PM May's address to EU Leaders 13th December

The address that Prime Minister May should give to EU Leaders this evening (13^th 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 1^st 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 1^st 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.".