May’s deal: a legal verdict

The most important point about the draft Brexit withdrawal agreement is that, once it is ratified, the United Kingdom will have no legal route out of it unless the EU agrees to let us out and replace it with another agreement. This makes it unique among trade treaties (including the EU’s), which always contain clauses allowing each party to withdraw on notice. Politicians who claim that this is just a bad treaty — one we can get out of later — are being ignorant or disingenuous.

Halfway through the 585-page document, we find Art. 185, which states a Northern Ireland Protocol ‘shall apply as from the end of the transition period’. Once the Protocol is in force, the UK cannot leave it except by ‘joint’ decision of the UK and the EU. This gives the EU a right of veto over the UK’s exit. In agreeing to this clause, the government has caved in over seeking a right to leave.