The
address that Prime Minister May should give to EU Leaders this
evening (13th December 2018) – but won't
“Colleagues. Thank you for giving me the time to
address you about the continuing concerns in regard to the Withdrawal
Agreement and in particular the so called “backstop”. As you know
this proposal (the “backstop”) will not be ratified by the UK
Parliament and I do not believe that this view will change. That is
why a new arrangement is required if there is to be an agreement. It
is clear to the UK that this new arrangement must consist of a
legally binding protocol which takes precedence over the Withdrawal
Agreement and which would provide the UK with the ability to give
notice of the cessation of that part of the Agreement (say at the
expiry of 3 months) and/or that it would cease to apply after a given
date.
The UK government has been extremely patient in
these negotiations. We have agreed a financial settlement. We have
provided very generous safeguards for EU Citizens and have given
security and defence guarantees. The EU has not detailed the future
trading relationship nor has it indicated how long such trade related
negotiations might take.
We are at a stage therefore where it is urgent
that we provide certainty for people and business. Accordingly in the
absence of a positive and binding response to our proposal for a
legally binding protocol which takes precedence over the Withdrawal
Agreement then the UK government will from 1st January
2019 consider negotiations at an end. Therefore nothing will be
agreed. Should you consider this difficult in terms of presentation
then I would refer you to your own document relating to the EU
Negotiating parameters. The tone and content of what is being said
now and that in the document I refer to are similar.
The UK has conducted negotiations in good faith
yet some of you and some Commission staff think it is normal to
ridicule both myself and the UK’s position – it is not! Of
particular concern is the matter of Northern Ireland and the border
with the Republic. How is it that a senior member of the EU’s
negotiating team think it appropriate to tweet “the price of Brexit
is Northern Ireland”. Let me be direct. The “backstop” proposal
would break the Belfast Agreement as it could presage the economic
control of part of the United Kingdom by a foreign entity. Similarly
the “backstop” proposal would allow for the partial political and
judicial control of part of the United Kingdom also by a foreign
entity. All of this without the necessary requirement in the Belfast
Agreement for the consent of the inhabitants of Northern Ireland.
(At this stage some EU Leaders might start to walk
out – if so say – this is par for the course – you can give it
but cannot take it – it says much more about you than it does us!).
Moreover it is not a breach of trust for the
British people in a democratic vote to say they wish to leave the EU.
You might ask yourself the question why the leave vote won. It is not
necessary therefore to re-build trust as claimed by M. Barnier on
numerous occasions because it has not been broken!
I shall now be directing UK officials, in the
absence of a positive and binding response (or substantial progress
towards) by 1st January, to engage with EU officials to
work on a Managed No Deal.
Since nothing will have been agreed the EU will be
particularly concerned about the UK’s legal obligations in relation
to payments. As I have said before the UK will honour its legal
obligations. However if the circumstances arise whereby there is no
deal then the EU should submit its claims for payment together with
all the relevant documentation. These claims will then be subject to
a forensic audit under the sponsorship of the UK government. The
audit will then report to UK government and Parliament and will
specifically refer to the legal basis for such claims and whether
there has been sufficient information provided to justify them. The
UK government and Parliament will then be requested to authorise
payment.
In respect of security and defence co-operation we
expect to continue with the existing arrangements. We will continue
to provide timely alerts to EU Members on the strict understanding
that this is reciprocated. The same level of reciprocation will be
required in regard to Citizens and their rights. We expect both legal
and actual reciprocity.
I am sorry to have to speak to you in this way but
time is now of the essence and we need to recognise that there are
differing views as to how the world operates and how we think it
should. That is part of the joy of political life. I sincerely hope
that this schism (no deal) does not arise but if it does we will
continue to be close international friends.".
