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The MV3 or 2.5, or whatever one calls it, does not in my view comply with the conditions imposed by the European Council for an extension until 22 May. 1/
It is true that Art 1 of the European Council Decision refers to "the Withdrawal Agreement", and not, in terms, to the Political Declaration. 2/
However, the preamble to the Decision mentions the WA and the PD in one breath: see paras (5) and (6). Moreover, Art 184 of the WA makes express reference to the PD "of 25 November 2018", and no other PD. 3/
Art 184 is about a commitment to negotiate the future relationship expeditiously, implementing the PD. It is therefore clear that the current WA and the current PD are indissociable. 4/
So when the European Council asked for the Commons' approval of the WA, this includes the current PD. To suggest, now, that the two are separate for purposes of that approval, is in my view utterly deceptive. 5/
That does not mean that the EU would not be willing to renegotiate the PD, but such a renegotiation will require a further extension. The benefit of the 22 May extension is limited to the Commons approving both the WA and the PD, this week. END
