The UK government is looking to put down opposition to its reported deal with the EU over a contentious post-Brexit treaty by improving its “presentation,” rather than changing the content itself. An agreement on the Northern Ireland Protocol is understood to have been reached already, though “a few loose ends” have yet to be tied.
No deal has been published, but sources close to talks have revealed that the European Court of Justice (ECJ) will remain the ultimate arbiter on issues relating to EU law in Northern Ireland. The country’s Democratic Unionist Party (DUP) said that should Prime Minister Rishi Sunak push ahead with the ‘wrong’ deal, the division would be cemented for decades. Mr. Sunak, who leads the Conservative and Unionist Party, is, however, reportedly ready to defy the DUP over controversial terms, seeking instead to shift the rhetoric around an agreement.
This week, RTE Europe editor and Brexit authority Tony Connelly, who authored a book on Brexit and Ireland, said he understands that “the deal was basically done last weekend, all the technical stuff included (give or take a few loose ends with text).” After this point, he added, it was up to Mr. Sunak to “sell the deal.” Having failed to do this, “intense talks” have been underway between EU Commission Vice President Maroš Šefčovič and UK Foreign Secretary James Cleverly “to try to finesse things.” Importantly, Mr. Connelly highlighted that possible changes are “all in terms of presentation.”
UK and EU negotiators are now “looking at the text to see what can be better contextualised” regarding the role of the ECJ. Its position as ultimate arbiter will, it seems, not itself change, but text linked to any deal will stress that the court’s involvement will be “a last resort,” Mr. Connelly noted. He reported:
There won’t be a recasting of the deal.
There is a view that Sunak has invested hugely in this process and that if he gives in to [pro-Brexit European Research Group] ERG backbenchers he will be a hostage to future disputes for the rest of his time in office.
If he doesn’t prevail now he will have a potential trade war with the EU as soon as October.
The notion that Mr. Sunak’s nominally unionist government is looking only to change the text surrounding an upcoming deal rather than the contentious substance, in an apparent attempt to appease opponents, comes after former Brexit Party MEP Ben Habib told The European Conservative that the “Tory government fears more the EU than it cares for the integrity of our country.” On this point, the Foreign Office has been approached for comment.
