Following 24 hours of negotiations, the UK government has forged an agreement with EU officials negotiating the UK’s departure on the three key issues of the Ireland border, citizen’s rights and the financial settlement, paving the way for talks to move on to the next stage
The two negotiating teams have published details of the positions, which they say represent ‘a single and coherent package’. Early estimates suggest the UK will pay a financial settlement estimated at €40bn-€45bn (£35bn-£39bn) as it leaves the EU.
On citizen’s rights EU citizens in the UK and UK citizens in the rest of the EU have the right to stay following the UK’s departure in March 2019. Rights of their children and those of partners in existing ‘durable relationships’ are also guaranteed.
UK courts will preside over enforcing rights over EU citizens in Britain but can refer unclear cases to the European court of justice for eight years after withdrawal.
One of the most contentious parts of the package relates to the Irish border. Strong opposition by the DUP – whose MPs give the Conservative party its Parliamentary majority – has led to changes in the wording in the final statement.
This now states that the UK gives a guarantee of avoiding a hard border and does not mention earlier plans for a border running through the Irish Sea. If it is not possible to achieve this objective ‘through the overall EU-UK relationship’, then the UK ‘will propose specific solutions to address the unique circumstances of the island of Ireland.’
The document goes on to state: ‘In the absence of agreed solutions, the UK will maintain full alignment with those rules of the internal market and the customs union which, now or in the future, support North-South cooperation, the all island economy and the protection of the 1998 agreement.’
This includes no new regulatory barriers between Northern Ireland and the rest of the UK unless the Northern Ireland executive and assembly agree that distinct arrangements are appropriate. In all circumstances, the UK will continue to ensure the same unfettered access for Northern Ireland's businesses to the whole of the UK internal market.
The UK and Ireland will also continue to make arrangements between themselves relating to the movement of persons between their territories (common travel area. The document states that the next phase of work will look at the detailed arrangements for this, and will ‘address issues arising from Ireland’s unique geographic situation, including the transit of goods (to and from Ireland via the UK.’
Finally, the UK and EU have agreed a methodology for the financial settlement. This will see the UK will contribute to, and participate in, the implementation of the EU annual budgets for the years 2019 and 2020 as if it had remained in the EU. The UK will contribute its share of the financing of the budgetary commitments outstanding at 31 December 2020.
No figure is put on the final Brexit bill, but observers suggest it will be around €45bn.
Joint report from the negotiators of the EU and the UK government on progress during phase 1 of negotiations under article 50 on the UK’s orderly withdrawal from the EU is here.
Report by Pat Sweet