What is in the new deal on Brexit?

What is in the new deal on Brexit and will it be enough to persuade Tory rebels to back May today?

  • Theresa May and Jean-Claude Juncker unveiled three new documents tonight 
  • The new papers sit alongside the existing divorce deal defeated in January 
  • MPs will debate and vote on the revised deal in the Commons tomorrow night 
  • May insists they are legally binding changes that improve on the original deal  

Theresa May and Jean-Claude Juncker unveiled a package of three new documents in Strasbourg tonight.

The breakthrough came after the Prime Minister made a dramatic dash to France for last minute talks on changing the Irish border backstop.

A deal had to be done tonight for MPs to vote on new documents tomorrow at the second meaningful vote to approve or reject the deal. The vote will be held at 7pm.  

Theresa May and Jean-Claude Juncker unveiled a package of three new documents in Strasbourg tonight

What are the changes to the deal?  

There are three new documents that are now part of the divorce package – on top of the Withdrawal Agreement and Political Declaration on the Future Relationshi 

None of the new documents change either of the two main ones agreed in November and which were defeated by 230 votes on January 15.  

The new documents are: 

  • A joint legally binding ‘instrument’ that is based on promises from Jean-Claude Juncker and Donald Tusk the backstop cannot be permanent and should be replaced by ‘alternative arrangements’ by 2020. 
  • A joint statement adding to the political statement about the future UK-EU relationship, committing both sides to ‘enhance and expedite’ the trade talks on the final status.
  • A unilateral statement by Britain that if the backstop ever kicked in, the UK would introduce measures to ensure it is ‘disapplied’. This means measures to ensure an open border – but does not specify what they are.  

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What do the changes mean? 

May’s deputy David Lidington said they ‘strengthen and improve’ the deal and amount to ‘legally binding changes’. 

The Attorney General is due to produce new legal advice tomorrow. This will be published so MPs can see if there is any change.

Much will depend on whether he reverses his advice the backstop could last forever in the absence of a UK-EU trade deal that keeps open the Irish border. 

Do the changes actually change the divorce deal? 

They do not change either document agreed by Theresa May in November and voted on by MPs in January. Both the Withdrawal Agreement and Political Declaration stand unamended.

May says the new documents have the same ‘legal weight’ as the original deal and effectively improve it from the outside.  

Will they persuade Tory rebels?

It is too soon to tell. Tory hardliners will pass the documents to a group of their own lawyers and they will make a decision tomorrow. 

The so-called ‘Cash Council’ includes eight lawyers, seven of whom are current MPs and leading Eurosceptic. The group includes DUP Westminster leader Nigel Dodds.

The DUP itself issued a measured response tonight, vowing to study the new documents closely. 

The breakthrough came after the Prime Minister made a dramatic dash to France for last minute talks on changing the Irish border backstop

What is the vote tomorrow? 

May is holding a new vote on whether or not to approve her deal tomorrow. Passing it is an essential part of making the deal law.

Technically the vote has to happen at some point because of the law in Section 13 of the EU Withdrawal Action 2018. 

It is a repeat of the vote she held and lost by a record-breaking 230 votes on January 13.  

What will MPs vote on? 

The Government has tabled a motion that broadly says MPs ‘approve’ the deal. 

The motion refer to five documents that now make up the deal – including the three new documents about the backstop.

Both the motion and the documents had to be tabled in Parliament today, before the Commons finishes for the night. 

Can it be amended? 

Yes. MPs can re-write the motion to say they ‘approve’ the deal subject to conditions, or to say they ‘decline to approve’ it for whatever reason.

Can May amend it?

Yes, potentially. May could table an amendment to her own motion or endorse an amendment tabled by a friendly backbench MP if the new agreements look set to fail.

Why would she do that? 

An amendment could be used to send a political signal to Brussels on what is needed to pass the motion unamended.

It would probably mean a third vote was needed – but this is legally ambiguous and appears to have been ruled out as an option by Juncker anyway.   

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