'No unilateral right for either party to terminate backstop'published at 16:47 Greenwich Mean Time 3 December 2018
Brexit Legal Advice Statement
House of Commons
Parliament
Attorney General Geoffrey Cox says the legal advice "can only inform a political decision" and that this is "not a question of the lawfulness of the government's actions, but the prudence as a matter of the policy and political judgement of entering into an international agreement on the terms proposed".
He says it is "impossible to have considered each of the matters of law which come into play in a complicated 589 pages of text", but he has "objectively and impartially" reflected on some of the most debated issues.
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Geoffrey Cox says the backstop would come into force at end of 2020 unless EU and UK agree to a one or two year extension, and would continue to apply in international law until it was superseded by the subsequent agreement which protects the Belfast Agreement.
"There is no unilateral right for either party to terminate each arrangement," he says, "so if no superseded agreement can be reached in the agreed period, the protocol would be activated in international law even if negotiations have broken down."
He says the likeliness of this happening is "a political question".
Geoffrey Cox adds that a Northern Ireland business would enjoy free circulation of goods in both the EU single market and the UK market.