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Boris Johnson receives boost as Brexit deal backed by European Research Group

Stamp of approval likely to fuel criticism of Keir Starmer for ordering Labour MPs to vote with the government

Rob Merrick
Deputy Political Editor
Tuesday 29 December 2020 15:48 GMT
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Boris Johnson announces historic Brexit trade deal with EU

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The European Research Group of hardline Conservative MPs has given Boris Johnson a boost by backing his Brexit trade deal.

The Christmas Eve agreement “reaffirms the sovereignty of the United Kingdom”, a statement from the group announced.

The group, formerly led by Jacob Rees-Mogg, destroyed Theresa May’s premiership by repeatedly voting against her softer agreement reached with the EU.

But, after three days of deliberations, the ERG gave Mr Johnson’s hard Brexit terms its backing – making it likely that every Tory MP will vote in favour, in the Commons on Wednesday.

The decision will also fuel criticism of Keir Starmer for ordering Labour MPs to vote with the government, now the deal has the ERG stamp of approval.

In its statement, it praised the deal for including:  

* An independent arbitrator panel for any disputes.

* Removing the “jurisprudence of the European Court of Justice” from UK law – unless the UK chooses to opt into specific EU programmes.

* A clause allowing “termination on 12 months’ notice”.

* Freeing the UK to make its own laws “subject to potential tariff and trade consequences if these significantly distort trade between the UK and the EU”.

* Removing the threat of “arbitrary or disproportionate retaliation unrelated to effects on trade”.

* The fair competition rules escape the “intrusive EU state aid rules” and challenges would have to prove an effect on trade or investment.*

The fisheries agreement gives the UK “the legal right to take full control of its waters”, despite criticism that the EU has won the battle to catch most of the fish there.

“Our overall conclusion is that the agreement preserves the UK's sovereignty as a matter of law and fully respects the norms of international sovereign-to-sovereign treaties,” the ERG said, after scrutiny led by veteran Europhobe Bill Cash.

“The 'level playing field' clauses go further than in comparable trade agreements, but their impact on the practical exercise of sovereignty is likely to be limited if addressed by a robust government.

“In any event, they do not prevent the UK from changing its laws as it sees fit at a risk of tariff countermeasures, and if those were unacceptable the agreement could be terminated on 12 months' notice.”

On the Labour side, around 20 MPs are expected to abstain, ignoring their leader’s order to vote in favour, with a handful of junior frontbenchers on resignation watch.

John McDonnell, the former shadow Chancellor, said his party risked “falling into a trap” if it backed the trade and security deal, warning: “We are witnessing an act of vandalism against our livelihoods”.

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