Papering over cracks: changes in May’s position
In March, the PM set out plans for Brexit. Steven Swinford examines how the White Paper differs
What does the White Paper say?
It suggests there will be a direct role for the European Court of Justice in overseeing a trade deal. It states there should be an “option for the referral” to the court for “interpretation”.
What has the Prime Minister said?
In her Mansion House speech in March, Theresa May said it was a “hard fact” the ECJ will “continue to affect us”. She also said “where appropriate”, the British courts will continue to “look at” judgments by the ECJ.
How is this different and why?
The White Paper goes further than Mrs May’s comments. Eurosceptics believe it gives the EU “binding jurisdiction over the UK” and is a breach of the Prime Minister’s Brexit “red lines”. The EU has insisted the UK must accept the oversight of the ECJ.
What will happen now?
This will be one of the biggest flashpoints, with Tory Eurosceptics warning it will bind UK courts to ECJ rulings. Remainers argue a role for the ECJ is an “unavoidable” part of a frictionless relationship with the EU.
Ability to diverge What does the White Paper say?
Britain has agreed to stick to EU rules on goods and accepted that there will be harsh penalties if the Government later decides to diverge.
What has the Prime Minister said?
Mrs May had not gone into detail about what would happen if the UK diverged from EU regulations. Last October, she told the Commons that “how we manage divergence” is a “key question” for negotiations.
How is this different and why?
Mrs May has agreed to the tough penalties for divergence because she believes “frictionless” trade will make it worthwhile. There were concerns the EU sought a “punishment clause”.
What will happen now?
Brexiteers fear that the penalties will bind the UK to EU rules indefinitely. Remainers say it would require the approval of Parliament and is “necessary” to secure the agreement.
Trade deal What does the White Paper say?
Britain has made an “upfront choice” to commit to a “common rule book”, which would tie the UK to EU rules on goods and agricultural products.
What has the Prime Minister said?
In her speech, Mrs May set out a very different vision as she proposed a “comprehensive system of mutual recognition”. Rather than tying Britain to EU rules on goods, Mrs May proposed Britain’s regulatory standards “remain as high as the EU’S”.
How is this different and why?
The White Paper makes clear there are two drivers behind the plan. The first is to ensure a “frictionless” border to minimise disruption for businesses. The second is that the plans could help avoid a hard border in Ireland.
What will happen now?
Eurosceptics believe the White Paper will inhibit Britain’s ability to sign trade deals outside the EU. Ministers insist Britain will be able to negotiate trade deals, particularly on services, which are not part of the agreement.
Migration What does the paper say?
EU citizens can “travel freely” to the UK without a visa for tourism or “temporary business activity”.
What has Theresa May said?
The Prime Minister has said that while free movement will end, EU citizens will want to continue to work and study in the UK and British citizens will want to go to the continent.
How is this different and why?
The arrangements are intended to ensure skilled workers can come to the UK, and to protect the rights of British citizens living in Europe.
What will happen now?
The Government is holding back its full migration policy until the autumn. Eurosceptics are concerned it is poised to back down by offering EU migrants preferential access to the UK. Expect this to be one of the most explosive clashes of summer.