Monday, 11 December 2017

THE FRIDAY DEAL - IS IT BINDING OR NOT?


As I posted yesterday (HERE) it does not help to build trust if you immediately repudiate the deal you have just signed as "meaningless". The PoliticsHome website (HERE) says Davis' comments have sparked a diplomatic row with Ireland.  Joe McHugh, the Irish government chief whip, said in response, "This, as far as we’re concerned, is a binding agreement, an agreement in principle."

Who would trust Davis and May again?  The European Council have not actually agreed to move on to trade talks. The deal last Friday was only to allow the Commission to recommend that sufficient progress has been made. The actual decision will be made later this week but given what the British government is saying it wouldn't surprise me to hear they want more assurances.

And by an odd coincidence, the new negotiating guidelines to be agreed have been leaked (HERE) and this says - in the first paragraph note:

It [The European Council] underlines that negotiations in the second phase can only progress as long as all commitments undertaken during the first phase are respected in full and translated faithfully in legal terms as quickly as possible.

So, it seems that the deal will soon be translated into legal terms and I imagine this will then become binding - or the talks will not progress.

Britain needs to be careful that it's reputation for upholding the rule of law and complying properly and fully with international obligations is not trashed though clumsy negotiating tactics over Brexit. It is already disaster enough.