PM backs down on Brexit backstop deadline to keep Davis onside
David Davis has backed down from his threats to resign after the Prime Minister added a date to the Brexit backstop proposal, saying the government expects it to end by December 2021.
Davis – who was threatening to resign yesterday – convinced Theresa May to insert the data during a crunch meeting this morning, just hours before the backstop, also known as the temporary customs arrangement, was published.
A government spokesperson this morning said "of course" she was confident Davis would still be in post by the end of the day.
The pair had fallen out over May's decision to push a "time-limited" backstop – but one without a deadline, which Brexiters argue renders the limit effectively meaningless. However, including a deadline is likely to be rejected by Brussels as it effectively renders the backstop meaningless.
Michel Barnier, chief EU negotiator, tweeted: "I welcome publication of the UK's proposal on customs aspects of Irish/Northern Irish backstop.
"We will examine it with three questions: is it a workable solution to avoid a hard border? Does it respect the integrity of the Single Market and customs union? Is it an all-weather backstop?"
But one Tory MP slammed the move as "a clear compromise to keep David from resigning", adding: "It does undermine Theresa May hugely" in terms of the ongoing negotiations with Brussels.
The backstop has also "widened divisions" between members of the Brexit war Cabinet – a sub-group of the main Cabinet represented by both Remainers and Leavers. Pro-Brexit ministers are concerned it will lead to the UK remaining within the customs union indefinitely, and come under the jurisdiction of the ECJ – at least in part.
May also met with foreign secretary Boris Johnson and international trade secretary Liam Fox this morning.
One source said: "They all signed up to the backstop in December. The problem is they're now realising the backstop is actually here, and becoming the frontstop".
At least part of the division between the two is viewed as being caused by May's reliance on Olly Robbins, Davis' former permanent secretary until a falling out last autumn saw Robbins move from the Brexit department to Number 10.
Robbins is still negotiating on behalf of the UK, and his view on Brexit is at odds with many Cabinet ministers, favouring a closer relationship with fewer changes to the status quo.
It is not only Davis who has a problem with Robbins. Ministers including Johnson, Fox and environment secretary Michael Gove have repeatedly pushed against his Remain-leaning approach. The Cabinet remains split, with the likes of chancellor Philip Hammond and business secretary Greg Clark agreeing to a large degree with Robbins.
This is what has led to the stalemate on the customs union, with no resolution to the debate over which of the two official options to take forward.
However, last week City A.M. revealed that a third way is being developed which is effectively a modified max fac, which would allow face-saving all round.
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