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Theresa May admits EU chiefs' letter will disappoint Tory MPs as DUP brands her deal 'dead'

4 min read

A letter from EU chiefs to Theresa May giving assurances the Irish backstop cannot be permanent does not go far enough to win over Tory rebels, Theresa May has admitted.


Speaking in Stoke ahead of tomorrow's crucial House of Commons vote on her deal, the Prime Minister said the measures outlined in the five-page document from Jean-Claude Juncker and Donald Tusk "do not go as far as some MPs would like".

The letter insisted that neither the UK or EU want to enter the backstop, and that if they did it would only be "temporary".

However, it stopped short of putting an end date on it or allowing the UK to leave it unilaterally, as had been demanded by eurosceptic Tories.

Insisting she had won some concessions from Brussels since postponing the meaningful vote a month ago, Mrs May said: "The legal standing of the significant conclusion of the December Council has been confirmed. If the backstop were ever triggered it would only be temporary and both sides would do all they could to bring it to an end as quickly as possible.

"The letters published today have legal force and must be used to interpret the meaning of the withdrawal agreement including in any future arbitration. They make absolutely clear that the backstop is not a threat or a trap."

She added: "I fully understand that the new legal and political assurances which are contained in the letters from Donald Tusk and Jean-Claude Juncker do not go as far as some MPs would like, but I’m convinced that MPs have the clearest assurances that this is the best deal possible and that it is worthy of their support."

In the letter, the two EU leaders made clear that they were "not in a position to agree to anything that changes or is inconsistent with" the deal negotiated by Mrs May last year.

But they set out a raft of "clarifications" designed to ensure that the Northern Ireland backstop will only be temporary.

"The Commission can confirm that, just like the United Kingdom, the European Union does not wish to see the backstop enter into force," the Brussels chiefs write.

"Were it to do so, it would represent a suboptimal trading arrangement for both sides. The Commission can also confirm the European Union’s determination to replace the backstop solution on Northern Ireland by a subsequent agreement that would ensure the absence of a hard border on the island of Ireland on a permanent footing."

The pair also said the EU stood ready to extend the Brexit transition period - currently due to expire in December 2020 - if the two sides "need more time to negotiate" an agreement on Britain's future relationship with the EU.

'THE DEAL IS DEAD'

But Sammy Wilson - the DUP's Brexit spokesperson - quickly rubbished the letter, saying: "As far as we are concerned, the deal is dead because it is quite clear that the EU are not willing to grant any of the changes."

Under the terms of Mrs May's deal with the EU, the backstop is due to kick in only if the two sides cannot agree on a future trading relationship that avoids a hard border between Northern Ireland and the Republic by the end of that transition period.

Former Brexit minister Steve Baker - a key figure in the European Research Group of Brexiteer Tory MPs - meanwhile said the letters did not "change the legally binding surrender" of Mrs May's deal.

He added: "A letter or codicil from the EU Commission and Council cannot replace the commitment in international law that the draft Withdrawal Agreement represents.

"Without changes to the text of the draft agreement, the United Kingdom can still be trapped in the backstop for decades without any means of escape.

"The letter cannot change the status of the draft Withdrawal Agreement from that of a legally binding international treaty obligation.

"Without changing the text of the draft agreement, passing the Withdrawal Agreement would still leave the UK trapped under the EU’s thumb in the backstop indefinitely with no way to leave."

And Labour's Sir Keir Starmer said Mrs May had "once again failed to deliver".

The Shadow Brexit Secretary added: "This is a long way from the significant and legally effective commitment the Prime Minister promised last month.

"It is a reiteration of the EU’s existing position. Once again, nothing has changed."

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