Brexit is back in the Commons next week. As I write in The Sun this morning, two of the big questions are: what will Eurosceptic Tories accept in terms of changes to the backstop and will the Cooper amendment pass.
A document circulating among Tory Eurosceptics sets out what MPs should and shouldn’t regard as a meaningful change to the backstop. It warns that assurances from the EU Council would be ‘worthless’ and that changes to the political declaration would be ‘not legally binding’. It says that an interpretative instrument would have, ‘Some legal value’ but ‘would be a face-saver that would be legally pretty meaningless.’
Interestingly, though, it suggests that the addition of a new protocol, rather than reopening the withdrawal agreement, could be sufficient. It says, ‘Protocols are legally binding. Dependant on wording a Protocol could be added giving the UK a right to exit all or some of the Backstop’.
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