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| Version 3 | Version 4 |
|---|---|
| Brexit: What is the Irish border backstop? | Brexit: What is the Irish border backstop? |
| (about 1 month later) | |
| A key part of the Brexit negotiations has been the border that separates Northern Ireland and the Republic of Ireland. | A key part of the Brexit negotiations has been the border that separates Northern Ireland and the Republic of Ireland. |
| The border is a matter of great political, security and diplomatic sensitivity in Ireland. | The border is a matter of great political, security and diplomatic sensitivity in Ireland. |
| Therefore the UK and EU agreed that whatever happens as a result of Brexit there should be no new physical checks or infrastructure at the frontier. | Therefore the UK and EU agreed that whatever happens as a result of Brexit there should be no new physical checks or infrastructure at the frontier. |
| This is where the controversial "backstop" comes in. | This is where the controversial "backstop" comes in. |
| Go on then, what is the backstop? | Go on then, what is the backstop? |
| The backstop is a position of last resort, to maintain a seamless border on the island of Ireland. | The backstop is a position of last resort, to maintain a seamless border on the island of Ireland. |
| It would involve the UK retaining a very close relationship with the EU for an indefinite period. | It would involve the UK retaining a very close relationship with the EU for an indefinite period. |
| It will apply if the UK and EU have not agreed a final deal at the end of a standstill transition period or if that final deal does not guarantee a soft border. | It will apply if the UK and EU have not agreed a final deal at the end of a standstill transition period or if that final deal does not guarantee a soft border. |
| It will not apply if the UK leaves without a deal in October. | It will not apply if the UK leaves without a deal in October. |
| The EU have insisted that any Brexit deal must contain the backstop. | The EU have insisted that any Brexit deal must contain the backstop. |
| Why might it be needed? | Why might it be needed? |
| At present, goods and services are traded between the two jurisdictions with few restrictions. | At present, goods and services are traded between the two jurisdictions with few restrictions. |
| That is because the UK and Ireland are part of the EU's single market and customs union, so products do not need to be inspected for customs or standards. | That is because the UK and Ireland are part of the EU's single market and customs union, so products do not need to be inspected for customs or standards. |
| But, after Brexit, all that could change - the two parts of Ireland could be in different customs and regulatory regimes, which could mean products being checked at the border. | But, after Brexit, all that could change - the two parts of Ireland could be in different customs and regulatory regimes, which could mean products being checked at the border. |
| The preference of both sides is to prevent this happening through a deep and comprehensive trade deal. | The preference of both sides is to prevent this happening through a deep and comprehensive trade deal. |
| However, the UK's current red lines, which include leaving the customs union and the single market, make that very difficult. | However, the UK's current red lines, which include leaving the customs union and the single market, make that very difficult. |
| A technological solution for the border is favoured by many Brexit supporters but the EU are very sceptical about whether it can work without a degree of close regulatory alignment. | A technological solution for the border is favoured by many Brexit supporters but the EU are very sceptical about whether it can work without a degree of close regulatory alignment. |
| What if the trade deal or the technology aren't enough? | What if the trade deal or the technology aren't enough? |
| Then the backstop would be applied. | Then the backstop would be applied. |
| It would see Northern Ireland staying aligned to some rules of the EU single market. | It would see Northern Ireland staying aligned to some rules of the EU single market. |
| That means that goods coming into Northern Ireland from elsewhere in the UK would need to be checked to see if they meet EU standards. | That means that goods coming into Northern Ireland from elsewhere in the UK would need to be checked to see if they meet EU standards. |
| It would also involve a temporary single customs territory, effectively keeping the whole of the UK in the EU customs union. | It would also involve a temporary single customs territory, effectively keeping the whole of the UK in the EU customs union. |
| These arrangements would apply unless and until both the EU and UK agree they are no longer necessary. | These arrangements would apply unless and until both the EU and UK agree they are no longer necessary. |
| Why has this been so controversial? | Why has this been so controversial? |
| In November 2018, then Prime Minister Theresa May said her cabinet had finally backed a deal between UK-EU negotiators that included agreement on a backstop. | In November 2018, then Prime Minister Theresa May said her cabinet had finally backed a deal between UK-EU negotiators that included agreement on a backstop. |
| This sparked a huge backlash from MPs at Westminster and several of her own ministers resigned in protest. | This sparked a huge backlash from MPs at Westminster and several of her own ministers resigned in protest. |
| They feared that the backstop would be used to permanently trap the UK in the EU customs union, preventing the country from striking its own trade deals. | They feared that the backstop would be used to permanently trap the UK in the EU customs union, preventing the country from striking its own trade deals. |
| Some MPs said the backstop would only be acceptable if it had a strict time limit or if the UK had a unilateral right to end the arrangement. | Some MPs said the backstop would only be acceptable if it had a strict time limit or if the UK had a unilateral right to end the arrangement. |
| The DUP, a Northern Ireland unionist party that props up the Conservative minority government, also objected strongly saying it would not accept any additional Northern Ireland-only checks, because it is concerned that any differences between NI and Great Britain could threaten the union. | |
| However, business and farming groups in Northern Ireland urged support for the backstop saying it was an acceptable way to protect cross-border trade. | However, business and farming groups in Northern Ireland urged support for the backstop saying it was an acceptable way to protect cross-border trade. |
| Non-unionist political parties in Northern Ireland also support the backstop. | Non-unionist political parties in Northern Ireland also support the backstop. |
| However, Mrs May's failure to get parliamentary support for the backstop would ultimately lead to her resignation. | However, Mrs May's failure to get parliamentary support for the backstop would ultimately lead to her resignation. |
| What does legal advice on the backstop say? | What does legal advice on the backstop say? |
| In March 2019 the EU and UK agreed a joint interpretation of the backstop, clarifying the earlier deal. | In March 2019 the EU and UK agreed a joint interpretation of the backstop, clarifying the earlier deal. |
| It explained the ways in which UK could start a "formal dispute" against the EU, if it tried to keep the UK tied into the backstop indefinitely. | It explained the ways in which UK could start a "formal dispute" against the EU, if it tried to keep the UK tied into the backstop indefinitely. |
| It also emphasised that the EU would undertake joint work to find the technological solutions favoured by Brexit supporters. | It also emphasised that the EU would undertake joint work to find the technological solutions favoured by Brexit supporters. |
| This was intended to help Theresa May win parliamentary support for the backstop. | This was intended to help Theresa May win parliamentary support for the backstop. |
| However, her Attorney General, Geoffrey Cox, concluded that "the legal risk remains unchanged" that if a post-Brexit trade agreement cannot be reached due to genuinely "intractable differences", the UK would have "no internationally lawful means" of leaving the backstop without EU agreement. | However, her Attorney General, Geoffrey Cox, concluded that "the legal risk remains unchanged" that if a post-Brexit trade agreement cannot be reached due to genuinely "intractable differences", the UK would have "no internationally lawful means" of leaving the backstop without EU agreement. |
| What happens now? | What happens now? |
| Prime Minister Boris Johnson says he is committed to "getting rid" of the backstop, describing it as "divisive" and "anti-democratic". | Prime Minister Boris Johnson says he is committed to "getting rid" of the backstop, describing it as "divisive" and "anti-democratic". |
| "No country that values its independence, and indeed its self-respect, could agree to a treaty which signed away our economic independence and self-government as this backstop does," Mr Johnson told the House of Commons. | "No country that values its independence, and indeed its self-respect, could agree to a treaty which signed away our economic independence and self-government as this backstop does," Mr Johnson told the House of Commons. |
| He is adamant that a no-deal Bexit is preferable to the backstop. | He is adamant that a no-deal Bexit is preferable to the backstop. |
| However, the EU has, so far, given no signal that it will be willing to renegotiate. | However, the EU has, so far, given no signal that it will be willing to renegotiate. |