BREXIT LEGAL ADVICE SUMMARY

The government’s 6 page legal advice on Brexit was released this morning revealing the country could be stuck in the backstop due to ‘the absence of a right of termination’ and ‘allows no obvious room for the termination of the Protocol, save by the achievement of an agreement fulfilling the same objective’ of the Irish backstop. 

The advice further highlighted NI could have ‘full access to the single market for goods, and the Customs Union, without corresponding obligations of membership, thus splitting the “four freedoms”.’ This essentially could open the floodgates for other member states looking to exit the EU. 

Further, the Withdrawal Agreement provides that before 1st July 2020, the UK may seek to extend the transition period, but is limited to one extension only. Whilst there may be an appetite for both the UK and EU to extend the implementation period, no agreement to the length of the period was agreed. 

Counsel concluded it was a political decision for the Government to decide, in the absence of a right to terminate the Agreement, the UK may be unable to exit due to a stalemate in negotiations. Recommendation is made for Government to weigh the political and economic implications against such risk to reach a politically stable and permanent basis for a future relationship. 

Today Theresa May met Julian Smith to discuss whether a amendment should be made to the Meaningful Vote with Brexiteers, providing a ‘parliamentary lock’ on the backstop, hence it cannot be entered into without consent of MPs. 

You can access the full advice here

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