The Financial Times reports that the already fragile EU negotiations are in further jeopardy. Concerns have been raised after the European Union announced it was to publish the legal text of December’s Brexit divorce agreement which will stipulate unambiguously how it sees its future relationship with Northern Ireland i.e. how it would align with the Union’s single Market.
I’m sure we all recall the furore between Theresa May and the DUP’s Arlene Foster who four days before the meeting on the 8 December rejected language which was to be used in the Brexit Divorce meeting which would essentially see Northern Ireland remain under the EU’s regulatory orbit- and it was this which was wholly unacceptable to the DUP.
Admittedly May was in a rock and a hard place politically – to avert the walkout of the DUP (an alliance Theresa May rely on to ensure she has a parliamentary majority) some wording was hastily drawn up and vaguely agreed. However, it was as the FT article reminds us, somewhat of a fudge – the wording was deemed so ambiguous as to not have any real meaning and it is unlikely to be coherent enough to be replicated into a final legal document concerning the UK’s withdrawal.
The publication of the official legal text in the next few weeks could seriously hamper the situation domestically. But May will not be able to advance on the next stage of negotiations concerning the transitional period either unless the UK Government is prepared to fully accept that which was agreed on the 8 December – as we know this was a pre-condition to moving to the second stage.
The problem with the legal document which is set to be published imminently is that it will contain much of the detail, something that the UK Government has so far avoided where possible! This is such a delicate and fragile situation that it risks jeopardising many areas politically and May really must tread very carefully.
You can read the excellent full and detailed article here.