The Brexit backstop: Key questions about the measure

Theresa May’s hopes of getting a Brexit deal through Parliament could depend on ditching the “backstop” measures in relation to the border with Ireland.

But what is the backstop and how could it be amended?

– What is the backstop?

The backstop is effectively an insurance arrangement required by the EU to ensure the border between Northern Ireland and the Republic remains open if no wider deal is agreed on future UK/EU trade.

It would see the UK enter into a temporary customs union with the EU if no trade deal is sealed by the end of a transition period after Brexit, which lasts until December 2020 and could be extended to the end of 2022.

The backstop would ensure there is no need for customs checks on goods travelling between Northern Ireland and the Republic of Ireland.

Northern Ireland would also abide by EU single market rules on goods, to avoid any need for regulatory checks of products crossing the border.

– Why is it needed?

Brussels fears that the UK’s only land border with the remaining EU could become a conduit for smuggling after Brexit if there is no deal in place, allowing goods which do not meet Brussels’ regulations into the 27 member states.

There are concerns on all sides that the construction of border posts and checkpoints – or even the installation of cameras – could set back the peace process in Ireland by creating a visible symbol of division which might be targeted for attack.

– Who opposes it?

Brexiteers fear it could lock the UK into a permanent customs union with the EU – thus preventing Britain from striking lucrative new trade deals and fulfilling the promises of the 2016 referendum.

The Democratic Unionist Party, which gives Mrs May crucial Commons support, fears that the backstop could lead to divergence in rules between Northern Ireland and the rest of the UK – effectively creating a regulatory border in the Irish Sea.

– What could be done to resolve the issue?

Sir Graham Brady, chairman of the influential 1922 Committee of Tory backbenchers, is championing an amendment which could be voted on by MPs on Tuesday which requires the Northern Ireland backstop to be replaced with “alternative arrangements to avoid a hard border” and indicates that they would support the Withdrawal Agreement “subject to this change”.

– How likely is it to pass?

Sir Graham said the amendment was drawn up following conversations with ministers and the DUP in an attempt to get widespread support.

He hopes the Government will back it and claims that, if passed, it would give Mrs May leverage in further negotiations with Brussels.

– What is the attitude of Brussels?

The European Union has repeatedly stated that the Withdrawal Agreement, thrashed out over months of negotiations and signed off by Mrs May and the leaders of the 27 other EU states, is not going to be reopened.

A concerted effort over Christmas to secure “assurances” from Brussels resulted in a letter from European Council president Donald Tusk and European Commission president Jean-Claude Juncker stating that the backstop would be in place only “for as long as strictly necessary”, but that fell short of the legally binding guarantees demanded by Brexiteers.

– What is the view from Dublin?

Ireland’s deputy prime minister Simon Coveney left little doubt about the issue, stating that the measure “is an integral part of the Withdrawal Agreement” and “a backstop is not a backstop if it is time-limited”.