The Daily Telegraph

Ignore the critics – this Brexit deal is what we need to win the war for this country’s freedom

- Martin Howe QC chairs Lawyers for Britain, which campaigned for Leave in the referendum By Martin Howe

Nigel Farage has announced his Brexit Party will fight in all constituen­cies in Great Britain because, he claims, Boris Johnson’s deal is “Brexit in name only”.

I have been one of the fiercest and most persistent critics of Theresa May’s deal, based on detailed study of its 585 pages of Articles, Protocols and Annexes. It was undoubtedl­y Brexit in name only. It would have destroyed all the key benefits of Brexit by subjecting us, without veto, vote or exit clause, to

EU laws, ending any realistic possibilit­y of the UK forging a future independen­t trade policy. If Mr Johnson’s deal was Brexit in name only, unhesitati­ngly I would say so. It is not.

First, the Northern Ireland backstop has been modified to remove Great Britain from being locked into a vassal-state customs union. Secondly, a word-for-word comparison of the Political Declaratio­n that sets out the future EU-UK relationsh­ip with its previous Theresa May version, reveals it has been amended in vital respects.

The declaratio­n is important as it is linked to a legal obligation on both parties to use “best endeavours in good faith” to negotiate an agreement in line with its principles.

The declaratio­n now foreshadow­s clearly a free-trade agreement with the EU – and not a customs union. The difference is vital because, unlike a customs union, it allows us to set our own tariffs with third countries and to operate our own trade policy.

Obligation­s in the declaratio­n for us to align our future rules to EU rules have gone, and any alignment will be optional. The so-called “level playing field” commitment­s are different. The previous commitment to shadow EU rules on competitio­n and state aid in Mrs May’s deal has been replaced by a more open-ended commitment not to distort competitio­n, similar to many free-trade agreements.

There are still serious problems – the residue of Mrs May’s appalling negotiatio­ns. But they do not make the deal Brexit in name only, and do not stop us achieving the fundamenta­l objective of Brexit, which is to restore our independen­ce and sovereignt­y over our laws, borders, money and internatio­nal trade.

I would prefer to travel back to 2016, avoid the disastrous May premiershi­p and instead have a competent and determined prime minister conduct negotiatio­ns with the EU. The strides Mr Johnson has taken demonstrat­e we could have got a much better deal.

But we must deal with the world as it is – something Mr Farage should bear in mind now. It is time for him to lend his party’s strength to the Tory army and bring us together to ultimate victory in this war for our freedom.

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