Brussels dangles tiny glimpse of hope over a new deal on Brexit
THERESA May was last night left with only a faint glimmer of hope from Brussels over her demands to renegotiate the customs backstop.
The Prime Minister will be in Brussels today and is expected to tell EU leaders she needs ‘legallybinding’ assurances on the issue to get a Brexit deal past MPs.
But sources in Brussels yesterday insisted there were no plans to offer such a solution and suggested no such offer can be made.
Instead, the EU is only likely to offer ‘clarifications’ that the EU does not want to use the backstop and it should be a last resort.
However, it may also include a pledge to consider ways of giving further assurances that, while not binding, carry more legal weight.
One paragraph of the draft conclusions to be considered by EU leaders, seen by the Mail, says: ‘The union stands ready to examine whether any further assurance can be provided.’
However, it adds: ‘Such assurance will not change or contradict the Withdrawal Agreement.’
One paragraph in the draft summit conclusions that could help Mrs May says the backstop were to be triggered ‘it would apply only temporarily unless and until it is superseded by a subsequent agreement’. The text adds: ‘In such a case, the union would use its best endeavours to negotiate a subsequent agreement that would replace the backstop, so that it would only be in place for a short period and only as long as strictly necessary.’
Mrs May is seeking assurances that Britain could never become ‘trapped’ indefinitely in the customs backstop, which will come into effect if no trade deal is struck to avoid a border emerging between Ireland and Northern Ireland.
Some MPs fear the agreement could lead to Britain being tied to the bloc’s customs regime indefinitely – opposition that led to Mrs May shelving a scheduled Commons vote on the deal on Tuesday.
EU sources appeared to rule out the idea of any further assurances being legally binding. One senior diplomat said yesterday: ‘The Withdrawal Agreement and political declaration are set. We don’t think a legal instrument is possible here.’
Another senior official added: ‘What is not feasible is renegotiations of the Withdrawal Agreement of the deal which was reached. This is not on the table and whatever reassurance will be given they cannot contradict the deal which was agreed on November 25. I don’t know what’s possible, but what I know is impossible is to renegotiate the deal – that’s impossible.’
Another senior EU source suggested a solution could be to beef-up language in the political declaration on the future relationship – the part of the deal that is not legally binding.
EU Council chief Donald Tusk wrote to EU leaders yesterday pledging to listen to Mrs May before making any ‘conclusions’.
‘This is not on the table’