Brexit latest: Theresa May under pressure to reveal legal advice on Irish border issue

Brexit pressure: Theresa May
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Kate Proctor7 November 2018
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Theresa May faced growing pressure today to publish legal advice over plans being drawn up to solve the Northern Ireland border row and break the Brexit talks deadlock.

As the Government seeks to unlock the Irish “backstop” issue, senior Tory, Democratic Unionists and Labour MPs demanded that the full legal evidence she is relying on is shared with the Cabinet or made public.

The advice from Attorney General Geoffrey Cox would explain the legal implications of a backstop arrangement to avoid the return of a hard border between Northern Ireland and the Republic. It could see the entire UK remain in a customs union after the transitional phase ends in 2020, until a new border system could be developed without new physical infrastructure.

Mr Cox is seeking to work up proposals for a “review mechanism” for the backstop after Brussels and Ireland agreed to consider such a plan, which is being seen as a significant concession.

Barnier: EU's Brexit negotiations not driven by spirit of revenge

The EU is refusing to put a time limit on the backstop, while the Government insists it cannot go on indefinitely. But there are concerns that the plan may leave Northern Ireland being treated differently from the rest of the UK. Sir Jeffrey Donaldson, leader of the Democratic Unionist Party, which props up Mrs May’s minority government, said his party would not be pushed by the threat of a Labour government into agreeing a solution that in effect “annexes” Northern Ireland.

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He said: “We’re not afraid of a general election. If the House of Commons is going to have a meaningful vote on a deal upon which this legal advice is very important, then I think people are entitled to know what that legal advice is.”

Shadow Brexit Secretary Sir Keir Starmer told the Standard: “It’s essential MPs are given the opportunity to scrutinise the Attorney General’s legal advice before voting on the final deal. The public have the right to know precisely what the Cabinet has signed up to and what the implications are.”

Environment Secretary Michael Gove is also pushing for the full legal advice to be shared with senior ministers.

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