Brexit: EU softens Northern Ireland border 'backstop' plan in bid to avoid no-deal

Most checks could take place away from the border and ports, Michel Barnier says

The EU has moved to soften its backstop proposal for the Irish border in a bid to win Theresa May’s support for it and prevent a no-deal Brexit.

Chief negotiator Michel Barnier said the “improved” version of the backstop “is not a border” and that “most checks can take place away from the border: at the company premises or in the markets”.

The movement on the EU side comes after Mr Barnier said he wanted to “de-dramatise” the backstop, which eurosceptics, the DUP, and the British government say is acceptable in the form it was proposed in February.

Some Brexiteers claim that keeping Northern Ireland in the EU customs territory would effectively amount to the annexation of the region by the EU, and Ms May has said that “no UK prime minister” could agree to it.

Both sides say they want to prevent a hard border in Northern Ireland from appearing in order to preserve the peace process – but they disagree on how to do it.

The shift by the Commission comes ahead of a summit in Salzburg, to be attending by Theresa May and her counterparts. EU leaders are there expected to warn yet again that a border backstop is a necessary part of the withdrawal agreement and that without one there would be no deal.

“The proposal for the backstop in Ireland and Northern Ireland has been on the table since February,” Mr Barnier said.

Most checks can take place away from the border: at the company premises or in the markets

Michel Barnier, EU chief negotiator

“It reflects our agreement with the UK in December 2017 confirmed by Prime Minister Theresa May in a letter in March. We are ready to improve this proposal.

“Work on the EU side is on-going, we are clarifying which goods arriving in northern Ireland from the rest of the UK would need to be checked and where, when, and by whom these checks could be performed.

“We can also clarify that most checks can take place away from the border: at the company premises or in the markets.”

He added: “We are working to improve our proposal. You’ve got to remember that the problem in Ireland in the light of the long and positive history of the Good Friday Agreement and the cooperation between both sides and the common travel area, the problem is created here, in particular for goods, by Brexit.

“What we’re talking about here is not a border: not a land border, not a sea border. It’s a set of technical checks and controls just about all of which cannot be put other than in a physical place in Northern Ireland. I hope that in practice of simple, practical, objective provisions we’ll be able to find a position where this improved backstop is acceptable. But it will not in any case take the form of a border because we respect the territorial integrity of the UK and we respect the constitutional area of the UK. We will find a practical and operational solution, therefore.”

Speaking after a meeting with EU ministers from the 27 remaining member states, Mr Barnier also appeared cool on the prospect of an emergency summit in November, floated by the European Council, to settle the remaining issues.

“The European Council in October will be the “moment of truth” – it’s then we will see whether the agreement that we are hoping for will be within our grasp,” he said.

“For me, for us, and indeed for our team, and I think this applies to the president of the European Council as well – October is the key point in time. It’s the moment of truth. We will see whether an agreement is in reach at that moment based on an objective evaluation which I will be submitting to the European leaders on the state of negotiations as it will have reached at that time.”

Whether such a November summit is held will be confirmed by leaders in Salzburg on Thursday after a discussion.