Brexit: Theresa May, EU agree ‘legally binding assurances’ to break deadlock

Theresa May and EU leaders agree “legally binding changes” to help break the deadlock ahead of tomorrow’s crucial vote.

European Commission President Jean-Claude Juncker and Theresa May give a press conference following their meeting in Strasbourg, Picture: AFP.

British Prime Minister Theresa May has secured an important new concession from the European Union on the eve of a meaningful vote in Westminster, but her deal still faces an uphill battle to pass.

After Mrs May made a last minute dash to Strasbourg ahead of the vote, she and European Council president Jean Claude Juncker this morning (AEDT) jointly announced a new “legally binding” document to provide guarantees about the Irish backstop, which had been a contentious sticking point.

The new documents will allow either side - the European Union or he United Kingdom - to walk away from the backstop conditions if either side felt the other was not acting in good faith.

While the Brexit Withdrawal deal has not been reopened, the new documents are meant to be read in conjunction with the it. The government’s Attorney-General Geoffrey Cox will make a statement before the meaningful vote tomorrow (AEDT) to explain his legal opinion of the documents.

He is expected to change his legal advice from his original admission that the backstop could “endure indefinitely,” The Times reports.

Up until now Mrs May’s meaningful vote faced being defeated by more than 100 votes and while she will now get more support for it, the vote could still be difficult.

Labour Brexit spokesman Keir Starmer confirmed that Labour would not support Mrs May’s deal.

But the Europeans believe they have now given Mrs May enough reassurances to get her deal through parliament.

Mr Junker said alongside Mrs May at a late night press conference: “We left no stone unturned, our mind has always been open, our work always creative and our hand has always been outstretched. It is in this spirit that today the Prime Minister and I have agreed on a joint legally binding instrument relating to the withdrawal agreement. This instrument provides meaningful clarifications and legal guarantees on the nature of the backstop. The backstop is an insurance policy, nothing more, nothing less. The intention is for it not to be used, like in every insurance policy.’’

Our agreement provides meaningful clarifications & legal guarantees to the Withdrawal Agreement & #backstop. The choice is clear: it is this deal, or #Brexit may not happen at all. Let’s bring the UK’s withdrawal to an orderly end. We owe it to history. https://t.co/lfy9eehEZi pic.twitter.com/XCqcLwZV7V

— Jean-Claude Juncker (@JunckerEU) March 11, 2019

Mrs May’s partners the Democratic Unionist Party, which has ten votes in parliament, has yet to decide if the new developments are enough to support the meaningful vote.

Jacob Rees Mogg, a leading member of the hard-Brexiteer European Research Group said: “It’s too early to tell definitively but it’s clearly a step in the right direction;” but he added he wanted to see the details.

Another ERG member Steve Baker said Downing Street has put a very good gloss on what falls short of what was expected. The ERG commands support from about 40 to 60 MPs.

Mrs May said: “Having an insurance policy to guarantee that there will never be a hard border in Northern Ireland is absolutely right – it honours the UK’s solemn commitments in the Belfast/Good Friday Agreement. But if we ever have to use that insurance policy, it cannot become a permanent arrangement and it is not the template for our future relationship. The deal that MPs voted on in January was not strong enough in making that clear and legally binding changes were needed to set that right. Today we have agreed them”.

Mrs May insisted that the new documents will be of comparable legal weight.

”(It)will guarantee that the EU cannot act with the intent of applying the backstop indefinitely. If they do, it can be challenged through arbitration and if they are found to be in breach the UK can suspend the backstop,” she said..

The joint instrument also gives a legal commitment that whatever replaces the backstop does not need to replicate it.

The UK and the EU have also made a joint statement in relation to the political declaration over their future relationship, setting out a number of commitments to enhance and expedite the process of negotiating and bringing it into force. It makes a legal commitment that the UK and the EU will begin work immediately to replace the backstop with alternative arrangements by the end of December 2020.

Calling on Westminster to back the changes, Mrs May said: “MPs were clear that legal changes were needed to the backstop. Today we have secured legal changes.

“Now is the time to come together, to back this improved Brexit deal, and to deliver on the instruction of the British people.”

However Mr Juncker was adamant there would be no more negotiations if the deal is voted down by parliament on Wednesday (AEDT). “The agreement today is the best possible solution,” he said.

#Brexit: We have done everything possible to reassure the United Kingdom. We look forward to a positive vote in the Commons. I hope common sense will prevail. 🇪🇺🇬🇧 pic.twitter.com/NjU9Rz3DTz

— Antonio Tajani (@EP_President) March 11, 2019

Antonio Tajani, president of the European Parliament, tweeted: “We have done everything possible to reassure the United Kingdom ... I hope common sense will prevail.”