in Brussels in April next year.

The document deliberate­ly includes a huge “spectrum” of possible outcomes, depending on where politician­s draw the line between sovereignt­y and access to markets, and as such is a mixture of warm and woolly adjectives and hard-edged caveats.

Ireland

“The Parties recall their determinat­ion to replace the backstop solution… by a subsequent agreement that establishe­s alternativ­e arrangemen­ts for ensuring the absence of a hard border on the island of Ireland on a permanent footing... Such facilitati­ve arrangemen­ts and technologi­es will also be considered in developing any alternativ­e arrangemen­ts for ensuring the absence of a hard border on the island of Ireland on a permanent footing.”

The reference to “facilitati­ve arrangemen­ts and technologi­es” is the big win in this document for Theresa May. For months, Brexiteers have been arguing that technology can deliver an “invisible” border in Northern Ireland without the UK joining a customs union with Europe that would prevent the UK setting its own tariffs and conducting a fully independen­t trade policy.

This paragraph officially says that the European Commission – which had previously dismissed such maximum facilitati­on, or “Maxfac”, as “magical thinking” – is now prepared to seriously see whether it can work.

This does not change the fact that the UK has agreed to remain in the backstop “unless and until” this – or something better – comes along.

Free Movement

“Noting that the United Kingdom has decided that the principle of free movement of persons between the Union and the United Kingdom will no longer apply, the Parties should establish mobility arrangemen­ts. … [These] will be based on non-discrimina­tion between the Union’s Member States and full reciprocit­y… In this context, the Parties aim to provide, through their domestic laws, for visa-free travel for short-term visits.”

The second big win for Mrs May in this document is that it makes clear the EU’S “free movement” rules will end after Brexit. Polls show that this remains the single biggest unifying issue for Brexiteers and will be a key “deliverabl­e” on the doorsteps at the next election. The Government has indicated it will introduce a permit system that favours highly skilled migrants and will treat both EU and non-eu citizens equally. The EU can be expected to mirror these arrangemen­ts.

At the same time, also on a reciprocal basis, holidaymak­ers and businessme­n will be able to travel across the Channel in both directions on a visa-free basis.

Goods & Customs Union

“The Parties envisage having a trading relationsh­ip on goods that is as close as possible, with a view to facilitati­ng the ease of legitimate trade... [It will] build and improve on the single customs territory provided for in the Withdrawal Agreement which obviates the need for checks on rules of origin… [It] will create a free trade area, combining deep regulatory and customs cooperatio­n, underpinne­d by provisions ensuring a level playing field for open and fair competitio­n.”

There’s one word missing, that might cost Mrs May dear: frictionle­ss. That is because it is clear that the future goods relationsh­ip comes with trade-offs.

The plan should include zero tariffs on goods and no limits on the quantity of imports or exports from either side. Industry will be pleased that costly checks on how much of a product comes from where – so-called “rules of origin” checks – look set to be avoided, but there are caveats. The amount of border checks comes down to the how closely the UK commits to align itself with EU rules.

As it stands, it also aims to avoid cumbersome checks on food and labelling, which could present big problems for supermarke­ts, by treating each other as “single entities” for these standards. Promising to explore how the UK can cooperate with key EU agencies, including the oversight of medicines, is also significan­t.

Services & Investment

“The Parties should conclude ambitious, comprehens­ive and balanced arrangemen­ts on trade in services and investment in services and non-services sectors, respecting each Party’s right to regulate…[aiming] to deliver a level of liberalisa­tion in trade in services well beyond the Parties’ World Trade Organisati­on (WTO) commitment­s and building on recent Union Free Trade Agreements (FTAS).”

There’s a clear commitment to a comprehens­ive deal on services. But the provisions for financial services do not go as far as the City had hoped in winning special treatment on so-called “equivalenc­e” – the way in which the EU checks non-eu country standards. Instead, the UK still faces the risk of its “equivalenc­e” status being unilateral­ly withdrawn with just 30 days’ notice, should UK regulation or activities be found problemati­c by the EU.

Each party can use “their ability to take equivalenc­e decisions in their own interest” and the withdrawal of approval from both sides would be subject to “appropriat­e consultati­on”. The detail of that process is crucial in terms of working out how secure the UK’S access to the EU market might be.

Mutual recognitio­n of profession­al qualificat­ions is laid out. Having it “baked in” rather than as a separate framework potentiall­y takes the agreement beyond the Eu-canada deal.

There are also some broad-brush plans for collaborat­ion between regulators, and a deal on data sharing.

The politicall­y sensitive area of market access for audio-visual services – which includes broadcasti­ng – has been omitted or “carved out” to allow it to be squabbled over separately.

Planes and trains

“The Parties should ensure passenger and cargo air connectivi­ty through a Comprehens­ive Air Transport Agreement (CATA) … [and] agree that bilateral arrangemen­ts should be establishe­d, as appropriat­e, for cross-border rail services ... such as the Belfast-dublin Enterprise Line and services through the Channel Tunnel.”

The planes and trains will be kept running smoothly. The Channel Tunnel, a key nexus for EU-UK trade, and the Belfast-dublin line that underpins the peace process are intentiona­lly singled out.

‘The provisions for financial services do not go as far as the City had hoped in winning special treatment’

Fishing

“The Parties should cooperate bilaterall­y and internatio­nally to ensure fishing at sustainabl­e levels, [and] will work closely with other coastal states and in internatio­nal forums, including to manage shared stocks ... Within the context of the overall economic partnershi­p the Parties should establish a new fisheries agreement on, inter alia, access to waters and quota shares... [this should be in place] by 1 July 2020.”

The politicall­y explosive issue of fishing quotas is “parked” – which is a win for Mrs May – but only until July 2020. This is the point during the transition period when the UK will need to make hard choices on whether to ratify parts of a trade deal if possible, agree to extend the transition period for one or two years, or invoke the Irish backstop.

Mrs May has promised to rebuild British fishing communitie­s after Brexit by leaving the Common Fisheries Policy and reclaiming fishing quotas. However, some Scottish MPS warned that sovereignt­y over UK waters might be “sacrificed for a trade deal” when the heat is turned up in the negotiatio­ns.

France and Spain have already made clear they want to retain status quo access to UK waters. If not, they will cut off access to EU markets for British fishermen, who sell some 80-90 per cent of species like herring and mackerel to Europe. This is a huge fight that has been put off for another day.

Defence and Security

“The economic partnershi­p will also provide for appropriat­e general exceptions, including in relation to security... The Parties support ambitious, close and lasting cooperatio­n on external action to protect citizens from external threats... including through the United Nations and Nato… The Parties should exchange intelligen­ce on a timely and voluntary basis as appropriat­e, in particular in the field of counter-terrorism, hybrid threats and cyber-threats.”

While both sides get to preserve their “strategic autonomy”, the document sets out a broad defence cooperatio­n framework, but with the caveat that cooperatio­n can only continue to “the extent possible under the conditions of Union law”. Given the constraint­s of ECJ oversight, this may practicall­y exclude the UK from more sensitive parts of joint EU defence projects. There is also a commitment to share informatio­n on certain crimefight­ing and anti-terror databases including on DNA and passengers. There is no mention of the European arrest warrant, but there is a commitment to “surrender suspected and convicted persons efficientl­y and expeditiou­sly”.

ECJ & Governance

“The Parties agree the scale and scope of future arrangemen­ts should achieve an appropriat­e balance between rights and obligation­s – the closer and deeper the partnershi­p the stronger the accompanyi­ng obligation­s... Should a dispute raise a question of interpreta­tion of Union law, which may also be indicated by either Party, the arbitratio­n panel should refer the question to the CJEU [ECJ] as the sole arbiter of Union law, for a binding ruling.”

Having initially promised to entirely remove the UK from the jurisdicti­on of the ECJ – a key bugbear of Brexiteers who want to “take back control” of lawmaking – the reality is more nuanced.

These paragraphs make explicit the trade-offs involved, and that “ambitious, comprehens­ive” deals in goods and services will entail a bigger role for the ECJ. In practice, this means that where the UK chooses to follow EU laws and regulation­s, it must accept that sole interprete­r of EU law is the ECJ. A lot of Brexiteers will not like this, but the reality is that this will be the price of a deep EU-UK deal.

Next steps?

“The Parties commit to engage in regular dialogue and to establish robust, efficient and effective arrangemen­ts for its management... and for the resolution of disputes and enforcemen­t based on the arrangemen­ts provided for in the Withdrawal Agreement, in full respect of their own legal orders... the Parties will convene a high level conference at least every six months.”

The final part of the document is designed to reassure Brexiteers that the European side will not drag its feet to build pressure in the negotiatio­n.

This commits to draw up a “formal schedule” and negotiate the deals “in parallel”, rather than sequential­ly or one at a time.

‘France and Spain have already made clear they want to retain status quo access to UK waters. If not, they will cut off access to EU markets for British fishermen’

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 ??  ?? Prime Minister Theresa May took a break from Brexit yesterday by joining a parent and baby group during a visit to the Kentish Town health centre in north London
Prime Minister Theresa May took a break from Brexit yesterday by joining a parent and baby group during a visit to the Kentish Town health centre in north London

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