The European Union
has rebuffed Boris Johnson’s attempts to tear up the Irish backstop, in
a coordinated response that appeared to close the door on further
meaningful Brexit negotiations.
In remarks shortly before the prime minister departed for a
whistle-stop tour to meet European leaders, Johnson put the blame for
the EU’s hardline response at the feet of Conservative rebels, claiming
his negotiating strategy was being undermined by those who said they
could prevent no deal.
The president of the European council, Donald Tusk,
accused the British government of failing to admit that its policies
would lead to the return of a hard border on the island of Ireland.
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Boris Johnson says EU being 'a bit negative' but insists 'we'll get there' - video
As the standoff played out, the government confirmed that British officials would stop attending most EU meetings from 1 September, a move denounced by critics as showing contempt for British influence in Brussels and allies across Europe.
Johnson suggested the EU’s position was influenced by the
manoeuvres of Conservative MPs who have been examining legislative
methods to stop no deal in the House of Commons, including former
cabinet ministers like Philip Hammond.
Downing
Street has insisted that leaving on 31 October cannot be stopped by any
means, even if parliament were to pass legislation.
“One thing that slightly, I think, complicates the picture is that
our EU friends still clearly think that there is a possibility that
parliament will block Brexit,” the prime minister said. “And as long as
they think there’s a possibility that parliament will block Brexit they are unlikely to be minded to make the concessions that we need. So it is going to take a bit of patience.”
The standoff set the stage for tense encounters between Johnson and
Angela Merkel in Berlin and Emmanuel Macron in Paris, before a gathering
of G7 leaders on Saturday.
The German chancellor is expected to dismiss Johnson’s call to scrap the backstop when she meets him on Wednesday.
“The letter to the president of the European council is not a serious offer, and Boris Johnson
knows it,” said Norbert Röttgen, an ally of Merkel who heads the
Bundestag’s foreign affairs committee. “If Johnson really wanted to
achieve something on his visits to Paris and Berlin, he would have been
well advised against writing this letter.” Quick guide
What is the Brexit 'backstop'?
Tusk, who is also expected to meet Johnson this weekend, wrote: “The
backstop is an insurance to avoid a hard border on the island of Ireland
unless and until an alternative is found. Those against the backstop
and not proposing realistic alternatives in fact support re-establishing
a border. Even if they do not admit it.”
In a sign of the EU’s carefully coordinated response, the European
commission issued its own statement minutes later saying it shared
Tusk’s view.
A commission spokeswoman welcomed the UK government’s “engagement and
commitment to an orderly withdrawal” while making clear its objections.
“We also note that the letter does not provide a legal operational
solution to prevent the return of a hard border on the island of
Ireland,” she said. “It does not set out what any alternative
arrangements could be and in fact it recognises that there is no
guarantee that such arrangements will be in place by the end of the
transitional period.”
Johnson admitted that the EU’s position was “a bit negative” but
suggested Brussels must acknowledge the deal had been summarily rejected
by the UK parliament.
“I saw what Donald Tusk
had to say, and it wasn’t redolent of a sense of optimism,” he said.
“But I think, actually, we will get there. I think there’s a real sense
now that something needs to be done with this backstop.”
The prime minister said the UK had no intention of introducing any
sort of new border checks or infrastructure at the Irish border. “It’s a
bit of a paradox because it is the other side, a bit odd, the other
side of the argument, the EU, who seem to think it might be necessary to
have checks for them to preserve the integrity of the single market,”
he said.
Johnson had dashed any prospect of an early compromise in a letter on
Monday night when he called on the EU to scrap the backstop, which he
said was anti-democratic and “inconsistent with the sovereignty of the
UK as a state”.
The letter was addressed to Tusk, who chairs EU summits. Copies were
also sent to EU27 leaders and the head of the European commission,
Jean-Claude Juncker.
As the EU made its first public statements, diplomats from the 27
countries were sent an analysis that described key arguments in
Johnson’s letter as incorrect and misleading.
The internal document seen by the Guardian states it was “incorrect”
to suggest the people of Northern Ireland would have no influence over
EU laws that applied to them, pointing to provisions in the Brexit
agreement.
Officials had already strongly rejected Johnson’s claim that the
backstop was anti-democratic, pointing to the fact Northern Ireland had
voted to remain in the EU and non-unionist parties were in favour of the
backstop.
Johnson’s
claim that it would be possible for two separate legal and economic
jurisdictions to exist on the island of Ireland with an open border was
judged “misleading” as EU law provided “the common framework needed to
enable frictionless trade between member states today”.
While the EU has said it was ready to examine alternative
arrangements to the backstop, officials have stressed that no such
options exist today anywhere in the world.
Neale Richmond, an Irish senator, said Johnson’s claim that the
backstop posed a threat to the Good Friday agreement was “very
disappointing language”.
“The negotiations ended in November,” he told BBC Radio 4. “The
British government in good faith agreed the withdrawal agreement. And
the backstop isn’t impossible to get out of; that is simply misleading.
However, it cannot be unilaterally exited by one state. What’s the point
of the backstop if one side can simply just rip it up?”
He ruled out a time limit on the backstop. “It is an insurance policy
to protect a very fragile peace deal, therefore it needs the buy-in of
both sides, because both the British and Irish government are
co-guarantors of that Good Friday agreement.”
An Irish government source played down the significance of Johnson’s
letter, saying: “The letter just reiterates the British government’s
position. The EU position remains clear. The withdrawal agreement cannot
be renegotiated and the backstop is part of the withdrawal agreement.”
The backstop was consistent with the Good Friday agreement and did
not undermine the constitutional status of Northern Ireland, an analysis
that London shared during and after negotiations, the source said.
“It’s disappointing that the British government cannot stand over the
commitment it gave in 2017 and 2018.”
Guy Verhofstadt, who chairs the European parliament’s Brexit steering
group, tweeted he did not see any majority in the UK parliament to
remove the backstop. “It is a vital insurance policy, negotiated in good
faith and supported by the people of the island of Ireland. The time
for bluster and political blame games is fast running out.”
Last week a leaked German government paper revealed that Berlin saw a
“high probability” of a no-deal Brexit on 31 October as it was
currently unforeseeable that Johnson would change his “tough negotiating
position”. Additional reporting by Rory Carroll in Dublin and Philip Oltermann in Berlin.
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