Most of Theresa May’s statement today was simply a reiteration of what she had said in Florence. But we did get clarity on one crucial point. In answer to a question from Jacob Rees-Mogg, Theresa May explicitly accepted that the European Court of Justice would have a role during the transition. She said that she hoped it would be replaced at some point by a new dispute resolution mechanism. But at the beginning of the transition, the ECJ will be the arbiter.
Now, there will be Brexiteers who don’t like this; Jacob Rees-Mogg’s question was seeking an assurance that this would not be the case. But if the transition is to see the UK stay inside the single market in everything but name, it is hard to see how this can be avoided. But it does make it all the more vital that the transition is time limited.
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