Brexit Backstop Could Endure ‘Indefinitely,’ Legal Advice Says

(Bloomberg) -- The U.K. government was forced by Parliament to publish Attorney General Geoffrey Cox’s legal advice on the Brexit deal.

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The statement shows:

• The so-called customs backstop -- the insurance mechanism that kicks in if the Irish border issue cannot be resolved -- could remain “indefinitely”
• Here is the full, key, quote: “Therefore, despite statements in the Protocol that it is not intended to be permanent, and the clear intention of the parties that it should be replaced by alternative, permanent arrangements, in international law, the Protocol would endure indefinitely until a superseding agreement took its place in whole or in part, as set out therein.”
• NOTE: This legal advice is likely to enrage pro-Brexit Conservative lawmakers and make Prime Minister Theresa May’s deal even less likely to pass the House of Commons when members of Parliament vote on the matter Dec. 11
• Brexit deal cannot force EU to end Irish backstop: “The WA cannot provide a legal means of compelling the EU to conclude such an agreement"
• Earlier, May Loses Control Over Brexit Endgame in U.K. Parliament War (2)

To contact the reporter on this story: Kitty Donaldson in London at kdonaldson1@bloomberg.net

To contact the editors responsible for this story: Tim Ross at tross54@bloomberg.net, Stuart Biggs, Neil Callanan

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