Secret Dirty Brexit deal, flawed, Protocol on Ireland and

Northern Ireland

Brussels, 14 November 2018

European Commission - Fact Sheet

What has been agreed on Ireland and Northern Ireland?
The EU and UK negotiators have agreed in full on the terms of the Protocol on
Ireland and Northern Ireland.
The Protocol includes all the provisions on how the so-called “backstop” solution
for avoiding a hard border between Ireland and Northern Ireland would work.
This forms part of the overall Withdrawal Agreement and will apply unless and
until it is superseded, in whole or in part, by any subsequent agreement. Both the
EU and the UK will use their best endeavours to conclude and ratify a subsequent
agreement by 1 July 2020.
As part of the Protocol, a single EU-UK customs territory is established from the
end of the transition period until the future relationship becomes applicable.
Northern Ireland will therefore remain part of the same customs territory as the
rest of the UK with no tariffs, quotas, or checks on rules of origin between
Northern Ireland and the rest of the UK[1].
The Protocol also sets out the UK's commitment to no diminution of rights as set
out in the Good Friday (Belfast) Agreement 1998, and provides for the
continuation of the Common Travel Area arrangements between Ireland and the
United Kingdom. It ensures that the necessary conditions for continued North-
South cooperation are maintained, and preserves the Single Electricity Market on
the island of Ireland.
This agreement addresses in full the unique circumstances on the island of
Ireland. It is the insurance policy that guarantees that, whatever the
circumstances, there will be no hard border between Ireland and Northern Ireland
and it will protect the Good Friday (Belfast) Agreement 1998 in all its dimensions,
North-South cooperation, and the all-island economy.

How will the backstop work?

If an agreement on the future EU-UK relationship is not applicable by 31
December 2020, the EU and the UK have agreed that a backstop solution will
apply until such a time as a subsequent agreement is in place.
Alternatively, the UK may, before 1 July 2020, request an extension of the
transition period. Such a request would be dealt with under article 132 of the
Withdrawal Agreement and must therefore be agreed by the Joint Committee.
In the scenario where the "backstop solution" would apply, this would mean the
following in practice:
 There will be a single EU-UK customs territory. This will
avoid the need for tariffs, quotas or checks on rules of origin
between the EU and the UK.
 The EU and the UK have agreed on a set of measures to
ensure that there is a level playing field between the EU and the
UK.
 The Union's Customs Code (UCC), which sets out, inter
alia, the provisions for releasing products into free circulation
within the EU, will continue to apply to Northern Ireland. This will
 ensure that Northern Irish businesses will not face restrictions
when placing products on the EU's Single Market.
 The UK in respect of Northern Ireland will remain
aligned to a limited set of rules that are related to the EU's Single
Market and indispensable for avoiding a hard border: legislation
on goods, sanitary rules for veterinary controls (“SPS rules”),
rules on agricultural production/marketing, VAT and excise in
respect of goods, and state aid rules.
Why do you need a backstop?
The United Kingdom has decided to leave the Single Market and the Customs
Union. Both the EU and the UK have committed to avoiding a hard border
between Ireland and Northern Ireland and both Parties intend to solve this first
and foremost through a future agreement.
The UK has also committed to respecting the integrity of the EU's Single Market
and Customs Union – and Ireland's place in it.
Given that negotiations on the future EU-UK relationship will only be conducted
during the transition period, the EU and the UK have agreed to include a legally
operational backstop in the Withdrawal Agreement, which guarantees that no
hard border returns – whatever the circumstances. This was agreed in the Joint
Report in December 2017 and reiterated by Prime Minister Theresa May in her
letter to President Tusk in March 2018, through which the UK government
committed to have a legally operative backstop in the Withdrawal Agreement.

How long will the backstop apply for?

The aim of the Protocol is not to create a permanent relationship between the EU
and the UK. The EU and the UK have committed that they will use their best
endeavours to conclude and ratify an agreement by 1 July 2020 which would
replace the backstop as contained in the Protocol, in whole or in part.

Is there any review mechanism foreseen? Can the EU or the UK ask to

stop applying the backstop in whole or in part?
If at any time after the transition period, the EU or the UK considers that this
Protocol, in whole or in part, is no longer necessary, it may notify the other party,
setting out its reasons. The Joint Committee [as established in Article 164 of the
Withdrawal Agreement] will consider the notification and may seek an opinion
from institutions created by the Good Friday (Belfast) Agreement 1998. Following
discussions in the Joint Committee, the EU and the UK may decide jointly that the
Protocol, in whole or in part, is no longer necessary to achieve its objectives.

What is the “Single Customs Territory”?

The EU and the UK have today agreed that a single EU-UK customs territory will
apply from the end of the transition period until such a time as a subsequent
agreement becomes applicable. This single customs territory will comprise of the
customs territory of the Union (as defined in Article 4 of Regulation (EU) No
952/2013) and the customs territory of the United Kingdom.
This means that:
 the UK will align the tariffs and rules applicable to its
customs territory to the Union's external tariffs and rules of origin;
 there will therefore be no tariffs, quotas and checks on rules
of origin between the EU and the UK, with the exception of fishery
and aquaculture products;
 both the EU and the UK have agreed on a series of
measures ensuring a level playing field;
 the UK will harmonise its commercial policy with the EU's
common commercial policy to the extent necessary for the
functioning of the single customs territory. Under no
circumstances can the UK apply a lower customs tariff to its
customs territory than the EU Common Customs Tariff for any
good imported from any third country or apply different rules of
origin.
 The Union shall apply its trade defence policy and
Generalised System of Preferences to both parts of the single
customs territory; it shall consult the UK on any measures or
actions which it considers taking.

What “level playing field” measures have been agreed?

The UK has committed to a level playing field based on open and fair competition
between the EU and the UK given the establishment of the single customs
territory with no tariffs, quotas and checks on rules of origin between the EU and
the UK. The economic interconnectedness of the UK and the EU as well as the
UK's geographic proximity to the EU are key elements to take into account when
regulating the proper functioning of open and fair competition in the single
customs territory.
The Protocol binds the UK to substantive rules, based on international and EU
standards. Apart from competition rules, it is based on the principle of non-
regression from the current levels of protection under international and EU
standards.

State aid
The United Kingdom has committed to apply EU state aid rules, in a way that is
dynamically aligned to the development of those rules in the EU.
For aid granted by the UK that affects trade between Northern Ireland and the
EU, the Commission will continue to enforce State aid rules directly as part of the
backstop solution. The Court of Justice of the EU also remains competent in this
respect.
For State aid granted by the UK affecting trade flows only between the rest of the
UK and the EU, the UK will set up an independent enforcement authority, which
will work in close cooperation with the Commission. UK courts will supervise the
independent enforcement authority. The Commission will have legal standing
before UK courts and the right to intervene in cases.
The Withdrawal Agreement ensures close cooperation between the Union and the
UK. The UK state aid authority will regularly consult with the Commission. A Joint
Committee will allow both Parties to discuss matters of interest and seek
commonly acceptable solutions to disagreements. In case no mutually agreed
solution can be found, interim measures and an arbitration system are foreseen
in case of unresolved conflicts.
Competition
The EU and the UK acknowledge that anti-competitive business practices and
concentrations of undertakings have the potential to distort the functioning of
markets and undermine the benefits of trade.
In this light, the EU and the UK agree that certain agreements between
undertakings, the abuse of dominance by undertakings, and certain
concentrations of undertakings must be prohibited in so far as they affect trade
between the EU and the UK.
The EU and the UK commit to ensuring that their respective competition laws
effectively enforce these agreed rules. More concretely, the UK commits to ensure
that administrative and judicial proceedings are available in order to permit the
effective and timely action against violations of competition rules, and provide for
effective remedies. In case of disputes about whether the UK complies with these
commitments, dispute settlement through arbitration is available.

Taxation
The UK has committed to implementing the principles of good governance in the
area of tax, as recently agreed by the Council. These include global standards on
transparency and exchange of information, fair taxation and OECD-BEPS
standards. It will continue to apply its domestic law which transposes the EU
Directives on the exchange of information on taxation, anti-tax avoidance rules
and Country-by-Country-Reporting by credit institutions and investment firms.
Moreover, the UK reaffirms its commitment to curb harmful tax measures as
defined in the EU Code of Conduct.
The implementation of this commitment will be addressed by the Joint-
Committee.

Environment
The EU and the UK have committed to maintain the current level of
environmental protection. Both Parties have committed not to lower the EU's
existing environmental standards in key areas such as industrial emissions, air
quality targets, nature and biodiversity protection and environmental impact
assessments. The UK will abide by key environmental principles, such as the
"polluter pays" and the precautionary principle. Furthermore, the Joint Committee
will - based on existing EU standards - lay down specific minimum commitments
on issues such as pollution, sulphur in marine fuel and use of best available
techniques governing industrial emissions.
The EU and the UK have also agreed to take the necessary measures to meet
their respective commitments to international agreements to address climate
change, including the Paris Agreement. Finally, the UK will implement a system of
carbon pricing that is at least as effective as the EU Emission Trading Scheme for
greenhouse emission allowances.
The UK has committed to ensuring the effective enforcement of such common
standards in its law, regulations and practices and to set up a new independent
body with the task of monitoring, reporting, overseeing and enforcing these
commitments. The new independent authority will be able to receive complaints
and conduct own-initiative inquiries and bring legal action before a domestic court
for remedial action. In this context, the UK has committed to effective
administrative and judicial proceedings which will give the right to authorities and
members of the public to seek effective remedies and obtain sanctions that are
effective, proportionate, dissuasive and deterrent.

Labour and social protection

A non-regression provision also applies to labour and social protection standards.
The EU and the UK have committed not to reduce their common level of
protection provided by their laws, regulations and practices as a result of the
implementation of Union law and ratified international conventions, such as the
International Labour Organisation conventions and the Council of Europe's Social
Charter.
This includes provisions in relation to fundamental rights at work, such as non-
discrimination and equal pay, occupational health and safety, fair working
conditions and employment standards, and social rights related to restructuring of
companies.
The UK will ensure effective enforcement through existing domestic authorities
and an effective system of labour inspections. The UK has also committed to
effective administrative and judicial proceedings.

How will these “level playing field” measures be enforced?

The enforcement of State aid and competition rules is outlined above.
The maintenance of the same level of social and environmental protection will be
subject to dispute resolution in the Joint Committee. Disputes on the
effectiveness of the UK's monitoring and enforcement of the common standards
can, in addition, be brought to arbitration.
In taxation, an infringement by the UK of applying the domestic legal rules which
transpose EU tax directives covered by the Agreement will be subject to judicial
dispute settlement with the possibility of sanctions.
The Union will be able to adopt unilateral measures either under the Agreement
or on the basis of Union law, and in line with international commitments. These
measures may include the possibility to temporarily suspend obligations in the
case of non-compliance with an arbitration ruling, safeguards or rebalancing
measures (in the case of serious economic difficulties that are liable to persist),
the listing of uncooperative jurisdiction for tax purposes, or action for health and
environmental protection in line with international commitments (GATT).

How can you include a UK-wide customs union in the Withdrawal

Agreement? Is it not part of the future relationship?
The Withdrawal Agreement under Article 50 can wind down or phase out existing
situations or it can provide a bridge to the future relationship.
This means that the Withdrawal Agreement may include elements that form the
basis on which arrangements in the future relationship are built. The Protocol is
therefore only intended to apply temporarily, unless and until a subsequent EU-
UK agreement is put in place.

Will Northern Ireland be in a different customs territory to the rest of

the United Kingdom?
No. Northern Ireland will form part of the same customs territory as the rest of
the UK, which forms a single customs territory with the EU.
However, under the backstop and in order to avoid a hard border, Northern
Ireland businesses can place products on the EU's internal market without
restriction. Placing goods on the internal market that come from outside of
Northern Ireland requires that the processes provided for in the Union Customs
Code will have to be applied.

Will fisheries be included in the “Single Customs Territory”?

Arrangements on fisheries will be negotiated as part of the overall future
partnership. The EU and the UK will use their best endeavours to agree on a
 fisheries and aquaculture agreement by 1 July 2020. An essential condition for
this single customs territory to cover fisheries and aquaculture products will be to
agree between the Union and the UK on access to waters and fishing
opportunities. We have shared objectives to ensure fishing at sustainable levels
and promote resource conservation'

Will Northern Ireland remain aligned to the rules and regulations of the
EU? Will Northern Ireland have to apply the EU's Customs Code?
In order to avoid a hard border on the island of Ireland, and to ensure that
Northern Irish businesses can place products on the EU's Single Market without
restriction, it will be necessary for the UK in respect of Northern Ireland to
maintain specific regulatory alignment with the EU, as has been agreed between
the EU and the UK in the December 2017 Joint Report.
This means that Northern Ireland will remain aligned to a limited set of EU rules
that are indispensable for avoiding a hard border, namely:
 legislation on VAT and excise in respect of goods
 legislation on goods standards
 sanitary rules for veterinary controls ("SPS rules")
 rules on agricultural production/marketing
 state aid rules.
As explained above, the EU's Customs Code will also continue to apply in
Northern Ireland within the overall context of the single customs territory
between the EU and the UK.

Will Northern Ireland remain part of the UK's VAT area?

Yes, Northern Ireland will remain part of the UK's VAT area, with HMRC remaining
responsible for the operation and collection of VAT, and the setting of VAT rates
across the UK, in line with the VAT directive. Specifically, the UK will ensure that
no business is required to pay VAT upfront when moving goods between Great
Britain and Northern Ireland, and that accounting for VAT can continue to be done
through postponed accounting and VAT returns.
However, to ensure that Northern Ireland continues to be able to operate the
EU's VIES system (VAT Information Exchange System) and to share data with
Ireland, Northern Ireland will be required to remain aligned to EU VAT rules, but
only with respect to goods.

Will there need to be checks between Northern Ireland and Ireland?

There will be no need for checks or controls on goods or persons crossing the
border between Northern Ireland and Ireland. There will be no hard border on the
island of Ireland. The Common Travel Area can also continue to function. The UK
has committed that this will not affect the obligations of Ireland under Union law,
in particular with respect to free movement of EU citizens and their family
members to, from and within Ireland.

What checks will need to take place on goods entering Northern Ireland
from the rest of the UK?
In order to ensure that Northern Irish businesses can place products on the EU's
Single Market without restriction – and given the island of Ireland's status as a
single epidemiological area – there would be a need for checks on goods
travelling from the rest of the UK to Northern Ireland. There would be a need for
 some compliance checks with EU standards, consistent with risk, to protect
consumers, economic traders and businesses in the Single Market.
The EU and the UK have agreed to carry out these checks in the least intrusive
way possible. The scale and frequency of the checks could be further reduced
through future agreements between the EU and the UK.
 For industrial goods, checks are based on risk assessment,
and can mostly take place in the market or at traders' premises by
the relevant authorities. Such checks will always be carried out by
UK authorities.
 As for agricultural products, already existing checks at ports
and airports will need to continue, but will be increased in scale in
order to protect the EU's Single Market, its consumers and animal
health.

Will Northern Irish businesses still have unfettered access to the rest of
the UK?
Nothing in this Protocol prevents unfettered market access for Northern Ireland
products in the rest of the UK. Nothing in this text prevents a product originating
from Northern Ireland as being considered as a UK good when placed on the
market in the rest of the UK.

Who will be responsible for implementing and applying the backstop in

Northern Ireland?
The authorities of the United Kingdom will be responsible for implementing and
applying the backstop in Northern Ireland. The EU will have the right to obtain
information and request control measures. The UK will facilitate any requests
made by EU representatives. The practical arrangements for this will be
determined by the Joint Committee, following a proposal from the Specialised
Committee.

How will certification and product approval work in Northern Ireland?

Where existing EU law provides for the possibility for an authority/body in
another Member State to issue product approvals/certificates, this option should
be used by Northern Irish businesses if they want to export to the EU27 Member
States.
On the other hand, Northern Irish businesses can rely on authorisation via UK
authorities (for example, in specific areas that require on-site inspections under
EU law (veterinary certificates, production sites of pharmaceuticals,
slaughterhouses). UK authorities would apply Union law in respect of Northern
Ireland, and could decide to make such certificates valid UK-wide.
Products from Northern Ireland can continue to be labelled or marketed as UK
products throughout the rest of the United Kingdom. Where EU law on goods is
concerned, Northern Irish products shall be indicated as "UK(NI)". A relevant
example would be regarding ear tags for live animals.

What guarantees does the backstop provide to protect the integrity of

the EU's Single Market and Customs Union?
The UK in respect of Northern Ireland will apply the Union customs code and
remain aligned to EU rules and standards on goods. Authorisations by UK
authorities for products to be placed on the market, as well as technical
regulations, assessments, registrations, certificates and approvals issued by UK
 authorities or bodies in the UK will be valid for Northern Ireland only. If a
Northern Irish business wants to place a product on both the Northern Irish
market and the EU Single Market, an authorisation from an EU27 Member State
authority or body will be necessary.

Will the jurisdiction of the European Court of Justice extend to Northern

Ireland?
The Withdrawal Agreement will have direct effect. This means that UK courts will,
in practice, apply this agreement, in the same way as they apply EU law today.
The European Court of Justice is the ultimate arbiter of EU law. For issues related
to EU law concepts outlined in the Withdrawal Agreement, including aspects of
the Protocol, the ECJ will remain the ultimate arbiter. For all other areas of the
Protocol, the enforcement and dispute resolution arrangements provided in the
Withdrawal Agreement will apply'.

What else does the Protocol contain beyond the "backstop"?

The Protocol on Ireland and Northern Ireland also contains provisions that
address a number of other unique circumstances on the island of Ireland, beyond
issues related to customs and regulatory matters, most notably:
 The Common Travel Area between Ireland and the
United Kingdom and its associated rights and privileges will
continue to apply in conformity with EU law, in particular on free
movement of EU citizens.
 The UK will ensure that there will be no diminution of
rights, safeguards and equality of opportunity as set out in
the Good Friday (Belfast) Agreement 1998, including with regard
to EU law on non-discrimination. This commitment will be
implemented and monitored through dedicated mechanisms.
 The Single Electricity Market will be maintained on the
island of Ireland.
 North-South cooperation will continue, including in the
areas of environment, health, agriculture, transport, education
and tourism, as well as in the areas of energy,
telecommunications, broadcasting, inland fisheries, justice and
security, higher education and sport. The report will be published
shortly.
How will the commitment to no diminution of “Rights, Safeguards and
Equality of Opportunity” as outlined in the Good Friday (Belfast)
Agreement 1998 work?
The UK will remain bound by the obligations it entered into as a co-guarantor to
the Good Friday (Belfast) Agreement 1998.
The UK has confirmed its commitment to ensure no diminution of the rights,
safeguards and equality of opportunity set out in the Good Friday (Belfast)
Agreement. This includes a commitment to no diminution in rights in the area of
non-discrimination at the time of or following its withdrawal from the European
Union and Annex 1 lists the existing EU Directives that have been adopted by the
European Union in this area. The commitment to no diminution applies further to
all rights, safeguards and equality of opportunity concepts set out in the Good
Friday/Belfast Agreement.
Article 1(1) of the Protocol provides that the UK will implement this paragraph
through dedicated mechanisms. Article 1(2) provides that the United Kingdom will
 continue to facilitate the work of the institutions and bodies established under the
Good Friday/Belfast Agreement.
The United Kingdom will set out further information on its commitments in this
respect.

Will Irish citizens in Northern Ireland continue to enjoy their rights as EU

citizens?
Northern Ireland will no longer be part of the EU, but a great number of people
born and raised there will continue to be EU citizens. They will continue to enjoy
their rights as Union citizens under the Treaties. Under the Treaty (on the
functioning of the European Union) they will in particular continue to enjoy the
following rights:
 non-discrimination on the basis of nationality
 move and reside freely within the EU
 consular protection (help from the embassy or consulate of
any other EU country to EU citizens in distress in a country outside
the EU where they have no embassy or consulate of their own
country)
 petition the European Parliament and complain to the
European ombudsman
 contact and receive a response from any EU institution in
one of the EU's official languages
 access European Parliament, European Commission and
Council documents under certain conditions
 access to the EU Civil Service

What will happen to the PEACE and INTERREG programmes?

The EU and the UK are committed to the PEACE and INTERREG funding
programmes under the current multi-annual financial framework and to
maintaining the current funding proportions for the future programme. The
Commission has already proposed the continuation of PEACE and INTERREG for
Northern Ireland and the border regions of Ireland beyond 2020 under a single
programme PEACE PLUS. It will now be for Member States, with the consent of
the European Parliament, to decide on this.

What is North South Cooperation and how will it be protected in the

context of the UK's withdrawal?
Cooperation between Ireland and Northern Ireland is a central part of the Good
Friday (Belfast) Agreement and is essential for achieving reconciliation on the
island of Ireland.
In implementing the Protocol, the conditions necessary for continued North-South
Cooperation will be maintained in a range of areas including the environment,
health, agriculture, transport, education, tourism, energy, telecommunications,
broadcasting, inland fisheries, justice and security, higher education and sport.
The protocol recognises that, in full respect of Union law, new arrangements
building on the provisions of the Good Friday/Belfast Agreement in these and in
other areas of North-South cooperation, can continue to be made on the island of
Ireland.
Both parties have recognised that the UK's departure from the EU gives rise to
substantial challenges to the maintenance and development of North South
Cooperation. In this context, the avoidance of a hard border on the island of
Ireland, as provided for in other Articles of this Protocol, is an essential
precondition to protecting North South Cooperation.

[1] Fisheries and aquaculture products are not within the scope of the single
customs territory, see below.
http://europa.eu/rapid/press-release_MEMO-18-
6423_en.htm

Draft Agreement on the withdrawal of the United Kingdom

of Great Britain and Northern Ireland from the European
Union and the European Atomic Energy Community 14
November 2018
https://assets.publishing.service.gov.uk/government/uploa
ds/system/uploads/attachment_data/file/756374/14_Nove
mber_Draft_Agreement_on_the_Withdrawal_of_the_United_
Kingdom_of_Great_Britain_and_Northern_Ireland_from_the
_European_Union.pdf
The 585-page draft agreement between Brussels and London will
become the legal basis for Britain’s departure from the European
Union — if it is agreed by EU27 leaders, then ratified by the U.K.
parliament and the European Parliament.
OUTLINE OF THE POLITICAL DECLARATION SETTING OUT
THE FRAMEWORK FOR THE FUTURE RELATIONSHIP
BETWEEN THE EUROPEAN UNION AND THE UNITED
KINGDOM PART I- INITIAL PROVISIONS 14 November 2018
https://assets.publishing.service.gov.uk/government/uploa
ds/system/uploads/attachment_data/file/756378/14_Nove
mber_Outline_Political_Declaration_on_the_Future_Relation
ship.pdf
Esther McVey posts resignation shortly after Mr Raab as pressure grows on PM
Esther McVey RESIGNS as Work and Pensions Secretary
They are coming thick and fast now. Esther McVey is next out of the Cabinet door
marked “Brexit” as she hands in her notice.

Work and Pensions Secretary Ms McVey posted her resignation letter on Twitter.

Two Cabinet resignations already this morning. Mrs May won’t need to put out as many
wine glasses at the next top-table meeting.

Ms McVey’s letter reads: “There is no more important task for this Government than
delivering on the United Kingdom’s decision to leave the European Union.

“This is a matter of trust. It is about the future of our country and the integrity of our
democracy.

“The deal you put before the Cabinet yesterday does not honour the result of the
referendum. Indeed it doesn’t meet the tests you set from the outset of your premiership.

“Repeatedly you have said that we must regain control of our money, our borders and our
laws and develop our own independent trade policy.

“I have always supported you to deliver on those objectives. Even after Chequers when
you knew I shared the concerns of a very significant number of colleagues, I believed
that we could still work collectively to honour the will of the British people and secure the
right outcome for the future of our country.
"This deal fails to do this.
“The proposals put before Cabinet, which will soon be judged by the entire country,
means handing over around £29bn to the EU without anything in return.
“It will trap us in a customs union, despite you specifically promising the British people we
would not be.

“It will bind the hands of not only this, but future Governments in pursuing genuine free
trade policies. We wouldn’t be taking back control, we would be handing over control to
the EU and even to a third country for arbitration.

“It also threatens the integrity of the United Kingdom which as a Unionist is a risk I cannot
be party to.
“The British people have always been ahead of politicians on the issue, and it will be no
good trying to pretend to them that this deal honours the result of the referendum when it
is obvious to everyone it doesn’t.

“We have gone from no deal is better than a bad deal, to any deal is better than no deal.

“I cannot defend this, and I cannot vote for this deal. I could not look my constituents in
the eye were I to do that. I therefore have no alternative but to resign from the
Government."
9.59am update: More resignations rock Downing Street

Mrs May’s Thursday morning just got worse. Number 10 adviser Nikki Da Costa has
resigned.

Ms Da Costa was charged with helping to get the Brexit deal through parliament.

It is yet another hammer blow to the Prime Minister, who is being assailed from all sides.

Rumours circulating that another junior minister is poised to table their resignation.
Dominic-Raab-Iain Duncan Smith- Raab resignation
“DEVASATING” Ex-Conservative Party leader Iain Duncan
Smith branded Mr Raab’s decision to resign “devastating”.
Dominic Raab RESIGNS over Brexit fears

Dominic Raab’s incendiary resignation is an extraordinary twist in the unfolding Brexit

drama.

The (Ex) Brexit Secretary announced his departure in a letter posted on Twitter on
Thursday morning.

He cited concerns over an "indefinite" backstop agreement to avoid a hard Irish border
and Nothern Ireland remaining under EU regulations.

Mr Raab’s letter reads: “It has been an honour to serve in your government as Justice
Minister, Housing Minister and Brexit Secretary.

“I regret to say that following the Cabinet meeting yesterday on the Brexit deal I must
resign.

“I understand why you have chosen to pursue the deal with the EU on the terms
proposed, and I respect the different views held in good faith by all of our colleagues.

“For my part I cannot support the proposed deal for two reasons. First I believe that the
regulatory regime proposed for Northern Ireland presents a very real threat to the
integrity of the United Kingdom.

“Second I cannot support an indefinite backstop arrangement, where the EU holds a veto
over our ability to exit. The terms of the backstop amount to a hybrid of the EU Customs
Union and Single Market obligations.

“No democratic nation has ever signed up to be bound by such an extensive regime,
imposed externally without any democratic control over the laws to be applied, nor the
ability to decide to exit the arrangement.

“That arrangement is now also taken at the starting point for negotiating the future
economic partnership. If we accept that, it will severely prejudice the second phase of
negotiations against the UK.

“Above all, I cannot reconcile the terms of the proposed deal with the promises we made
to the country in our manifesto at the last election. This is, at its heart, a matter of public
trust.

“I appreciate that you disagree with my judgement on these issues. I have weighed very
carefully the alternative courses of action which the government could take, on which I
have previously advised. Ultimately you deserve a Brexit Secretary who can make the
case for the deal you are pursuing with conviction. I am only sorry, in good conscience,
that I cannot.

“My respect for you, and the fortitude you have shown in difficult times, remains
undimmed.”

Will more big names follow him out of the Cabinet door?

Donald Tusk calls extraordinary EU summit for November 25 to rubber stamp draft deal
Leo Varadkar heralds 'one of the
better days in politics' amid
draft Brexit withdrawal deal
Taoiseach Leo Varadkar has heralded today as “one
of the better days in politics” as he championed a
significant victory for Ireland in relation to Brexit.

Taoiseach Leo Varadkar speaks at a press conference on

Brexit at government buildings in Dublin tonight. Photo:
Niall Carson/PA
Speaking tonight, Mr Varadkar said the deal
reached between the EU and the UK represented a
“decisive” step forward.
He said the 500-plus legal text puts Ireland in a
stronger position than last December, when he
described the commitment to avoiding a hard
border as “bulletproof”.
“This deal has turned those commitments into a
legal text, a binding treaty. It is even stronger than
what we had in December, we are in a stronger
position than last December,” he told reporters.
READ MORE:
Brexit explainer: What the latest developments
mean for Ireland, the UK and the EU
He said the need the backstop and this is fully
spelt out in the draft agreement, and no need for a
border on the island of Ireland or along the Irish
sea arises until a better solution arises.
“We do now have the insurance policy of the
backstop if all else fails,” he said, adding that
unwinding the backstop cannot be a unilateral
decision. It can only be taken by both EU and UK,”
he said.
Mr Varadkar was speaking after the Cabinet met
especially for two hours on Wednesday where
ministers were briefed by Mr Varadkar and Mr
Coveney in detail about the provisions which
protects the ideal of no border on the island of
Ireland and respects the principle of a legally-
binding backstop.
Ministers were remaining tightlipped as a forced
lockdown on speaking to the media was being
enforced by Mr Varadkar's office to allow events
play out in London.
But sources have said Mr Varadkar was “at ease
and smiling” throughout the meeting despite the
importance of what was being discussed.

Leo Varadkar
✔
@campaignforleo
∙ 18h

I am pleased an agreement has been reached

between EU & UK negotiators on a draft #Brexit
Withdrawal Treaty. While I welcome these
developments, Brexit is not our policy & is something
we regret. However we respect the vote of the people
of the UK.

Leo Varadkar
✔
@campaignforleo

Our national priorities are:

- protecting the Good Friday Agreement.
- maintaining the Common Travel Area &
related benefits
- reaffirming our place at the heart of the EU
- protecting trade, jobs and the economy
On each of these, we have reached a
satisfactory outcome today.

419
9:13 PM - Nov 14, 2018 ∙ Dublin City, Ireland
https://www.irishexaminer.com/breakingnews/ireland/leo-varadkar-heralds-
one-of-the-better-days-in-politics-amid-draft-brexit-withdrawal-deal-
885473.html

Martin ‘dismayed’ by DUP

response to Brexit proposal
Wednesday, November 14, 2018

Opposition leader Micheal Martin has criticised the

Democratic Unionists over their reaction to the
Brexit deal reached between the UK and the EU.
DUP leader Arlene Foster voiced concern about the
deal, while East Antrim MP Sammy Wilson said his
party will not vote for it.

Some Conservative MPs have also criticised the

deal, claiming it would keep the UK under EU
control.
Mr Martin said the matter “deserves better than
that”
“I was a bit dismayed to see people coming out very early –
Sammy Wilson from the DUP, for example – even before they
had read anything to do with the text, proclaiming they were
going to oppose it, and people from the hard Brexiteer group
as well,” he said.

“I think the issue deserves better than that, and I would

hope that the other parties in Britain would stand back and
look at this in detail and come to a considered position on
the agreement which has been reached between the
European Union and the United Kingdom.”

The Fianna Fáil leader said relations between the Republic of

Ireland and the North are at their lowest in 20 years
and blamed the Conservative Government at Westminster
and the Fine Gael administration in Dublin for changing “the
overall dynamic”.

“Where the Major, Blair and Brown governments had shown

a deep commitment to Northern Ireland’s long-term
progress, there was an apparent impatience in the Cameron
government that they still had to spend time on the issue,”
he said.

“In fact David Cameron’s approach was that Northern Ireland

had to ‘stand on its own two feet’ rather than expect London
to help overcome every problem.

“The change of government in Dublin also marked a new

approach. Set-piece meetings continued but there was a
clear disengagement and an expectation that it was time to
just let the DUP and Sinn Féin get on with business.”

Speaking to the media at an Irish Association conference at

Queen’s University Belfast, Mr Martin said:
“I welcome the fact that the European Union and the United
Kingdom, it seems, have agreed on a text for the withdrawal
part of the agreement.

“The devil is in the detail and that is something we have got

to keep an eye on, not just today but in the coming years.
Brexit is going to be a long journey, this is just the
withdrawal agreement.

“What’s key for me is Brexit is not good for Ireland, it’s not
good for Britain, so we have got to aim for the softest Brexit
possible.

“A no-deal scenario would be Armageddon, it would be

ruinous for Britain.”

Speaking at the same event Ulster Unionist Steve Aiken also

commented on deteriorating relations both north/south and
east/west.

He said: “The DUP told us they were holding the

Conservative Party to account. Look what they have done,
they have undermined the union, they have helped destroy
devolution in Northern Ireland, the DUP has been an
absolute disaster.

“It has been a disaster for Northern Ireland, it has been a

disaster for unionism, and I think members of the DUP need
to very clearly reflect on where they have got themselves in
this position.”

https://www.irishexaminer.com/breakingnews/ireland/martin-dismayed-by-
dup-response-to-brexit-proposal-885360.html

Brexit Law – your business, the EU and the way ahead ... currently say that only
contracts governed by the law of a Member State are eligible. ... so
the agreement
http://www.allenovery.com/SiteCollectionDocuments/Englis
h_Law_and_the_English_Courts.PDF

Brexit Withdrawal
Agreement: what
it means for meat
Posted on Nov 15, 2018
The meat industry has been quick to respond to the
Brexit Withdrawal Agreement, which was confirmed
by the United Kingdom and European Union
negotiating teams in principle this week.
The full 585 page report on the Withdrawal Agreement
can be found here and that of the Political
Declaration here.
Meat industry figures are encouraged by the progress
but say there are some unanswered questions in a
number of areas, including the status of Northern
Ireland with regards to backstop provisions.
The agreement does outline that exports of animals
and animal products will be carried out subject to the
EU listing the UK as an accepted third country. It is
understood that a special EU27 Summit will be held in
Brussels on 25th November.
There have been some cabinet resignations since the
draft agreement was revealed, including the stepping
down of Brexit Secretary Dominic Raab who said he
“cannot in good conscience support” the UK’s draft
Brexit agreement with the EU”.
Raab was swiftly followed out of the door by Work and
Pensions Secretary Esther McVey and Junior Brexit
Minister Suella Braverman.
The resignations came just hours after Prime Minister
Theresa May announced that she had secured the
backing of her cabinet for the deal.
Defra Secretary of State Michael Gove has been
offered the Brexit Secretary role following Raab’s
resignation but is said to have turned it down at this
stage, calling for May’s resignation.
But what does the meat industry say?

BMPA chief executive, Nick Allen.

British Meat Processors Association (BMPA)
Nick Allen, chief executive of BMPA, said: “The BMPA
has consistently campaigned for frictionless trade
with the EU and a longer transition period post Brexit.
On the face of it this withdrawal bill delivers against
those criteria.
“We still have concerns about the migrant labour
situation. On the whole there seem to be some good
pragmatic solutions in the bill, given the complexities
of the negotiations, that will give food businesses
some security and confidence, and at the same time
mean that the consumer has access to affordable and
sustainable food.”

A
Andrew Kuyk CBE, PTF director general.
Provision Trade Federation (PTF)
Andrew Kuyk CBE, director general at PTF,
commented: “Like other food industry bodies we are
acutely aware of the potential challenges which
failure to reach a satisfactory deal could lead to. We
have been clear from the outset what we want trade
to be as free and frictionless as possible and to have
access to the widest range of markets, as well as to
the raw materials we need and the labour and skills
essential to producing affordable and nutritious
products for our customers.
“The draft documents released in the last 24 hours
are both complex and detailed, as well as leaving
important questions unresolved at this stage,
particularly in respect of the substance and timing of
a new long term relationship. Above all else,
businesses are looking for certainty and continuity.
We do not yet seem to have that.”

Simon Doherty, BVA president.

The British Veterinary Association (BVA)
Simon Doherty, BVA president, said: “This report puts
addressing concerns about veterinary capacity top of
Defra’s to-do list. The Department has an unenviably
mammoth task of contending with the current
knowns and unknowns that Brexit may bring across
agricultural and environmental policy, but we would
certainly urge them to take heed of this report and its
wide-ranging evidence base.
“We have had assurances from Government that there
will be enough vets to meet certification demand
after Brexit but this does not necessarily tally with
what we are hearing from our members.
“Many are concerned that they could end up being
spread too thin and having to take on extra
certification responsibilities on top of existing heavy
workloads if no agreement is reached. It’s telling that
the committee has called Defra ‘cavalier’ for
assuming that only 50 further vets will be enough to
meet these requirements.
“It is critical that the Government fully engages with
the veterinary profession on matters which may have
a bearing on their vital work supporting animal
welfare, public health and future trade.”

President of NFU, Minette Batters.

National Farmers’ Union (NFU)
NFU president Minette Batters has welcomed the
important progress that has been made after the
Cabinet gave its approval to the Withdrawal
Agreement which has been agreed by both the UK
and EU negotiators.
Batters said: “Since the EU referendum, the NFU has
maintained that free and frictionless trade for British
farming is absolutely critical.
“This trading relationship allows British farmers to
provide safe, traceable and affordable food to the
public, all while adhering to some of the highest
animal welfare and environmental standards in the
world.
“It is critical that we avoid the mayhem of a no-deal
Brexit in March of next year, and this Withdrawal
Agreement paves the way for a transition period that
maintains free and frictionless trade with the EU, and
provides stability for farmers and the wider economy.
“There is still a huge job to be done in negotiating the
details of our future relationship with the EU: one that
maintains free and frictionless trade, allows
continued access to sufficient overseas labour where
needed, and supports farmers in providing jobs and
driving growth in rural communities, providing the raw
materials for a domestic food industry that employs
3.8m people and generates £113bn in value for the UK
economy.
“I hope this Withdrawal Agreement will now pave the
way to negotiating a future relationship that secures
all of these vital objectives.
“Despite the progress, there is still much work to be
done. I would urge all involved to remember the
importance of British food and farming when
considering their support for the new agreement.”

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/
attachment_data/file/756378/14_November_Outline_Political_Declaration_on_th
e_Future_Relationship.pdf

Meat price stability

‘threatened’ for 2019
Posted on Nov 15, 2018

https://meatmanagement.com/meat-price-stability-threatened-for-2019/
Brexit: the invisible deal

Draft Agreement on the withdrawal of the United

Kingdom of Great Britain and Northern Ireland from
the European Union and the European Atomic
Energy Community

14 November 2018

"withdrawal agreement", the draft of which was published yesterday, is

"to ensure an orderly withdrawal of the United Kingdom from the
Union and Euratom". Additional link here.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/
attachment_data/file/756374/14_November_Draft_Agreement_on_the_Withdra
wal_of_the_United_Kingdom_of_Great_Britain_and_Northern_Ireland_from_the_E
uropean_Union.pdf
TECHNICAL EXPLANATORY NOTE- ARTICLES 6-8 OF THE PROTOCOL ON
NORTHERN IRELAND This technical note reflects discussions between the UK
and EU as to how Articles 6 to 8 of the Protocol would operate in any scenario in
which the provisions came into effect.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/
attachment_data/file/756375/14_November_Technical_Explanatory_Note_Arts_
6-8_Northern_Ireland_Protocol.pdf

Protocol on Ireland and Northern Ireland

Brussels, 14 November 2018

Commission has published some additional fact sheets, with one on

the protocol.
http://europa.eu/rapid/press-release_MEMO-18-6423_en.htm
Nevertheless, that which we do know (or don't) has been sufficient for
the "usual suspects" to erupt in condemnation, branding the deal a
betrayal.
Commission has published COM(2018) 880 final. It sets out the
"Contingency Action Plan" as part of preparing for the withdrawal of
the UK from the European Union.
https://ec.europa.eu/info/sites/info/files/brexit_files/info_site/communication-
preparing-withdrawal-brexit-preparedness-13-11-2018.pdf
Contingency Action Plan" as part of preparing for the withdrawal of the UK from
the European Union. This has to be read in conjunction with COM(2018) 556
final/2, the update of which was published on 28 August 2018
COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN
PARLIAMENT, THE EUROPEAN COUNCIL, THE COUNCIL, THE EUROPEAN
CENTRAL BANK, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE,
THE COMMITTEE OF THE REGIONS AND THE EUROPEAN INVESTMENT
BANK

Preparing for the withdrawal of the United Kingdom from the European Union on 30
March 2018

https://eur-lex.europa.eu/resource.html?uri=cellar:cb76570b-a9c2-11e8-99ee-
01aa75ed71a1.0005.02/DOC_1&format=PDF
BREXIT – Future EU delegation to the UK, APPROVED

https://www.consilium.europa.eu/media/36950/st14099-en18.pdf
EU army plans continue Extract of an article by David Banks, Veterans for Britain
Commission released a report, titled the European Defence Action Plan
https://campaignforanindependentbritain.org.uk/wp-
content/uploads/2017/05/EU-Army-article.pdf
US and the EU have had an agreement on customs cooperation and mutual
assistance in customs matters. This is the country that doesn't have any trade
agreements with the EU, of course – except that it does, with details of the
customs agreement here.
https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?
uri=OJ:L:1997:222:0017:0024:EN:PDF
2004 Agreement The scope of the 1997 Agreement was expanded by an
agreement signed in Washington D.C. on 22 April 2004 ('2004 Agreement'Search
for available translations of the preceding link•••). The 2004 Agreement expands
the EU-U.S

European Community and the United States of America on intensifying

and broad- ening the Agreement on customs cooperation and mutual
assistance in customs matters to include cooperation on container
security and related matters

https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?
uri=OJ:L:2004:304:0034:0037:EN:PDF

#PESCO #EU #WARSFORPROFIT #IREXIT

ITS NOT AN OPT IN OPT OUT PROJECT ITS PERMANENT HENCE THE
NAME.

“Governments constantly choose between telling lies and fighting wars,

with the end result always being the same. One will always lead to the
other."
- Thomas Jefferson.
'We're being asked to sell out our neutrality': Government accused of
trying to rush EU defence deal vote.

TDS FROM NUMEROUS political parties have raised concerns in the Dáil
over the last two days that the government is trying to “ram” through a
vote on Ireland joining the permanent structured cooperation
arrangement (Pesco).

Last week, TDs and senators voiced their concerns about Ireland
signing up to the European defence pact after Cabinet gave the go-
ahead for Ireland to take part in the EU plan.
The plan has raised concerns here that it could undermine Ireland’s
policy of neutrality.

Some argue Pesco is the first step towards an EU army, with its
proposals including inclusion in the European medical command, a
network of logistic hubs across Europe and a creation of a European
crisis response centre, as well as the joint training of military officers.

However, as per the Defence (Miscellaneous Provisions) Act 2009, for

Ireland to participate in Pesco, a government decision and Dáil approval
is required.

The Taoiseach has maintained that signing up to the deal will not
challenge Ireland’s neutrality and will not mean Ireland joining a
European army.

A heated debated on the issue kicked off two days ago with news the
government wants a vote on the issue this week.
A number of TDs said there has not been sufficient debate on the issue
and pointed out that the public are unaware of what such a plan could
mean for Ireland’s future.

Wexford TD Mick Wallace said he was astonished at the video Europe is

using to promote Pesco and was even more shocked that a small
country like Ireland would consider signing up to it.

Wallace said this is followed by images of fighter jets, drones, Apache

helicopters, armed troops running off military transport helicopters,
aircraft carriers and warships, “all to the tune of the kind of aspirational
and emotive modern classical one would get on an ad for a new
Mercedes”.

He said there is no detail as to what exactly it will mean for those who
sign up, especially in terms of actual warfare.
The Taoiseach Leo Varadkar said he wants Ireland to be involved,
stating that it is time that Europe stops relying on the US for its
defence.

My view is that a Europe that is worth building is a Europe that is worth

defending. For a very long time, all of Europe has relied on the United
States to provide for its defence.

There are real threats to European security and, over time, rather than
relying on the United States to defend Europe and pay for European
defence, Europe should provide and pay for its own defence and not be
dependent on the United States in the way it has been since 1945.

That is what Pesco and European security and defence co-operation are
all about. It is Europe starting to take responsibility for and control over
its own defence, not relying on the United States in the way it has done
until now.

Ireland has a long-standing tradition of non-alignment and neutrality, he

said, adding it is something his government will defend. He said Pesco
will be different for Ireland as we can join in an opt-in, opt-out basis.

“We will only opt in to certain programmes and certain parts of Pesco
that we want to be involved in, for example, counter-terrorism, given all
European countries need to work together to defeat terrorism, and
cyber-security and peacekeeping are further examples of areas we are
going to opt into, “said Varadkar, adding:

I can assure the Deputy we are not going to be buying aircraft carriers,
we are not going to be buying fighter jets and we are not going to be
shopping around military trade fairs for any of these things, as that is
not in our interest.

Solidarity-PBP’s Richard Boyd Barrett took particular issue with the

vote being rushed through the House.

“This is a move to ram through a vote to move towards joining a

European Union army while quadrupling military spending,” he said on
Tuesday.

“It is deeply cynical. I wonder if the quid pro quo for European support
on Brexit negotiations is that we sell out our military neutrality and
ramp up military expenditure,” he asked.

Boyd Barrett said he had read the brief on Pesco and said he thought is
was “absolutely outrageous” that Cabinet agreed to it when there has
been no public consultation.

Rushing a vote

The Dun Laoghaire TD was not the only deputy who had concerns about
a vote being rushed through the House.
Independents 4 Change Clare Daly said the government’s move was a
“departure beyond anything I have seen”. She said she was assured
some weeks ago there would be adequate time to discuss the matter.
“I object to it in the strongest possible terms,” she said.

File Photo You're talking about going to war': TDs concerned EU defence
deal could lead to Ireland joining a European army. NUMEROUS TDS and
senators have voiced their concerns about Ireland signing up toÊa
European defence pact known as Pesco.

Green Party leader Eamon Ryan said the matter should go to committee
so that the Defence Forces and the Army Chief of Staff could be invited
to make submissions.

“I believe there should be adequate time to debate it in the chamber,”

the Taoiseach replied.

Boyd Barrett replied by stating that the issue is as big an issue as

Brexit. “I don’t think so,” said the Taoiseach.

The Lisbon Treaty

The Green Party, the Social Democrats and Fianna Fáil all voiced
concerns about there not being sufficient time to discuss the issue.

Eamon Ryan said he understands the government intends to sign up to

the agreement at the European Council meeting on 11 December.

“Any matter that impinges on defence is a matter of great sensitivity for

the members of this House and, more importantly, for the people of this
country,” said Brendan Howlin,
If the defeat of the first Lisbon Treaty referendum has taught us
anything, he said, it is proper debate on such measures is needed.

Howlin said there is no rush to sign up to the proposals this side of

Christmas.

“I understand there is a request to do so, but we may choose to

postpone our signing up until after the event. We must have a proper
debate, with experts invited in and cross-examined,” he said.

Varadkar said Pesco “is not a new issue” adding that it had not been
“dreamt up” in the past couple of months.

“This is in the Lisbon treaty. The treaty was ratified by the Irish people
in 2009. There has been ample opportunity for a debate since then.
There has been plenty of debate about this matter since the Lisbon
treaty was ratified in 2009.

There is a time for debate and there is a time for a decision. I do not
believe further debate would change anybody’s mind, nor would it allay
fears based on any conspiracy theories,” he said.
Boyd Barrett made the point that the public knows nothing about the
issues at play.

The Taoiseach replied: “It is the Deputy’s responsibility to inform the

public. He had eight years.”

Minister of State at the Department of Defence Paul Kehoe said there

are “rumours” being circulated that Pesco will threaten Ireland’s
neutrality.

“That could not be further from the truth. Sweden and Austria, which
have neutrality policies similar to ours, have already signed up to
Pesco,” he said.

The Business Committee reconvened yesterday to sort out the

disagreement as to whether a vote on Pesco will proceed this week and
whether it will be referred to an Oireachtas committee for further
scrutiny.

A motion put down by Boyd Barrett to delay the vote on Pesco until
2018 was defeated by the Dáil yesterday by 73 votes to 49.

However, a government motion agreed to refer the issue to the

Oireachtas Defence Committee.

Minister Kehoe said Pesco was not being cooked up by the government
in “smoke-filled room” stating that not one politician has come to him in
the last few months to voice their concerns about the plan.

He said Ireland plans to partake in six of the 16 projects under Pesco

which include being involved in the EU centre for training excellence,
the deployment of disaster relief, underwater surveillance schemes, the
upgrade of marine surveillance and cyberthreat projects.

The minister said it had nothing to do with an EU army and said that
debate was had during the Lisbon Treaty referendum. He said it was
important that Ireland sign up before 11 December as it would ensure
Ireland would be able to “play its part in some projects” and only those
who sign-up will have a say on the progression of Pesco.

A two-hour Dáil debate is due to be held today on the issue before the
matter goes to a vote.

Source:-
http://www.thejournal.ie/eu-army-pesco-3734034-Dec2017/
Secret Dirty Brexit deal, flawed, Protocol on Ireland and
Northern Ireland

Brussels, 14 November 2018

https://www.scribd.com/document/393307465/Secret-Dirty-Brexit-deal-
flawed-Protocol-on-Ireland-and-Northern-Ireland-Brussels-14-November-2018