To add to this, the ERG are too little too late. There's merit in max fac under two conditions: time and a more permissive definition of the commitment to no hard border. If we somehow get those we're still going to have to sign up to some form of backstop anyway 1)
It is not unreasonable to propose solutions that require some flexibility from the EU. This is an unprecedented situation. The problem is that we began with denying there was a problem, and we have continually squandered goodwill since. 2)
Even if what they propose is possible and even if the EU are up for cooperating to make it happen, the EU are still going to insist on an all weather backstop in case it either fails or is not ready in time or the negotiation breaks down. 3)
Saying that, the Government absolutely should explore max fac proposals. We could sign up to a backstop that would still allow it to be implemented eventually. If you really have faith in max fac, this is the only way you get there. ends
