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Brexit: Juncker says PM's plan has 'some problematic points' but does not say no, and talks go on – live news Brexit: Juncker says PM's plan has 'some problematic points' but does not say no, and talks go on – live news
(32 minutes later)
Boris Johnson’s plan for an alternative to the backstop is set out in two documents that have been published - his four-page letter to Jean-Claude Juncker (pdf) and a seven-page explanatory note (pdf). There is also a legal text, but that has not been published.
Here are the main points.
Johnson has backed away from claims that this is a final, take-it-or-leave-it offer to the EU. No 10 was briefing this line last night, and some ministers used the term “final offer”. (See 10am.) But Johnson did not use this language in his conference speech. (See 12.56pm.) And in his letter to Juncker Johnson strongly hints that further changes might be acceptable. He says:
This letter sets out what I regard as a reasonable compromise: the broad landing zone in which I believe a deal can begin to take shape.
Johnson admits that his overall plan for Brexit is different to Theresa May’s, and that he wants the UK to end up less aligned to the EU than she proposed. He often implies that the only thing he disliked about her deal was the backstop. But in his letter to Juncker he says, more explicitly than he usually does, that the argument about the backstop is also an argument about Brexit’s final destination. He says:
The backstop acted as a bridge to a proposed future relationship with the EU in which the UK would be closely integrated with EU customs arrangements and would align with EU law in many areas. That proposed future relationship is not the goal of the current UK Government. The Government intends that the future relationship should be based on a Free Trade Agreement in which the UK takes control of its own regulatory affairs and trade policy. In these circumstances the proposed “backstop” is a bridge to nowhere, and a new way forward must be found.
Johnson’s plan essentially replaced a UK-wide backstop with a Northern Ireland (NI) only backstop (which is what was originally planned before May proposed the UK-wide one to satisfy the DUP). Under May’s plan the whole of the UK would have stayed in the customs union, and NI would also have stayed bound by some single market (regulatory) rules. Johnson has reverted to a NI-only model, with two features: Northern Ireland staying in an all-island regulatory zone for goods, meaning a regulatory border down the Irish Sea; but Northern Ireland staying in UK customs territory, meaning a customs border in Ireland.
Northern Ireland would be in an all-island regulatory zone for goods including agrifoods. In his letter Johnson says:
For as long as it exists, this zone would eliminate all regulatory checks for trade in goods between Northern Ireland and Ireland by ensuring that goods regulations in Northern Ireland are the same as those in the rest of the EU.
The UK government has accepted that this would involve more checks on goods entering Northern Ireland from Great Britain. The explanatory note says:
Building on the existing practice established to maintain the single epidemiological unit (SEU) on the island of Ireland, Northern Ireland would align with EU SPS rules, including those relating to the placing on the market of agri-food goods. Agrifood goods entering Northern Ireland from Great Britain would do so via a border inspection post or designated point of entry as required by EU law, building on the provisions that already exist to support the SEU. They would be subject to identity and documentary checks and physical examination by UK authorities as required by the relevant EU rules.
The Northern Ireland assembly would have to vote for Northern Ireland to stay in the all-island regulatory zone - before it took effect from January 2021 (when the transition period is due to end) and every four years afterwards. Johnson says in his letter.
This regulatory zone must depend on the consent of those affected by it. This is essential to the acceptability of arrangements under which part of the UK accepts the rules of a different political entity. It is fundamental to democracy. We are proposing that the Northern Ireland executive and assembly should have the opportunity to endorse those arrangements before they enter into force, that is, during the transition period, and every four years afterwards. If consent is not secured, the arrangements will lapse. The same should apply to the single electricity market, which raises the same principles.
This is an essential element of the proposal, but there are at least three potential drawbacks. First, there is no power-sharing executive at the moment, because it has been suspended for nearly three years. Second, this would give the DUP a veto; they would have the power to take NI out of the arrangements. (So would Sinn Fein, but they would not want to do that.) And, third, as the government briefing earlier revealed (see 4.16pm), it is not very clear what would happen if the NI assembly did vote to abandon the arrangement. After a year NI would default to “existing rules”, but that begs the question as to what new arrangements might be needed at the border.
Johnson accepts that goods going between Ireland and Northern Ireland would be subject to customs rules, but he claims there would be no need for checks at or near the border. In his letter he says:
We are proposing that all customs processes needed to ensure compliance with the UK and EU customs regimes should take place on a decentralised basis, with paperwork conducted electronically as goods move between the two countries, and with the very small number of physical checks needed conducted at traders’ premises or other points on the supply chain.
Johnson has admitted that the details of how these new customs rules would work have yet to be finalised. In his letter he goes on:
To enable this, we should both put in place specific, workable improvements and simplifications to existing customs rules between now and the end of the transition period, in the spirit of finding flexible and creative solutions to these particular circumstances.
The explanatory note goes even further, saying that although the arrangement would be based on existing customs legislation, the intention would be to amend that legislation. It says:
The intention is to make a series of simplifications and improvements to that legislation which will ensure that the commitment in the new protocol to ensure no checks or infrastructure at the border will be fulfilled by the end of the transition period.
This implies the EU would be expected to changes its customs rules to accommodate the UK’s wishes.
And he also also admitted that the customs arrangements for goods crossing the north/south Irish border would involve some physical checks. The explanatory note says goods would be imported or exported via a transit mechanism or a prior declaration mechanism. It does on:
Under either process the relevant customs authority will be notified that the consignment has entered their customs territory. Either mechanism would link the movement of the consignment over the border with the information provided to the customs authority, which could identify any goods requiring customs interventions. Physical checks – which would continue to be required only on a very small proportion of movements based on risk assessment – could then take place at traders’ premises or other designated locations which could be located anywhere in Ireland or Northern Ireland.
The note says there would be no need for checks to take place “at, or even near” the border. But the concern in Ireland is that customs officials and customs centres could become a target for terrorists, wherever they are.
Johnson proposes an investment package for Northern Ireland. In his letter he writes:
In order to support Northern Ireland through this transition, and in collaboration with others with an interest, this government proposes a New Deal for Northern Ireland, with appropriate commitments to help boost economic growth and Northern Ireland’s competitiveness, and to support infrastructure projects, particularly with a cross-border focus.
No 10 has not said how much money might be available to NI, but this plan reflects the idea floated by Sajid Javid, the chancellor, when he was a Tory leadership candidate, for a payout worth hundreds of millions to be used as a means of solving the border problem.
Boris Johnson has spoken to Jean-Claude Juncker, the European commission president. Juncker has not rejected the PM’s plan outright, and in fact he has welcomed some aspectsBoris Johnson has spoken to Jean-Claude Juncker, the European commission president. Juncker has not rejected the PM’s plan outright, and in fact he has welcomed some aspects
Here is an extract from the commission’s statement about the talks.Here is an extract from the commission’s statement about the talks.
President Juncker welcomed Prime Minister Johnson’s determination to advance the talks ahead of the October European Council and make progress towards a deal. He acknowledged the positive advances, notably with regards to the full regulatory alignment for all goods and the control of goods entering Northern Ireland from Great Britain. However, the president also noted that there are still some problematic points that will need further work in the coming days, notably with regards to the governance of the backstop. The delicate balance struck by the Good Friday agreement must be preserved. Another concern that needs to be addressed are the substantive customs rules. He also stressed that we must have a legally operational solution that meets all the objectives of the backstop: preventing a hard border, preserving north-south cooperation and the all-island economy, and protecting the EU’s single market and Ireland’s place in it.President Juncker welcomed Prime Minister Johnson’s determination to advance the talks ahead of the October European Council and make progress towards a deal. He acknowledged the positive advances, notably with regards to the full regulatory alignment for all goods and the control of goods entering Northern Ireland from Great Britain. However, the president also noted that there are still some problematic points that will need further work in the coming days, notably with regards to the governance of the backstop. The delicate balance struck by the Good Friday agreement must be preserved. Another concern that needs to be addressed are the substantive customs rules. He also stressed that we must have a legally operational solution that meets all the objectives of the backstop: preventing a hard border, preserving north-south cooperation and the all-island economy, and protecting the EU’s single market and Ireland’s place in it.
President Juncker confirmed to Prime Minister Johnson that the commission will now examine the legal text objectively, and in light of our well-known criteria.President Juncker confirmed to Prime Minister Johnson that the commission will now examine the legal text objectively, and in light of our well-known criteria.
The EU wants a deal. We remain united and ready to work 24/7 to make this happen – as we have been for over three years now.The EU wants a deal. We remain united and ready to work 24/7 to make this happen – as we have been for over three years now.
The UK and EU negotiating teams will meet in Brussels over the coming days.The UK and EU negotiating teams will meet in Brussels over the coming days.
From the Times’ Steven SwinfordFrom the Times’ Steven Swinford
The spartans are movingJohn Redwood, one of the most hardline eurosceptics, says Boris Johnson's commitment to a free trade agreement with the EU is 'very significant''I have always said we should offer a free trade agreement. On the fundamentals I am very pleased with that'The spartans are movingJohn Redwood, one of the most hardline eurosceptics, says Boris Johnson's commitment to a free trade agreement with the EU is 'very significant''I have always said we should offer a free trade agreement. On the fundamentals I am very pleased with that'
John Redwood is one of the 28 Tory Brexiters who voted against Theresa May’s deal on all three occasions.John Redwood is one of the 28 Tory Brexiters who voted against Theresa May’s deal on all three occasions.
And here is Jeremy Corbyn telling the BBC that the proposal is “worse than Theresa May’s deal”.And here is Jeremy Corbyn telling the BBC that the proposal is “worse than Theresa May’s deal”.
“It’s worse than Theresa May’s deal, I can’t see it getting the support that he thinks that it will get”Jeremy Corbyn says Boris Johnson’s Brexit proposals will “undermine the Good Friday Agreement”https://t.co/b7crQY8b0J pic.twitter.com/HoAEWYk0Rn“It’s worse than Theresa May’s deal, I can’t see it getting the support that he thinks that it will get”Jeremy Corbyn says Boris Johnson’s Brexit proposals will “undermine the Good Friday Agreement”https://t.co/b7crQY8b0J pic.twitter.com/HoAEWYk0Rn
A government official said Boris Johnson’s Brexit plan would create a single regulatory zone across Ireland for goods but not services – a suggestion that was previously rejected by the DUP.A government official said Boris Johnson’s Brexit plan would create a single regulatory zone across Ireland for goods but not services – a suggestion that was previously rejected by the DUP.
The major difference between the new arrangements and the backstop is that there will now be a mechanism for consent allowing both the NI executive and assembly to endorse those arrangements, the official said.The major difference between the new arrangements and the backstop is that there will now be a mechanism for consent allowing both the NI executive and assembly to endorse those arrangements, the official said.
Asked what would happen in regards to the border and border checks if Northern Ireland’s democratic institutions voted to end regulatory alignment with the EU, the official said: “That’s a discussion we will have closer to the time.”Asked what would happen in regards to the border and border checks if Northern Ireland’s democratic institutions voted to end regulatory alignment with the EU, the official said: “That’s a discussion we will have closer to the time.”
The prime minister does not intend to extend the transition period but did not rule it out, the official said.The prime minister does not intend to extend the transition period but did not rule it out, the official said.
Crucially, the official was unable to say what would happen if Stormont or the executive rejects the new arrangements. It says in the documents that “if consent is withheld the arrangements will not enter into force or will lapse (as the case may be) after one year and arrangements will default to existing rules”.Crucially, the official was unable to say what would happen if Stormont or the executive rejects the new arrangements. It says in the documents that “if consent is withheld the arrangements will not enter into force or will lapse (as the case may be) after one year and arrangements will default to existing rules”.
The official also conceded that the deal could involve another tranche of money going to Northern Ireland. Asked about the mention of a “New Deal for Northern Ireland” mentioned in Johnson’s letter, the official said: “I wouldn’t dispute that the support is likely to have financial implications.”The official also conceded that the deal could involve another tranche of money going to Northern Ireland. Asked about the mention of a “New Deal for Northern Ireland” mentioned in Johnson’s letter, the official said: “I wouldn’t dispute that the support is likely to have financial implications.”
Nicola Sturgeon, Scotland’s first minister, thinks Boris Johnson’s Brexit plan is “designed to fail”.Nicola Sturgeon, Scotland’s first minister, thinks Boris Johnson’s Brexit plan is “designed to fail”.
Hard to see how the UK government Brexit ‘proposals’ fly. And hard to escape conclusion that they’re designed to fail. For Scotland, the fundamental point remains - these proposals would take us out of the EU, single market and customs union against our will. That’s unacceptable.Hard to see how the UK government Brexit ‘proposals’ fly. And hard to escape conclusion that they’re designed to fail. For Scotland, the fundamental point remains - these proposals would take us out of the EU, single market and customs union against our will. That’s unacceptable.
From ITV’s Robert Peston.From ITV’s Robert Peston.
If Brexit talks with EU break down in next few days, @BorisJohnson won't bother going to EU summit on 17 October, government official says. Which would be a thingIf Brexit talks with EU break down in next few days, @BorisJohnson won't bother going to EU summit on 17 October, government official says. Which would be a thing
Jeremy Corbyn has told Sky News he thinks Boris Johnson’s proposal does not make it clear how the Good Friday agreement would be supported.Jeremy Corbyn has told Sky News he thinks Boris Johnson’s proposal does not make it clear how the Good Friday agreement would be supported.
He also said it was “worse” than Theresa May’s proposal because it envisaged the UK diverging more from EU regulation.He also said it was “worse” than Theresa May’s proposal because it envisaged the UK diverging more from EU regulation.
He says Boris Johnson should come to the Commons tomorrow to explain his plan. He said Labour would be telling him the plan was “not acceptable”.He says Boris Johnson should come to the Commons tomorrow to explain his plan. He said Labour would be telling him the plan was “not acceptable”.
A DUP source said the main shift in the party’s position was not just its decision to accept a time-limited revised backstop, but that at the end of 2024 the process was “opt in” for the region rather than “opt out”.A DUP source said the main shift in the party’s position was not just its decision to accept a time-limited revised backstop, but that at the end of 2024 the process was “opt in” for the region rather than “opt out”.
This is because the Stormont executive and assembly will have a say on whether Northern Ireland stays in regulatory alignment with the EU/Ireland rules.This is because the Stormont executive and assembly will have a say on whether Northern Ireland stays in regulatory alignment with the EU/Ireland rules.
“It’s basically back to the joint report,” said the source in a reference to the December 2017 deal (pdf) between the UK and the EU, which created a backstop for the border in the event of no deal but at the same time guaranteed no barriers between the region and GB unless Stormont agreed.“It’s basically back to the joint report,” said the source in a reference to the December 2017 deal (pdf) between the UK and the EU, which created a backstop for the border in the event of no deal but at the same time guaranteed no barriers between the region and GB unless Stormont agreed.
According to a blogpost from Channel 4 News’ political editor, Gary Gibbon, Boris Johnson and his team are not hugely optimistic about the prospects of the EU agreeing to the No 10 plan. It is worth reading the whole thing, but here’s an extract.According to a blogpost from Channel 4 News’ political editor, Gary Gibbon, Boris Johnson and his team are not hugely optimistic about the prospects of the EU agreeing to the No 10 plan. It is worth reading the whole thing, but here’s an extract.
The word from EU sources is that the new proposal doesn’t look like it’s going to make it into the famed “tunnel” – that’s the secret, detailed negotiating format reserved for EU endgame negotiations.The word from EU sources is that the new proposal doesn’t look like it’s going to make it into the famed “tunnel” – that’s the secret, detailed negotiating format reserved for EU endgame negotiations.
Instead there could be exploratory talks checking out how hard the UK lines are. Everyone is mindful of the blame game that will swiftly follow if talks fail and wants to minimise their exposure.Instead there could be exploratory talks checking out how hard the UK lines are. Everyone is mindful of the blame game that will swiftly follow if talks fail and wants to minimise their exposure.
Simon Coveney has already today said on behalf of the Irish government that what they’ve seen doesn’t look like good news for the chances of a deal (Dublin was briefed yesterday by Sir Ed Lister, Boris Johnson’s adviser alongside No 10 recruit Prof John Bew, Attlee’s biographer) …Simon Coveney has already today said on behalf of the Irish government that what they’ve seen doesn’t look like good news for the chances of a deal (Dublin was briefed yesterday by Sir Ed Lister, Boris Johnson’s adviser alongside No 10 recruit Prof John Bew, Attlee’s biographer) …
Visitors to the executive suites floor of the Midland hotel in Manchester, where the government’s top people held court this week, have been told there is already an expectation that we will soon be in the next phase of this crisis: Boris Johnson refusing to sign the letter requesting a Brexit delay as required by the Benn act.Visitors to the executive suites floor of the Midland hotel in Manchester, where the government’s top people held court this week, have been told there is already an expectation that we will soon be in the next phase of this crisis: Boris Johnson refusing to sign the letter requesting a Brexit delay as required by the Benn act.
No 10 sources say that they then expect that issue to go to the high court on 21 October and the supreme court a couple of days later. (The government’s favoured date for a general election is said to be 28 November – there is “a real keenness” not to have an election in December, No 10 sources have said.)No 10 sources say that they then expect that issue to go to the high court on 21 October and the supreme court a couple of days later. (The government’s favoured date for a general election is said to be 28 November – there is “a real keenness” not to have an election in December, No 10 sources have said.)
The Financial Times’ George Parker thinks the DUP might not have read the government’s plans properly.The Financial Times’ George Parker thinks the DUP might not have read the government’s plans properly.
Confusing DUP statement: "These proposals would ensure that Northern Ireland would be out of the EU Customs Union and the Single Market as with the rest of the United Kingdom." Err. Have they read it? It would create a single regulatory zone in Ireland, border in Irish SeaConfusing DUP statement: "These proposals would ensure that Northern Ireland would be out of the EU Customs Union and the Single Market as with the rest of the United Kingdom." Err. Have they read it? It would create a single regulatory zone in Ireland, border in Irish Sea
The full text of the DUP statement (see 3.25pm) is here.The full text of the DUP statement (see 3.25pm) is here.
And here is an extract.And here is an extract.
The DUP has always indicated that the United Kingdom must leave the EU as one nation and in so doing that no barriers to trade are erected within the UK.The DUP has always indicated that the United Kingdom must leave the EU as one nation and in so doing that no barriers to trade are erected within the UK.
This offer provides a basis for the EU to continue in a serious and sustained engagement with the UK government without risk to the internal market of the United Kingdom.This offer provides a basis for the EU to continue in a serious and sustained engagement with the UK government without risk to the internal market of the United Kingdom.
It will require changes to the draft withdrawal treaty and we welcome the fact that all sides now recognise that requirement in order to secure agreement.It will require changes to the draft withdrawal treaty and we welcome the fact that all sides now recognise that requirement in order to secure agreement.
These proposals would ensure that Northern Ireland would be out of the EU customs union and the single market as with the rest of the United Kingdom ...These proposals would ensure that Northern Ireland would be out of the EU customs union and the single market as with the rest of the United Kingdom ...
Further work remains to be completed between the UK and the European Union but we would encourage all concerned to approach these discussions in a positive mind-set within a spirit of wanting to secure a negotiated withdrawal agreement that can allow everyone to focus on future relationships.Further work remains to be completed between the UK and the European Union but we would encourage all concerned to approach these discussions in a positive mind-set within a spirit of wanting to secure a negotiated withdrawal agreement that can allow everyone to focus on future relationships.
For our part that is the manner in which we will approach these issues over the coming period.For our part that is the manner in which we will approach these issues over the coming period.