EU rejects Boris Johnson request for Brexit deal without Irish backstop

Brexit secretary’s request rebuffed during visit to Brussels

The European Union has rejected a request from the British government for a Brexit deal without an Irish backstop.

Brexit secretary Stephen Barclay on Thursday said the UK should be given until the end of 2020 to come up with a replacement for the policy – instead of the end-of-September deadline set by EU leaders.

The minister travelled to Brussels on Friday to meet with Michel Barnier, the EU’s chief negotiator – but was told that the EU could not consider a deal that did not include a backstop or replacement.

Following the meeting, a spokesperson for the European Commission told reporters that it is “essential that there is a fully workable and legally operational solution included in the withdrawal agreement”.

They added that the EU was “willing and open to examine any such proposals that meet all the objectives of the backstop”.

Without a withdrawal agreement there will be no transition period, and the UK will leave without a deal at the end of October, barring a further extension.

Mr Barclay said on Thursday ahead of the meeting with Mr Barnier that the EU insistence on a backstop or similar replacement “risks crystallising an undesirable result” this November.

Speaking after the meeting, Mr Barclay struck a positive tone, telling reporters: “I think there is still a lot of work to do but there is a common purpose to secure a deal. I think there is a recognition in the capitals, in the foreign ministers I’ve been speaking to that they want to see a no deal avoided, they want the teams to reach a deal.

“There is a clear message from President Juncker and from the prime minister that a deal is doable. But at the same time there is significant work still to do but there are serious discussions that are taking place.

“We are moving forward with momentum, talks will continue next week between the technical teams and it’s important that we deliver a deal because that is in the interest of the United Kingdom and indeed in the interest of the European Union as we move forward to a strong future relationship, which is where we all want to go.”

The minister was at pains to claim that the meeting overran, which he said “signals the fact that we were getting into the detail”.

But a leaked diplomatic note drawn up by EU officials and given to member state diplomats and MEPs pained a much less positive picture.

"In addition to not providing legally operational solutions, such concepts [presented by the UK] fall short of satisfying all the objectives of the backstop: avoiding a hard border on the island of Ireland, protecting the all-island economy and North-South cooperation, and preserving the integrity of the single market and Ireland's place in it," the note says.

"It is the United Kingdom's responsibility to come forward with legally operational solutions that are compatible with the withdrawal agreement. The union remains available to examine and discuss any such proposals."

A UK government source said their proposals were in fact “serious and workable”.

The source added: “As for the Commission, two months ago they said we couldn’t re-open with withdrawal agreement and there was absolutely no alternative to the backstop. Now we are having detailed discussions”.

The European Commission spokesperson said: “Michel Barnier met Steve Barclay in Brussels today where they had a discussions on the state of play of the ongoing Brexit talks, both in relation to the backstop to avoid a hard border on the island of Ireland and the political declaration on the future relationship.

“Michel Barnier and Steve Barclay agreed that technical talks will continue. These talks deal with a first set of concept, principles and ideas that the UK has put forward in talks with [EU negotiators].”