HOC legal staff's confidential legal note on the Withdrawal Agreement has been leaked by Brexit Central (this is not the Attorney General's advice that Parliament is currently bickering over, but it's still interesting).
Key takeaways:
- The provisions of the WA apply regardless
Key takeaways:
- The provisions of the WA apply regardless
of the outcome of the parallel Political Declaration. In other words, even if the "aspirations" in the PD aren't achieved (it is, after all, only a wish list to EU Santa) the UK's obligations under the WA remain intact.
- According to the PD, the EU must try and negotiate a deal
- According to the PD, the EU must try and negotiate a deal
but it can't be forced into one i.e. if, having given it a good old college try, no deal is forthcoming, it will still have met its PD obligations (which are much, much weaker than the binding WA ones).
- UK may have some financial obligations under the WA until 2064 or later
- UK may have some financial obligations under the WA until 2064 or later
- *Killer*: UK and EU have to *both* agree that a future arrangements agreement (trade deal) is solid enough so that the Irish backstop mechanism isn't needed, or, if the backstop has already triggered, solid enough for the UK to be allowed to exit the backstop (not unilateral)
- Several mount Everests' worth of new red tape on supervision, monitoring, enforcement and dispute resolution.
- Not entirely clear whether the UK will continue to enjoy the benefits of EU trade treaties with third countries during transition, because it requires mutual consent
- Not entirely clear whether the UK will continue to enjoy the benefits of EU trade treaties with third countries during transition, because it requires mutual consent
That's a broad summary. I strongly recommend you go back to the original document for details. It's dense but not unapproachable as legal advice goes.
