What his advice says ... and what it means
Irish border backstop
WHAT IT SAYS: ‘If the Protocol starts to apply after the end of the implementation period, then it will continue to do so unless and until its provisions are superseded by a subsequent agreement between the UK and the EU establishing alternative arrangements.’
WHAT IT MEANS: The ‘backstop’ ensures there is no hard border between Ireland and Northern Ireland if future trade talks fail. The whole of the UK would enter into a customs union with the EU. Ministers insist it will be temporary, but the advice makes clear it is indefinite – raising fears Britain could be locked into it permanently. Exit from the backstop
WHAT IT SAYS: ‘The Agreement does not contain any provision on its termination. In the absence of such a provision, it is not possible under international law for a party to withdraw from the Agreement unilaterally.’
WHAT IT MEANS: ‘The UK cannot unilaterally exit the backstop as the EU has a veto – prompting concerns the divorce is a ‘trap’. If it comes into force it can only be exited if there is a deal or ‘clear’ proof the EU is deliberately avoiding finalising a trade agreement. Any prime minister tearing it up would break the law. If the EU attempts to prevent a UK withdrawal, the European Court of Justice would arbitrate. Rule-taking WHAT IT SAYS: ‘The UK will have exited the EU... which means... no longer participating in the decision-making of the EU’s institutions.’
WHAT IT MEANS: For the duration of the transition period, the UK will have no input on EU rules but must obey them. Brexiteers fear Brussels will conspire to pass laws that hobble the UK economy, such as targeting the UK’s world-leading financial services. Money Britain owes
WHAT IT SAYS: ‘During any extended implementation period, the UK would not be within EU budget arrangements. So the joint committee would decide on an appropriate financial contribution.’
WHAT IT MEANS: Theresa May has already angered critics by agreeing to pay £39billion before securing guarantees on future trade. But if the transition period runs beyond December 2020, the UK will have to write another cheque to the EU. Trade deals
WHAT IT SAYS: ‘The UK [must] align its tariffs with the EU’s Common Customs Tariff. If for any reason that is not possible... the UK may not charge lower tariffs than the EU.’ WHAT IT MEANS: While the UK remains in the single market and customs union, the deal will scupper any prospect of major trade deals around the world because it will keep us tied to EU, tariffs, rules and regulations. Hardline Brexiteers say this means we will not be able to open up markets in other countries. But Mrs May insists the UK will be able to begin negotiating deals with non-EU nations to come into effect when Britain finally leaves the EU’s orbit.