PM May says Britain will leave customs union, to offer Ireland backstop

Prime Minister Theresa May. (Reuters)
Updated 17 May 2018
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PM May says Britain will leave customs union, to offer Ireland backstop

  • The United Kingdom will be leaving the customs union as we’re leaving the European Union: May
  • May said the objectives were that Britain should have its own trade policy with the rest of the world, should have frictionless trade with the EU and that there be no hard border with EU member Ireland

SOFIA: Prime Minister Theresa May said on Thursday Britain would leave the EU customs union after Brexit but a source said London was considering a backstop plan that would apply the bloc’s external tariffs beyond December 2020.
Asked about reports that London would ask to stay in the European Union’s customs area beyond the end of a post-Brexit transition period in 2020, May denied she was “climbing down” on plans to leave.
“No. The United Kingdom will be leaving the customs union as we’re leaving the European Union. Of course, we will be negotiating future customs arrangements with the European Union and I’ve set three objectives,” May told reporters on the sidelines of an EU summit in the Bulgarian capital Sofia.
She said the objectives were that Britain should have its own trade policy with the rest of the world, should have frictionless trade with the EU and that there be no hard border with EU member Ireland.
In talks with European Commission President Jean-Claude Juncker and European Council President Donald Tusk, she reiterated her view that a backstop agreement put forward by Brussels to prevent a hard border was “unacceptable.”
“The prime minister said the UK would shortly put forward its own backstop proposal in relation to customs,” her spokeswoman said.
Earlier, the source, who is familiar with the discussions, said on condition of anonymity the government was trying to find a way to make the backstop arrangement more acceptable to Britain rather than seeking an extension of a transition period.
The source said Britain could apply the EU’s external tariffs for a limited period beyond December 2020 in the case of a delay in the implementation of any Brexit deal.
May’s spokeswoman said negotiations on the backstop arrangement were continuing, and that Britain did not want or expect to have to use it.
May has been struggling to unite her cabinet over the terms of Britain’s divorce with the EU, with a row over future customs arrangement dividing her government and all but stalling Brexit negotiations.
EU leaders meeting May in Sofia on Thursday were “in listening mode” and hoping for reassurances from her, said one official, before a formal summit in June when the sides want to mark another milestone in the negotiations.
That is needed to seal a final divorce deal in October, leaving the EU enough time to ratify it by Brexit day in March 2019.
Britain otherwise risks crashing out of the bloc, a scenario that could hurt the economy and disrupt people’s lives.

Under pressure
The EU says this schedule is coming under pressure as there has been not enough progress in the negotiations in recent months, most importantly on how to avoid physical controls on the border between the Irish Republic and the British province of Northern Ireland.
“It is an absolute red line for us that there could not be a hard border on Ireland,” Irish Prime Minister Leo Varadkar told reporters in Sofia.
If no better ideas emerge, the bloc wants the backstop clause under which it would go on regulating trade in Northern Ireland after Brexit to prevent a hard border. Both sides fear a return of border controls could reignite the violence that afflicted Northern Ireland until a peace deal in the late 1990s.
“We have a text which is the Irish backstop ... and we need that to be part of the withdrawal agreement. And if it is not part of the withdrawal agreement, then there will be no withdrawal agreement,” Varadkar said.
Under such a scenario, Britain would not be given the adaptation period from next March to the end of 2020, but go straight into being out of the EU with little detail agreed on how to handle its ties with the bloc.
May has said as it stood in March, the EU’s backstop was unacceptable because it would cut off Northern Ireland from the rest of the United Kingdom.
The source said extending the use of EU tariffs was part of discussions to make the backstop arrangement more palatable to Britain, and could be triggered if there were a delay in the ratification of the Brexit deal or if there were problems introducing new technology at the border.
At home, May has to balance the demands of Brexit supporters against those ministers who want to keep the closest possible ties to the EU, and any hint that Britain could stay within the customs union has become a flashpoint.
The EU says that would be the best way to avoid a hard Irish border.
“If we are not making real substantial progress by June then we need to seriously question whether we are going to have a withdrawal agreement at all,” Varadkar said.


Shamima Begum’s case revived after top European court’s intervention

Shamima Begum left east London aged 15 and traveled to Daesh-held territory in Syria in 2015. (File/AFP)
Updated 11 sec ago
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Shamima Begum’s case revived after top European court’s intervention

  • European Court of Human Rights challenges British govt’s citizenship deprivation order
  • Begum, 26, left London as a teenager to marry a Daesh fighter, with concerns she was trafficked

LONDON: The longtime appeal by Shamima Begum to return to the UK has been revived after the European Court of Human Rights challenged the British government’s block on her return.

The 26-year-old, who left east London aged 15 and traveled to Daesh-held territory in Syria in 2015, had her British citizenship stripped by the then home secretary, Sajid Javid, The Times reported.

The Strasbourg court’s intervention means the UK must now consider if it acted unlawfully under the framework of the European Convention of Human Rights in stripping her citizenship in 2019.

Begum traveled with two friends to Syria. There, she became a child bride to Dutch national Yago Riedijk and had three children who all died as infants.

The court is examining whether the 2019 decision breached the ECHR’s Article Four, which prohibits slavery, servitude and forced labor.

As part of the examination, it could be found that the UK failed in its duty to identify Begum as a potential victim of trafficking and protect her from harm.

Begum’s journey to Syria made national headlines in the UK. The Times newspaper later discovered her whereabouts at a prison camp in Syria operated by Kurdish security forces, where she remains today.

In stripping her citizenship, Javid said the decision was “conducive to the public good.”

He also argued she was eligible for Bangladeshi nationality through her parents, to avoid rendering her stateless.

However, Bangladesh has said repeatedly that Begum is not a citizen of the country.

Begum’s lawyers, from the firm Birnberg Peirce, filed a submission to the Strasbourg court which argued that the UK failed to ask fundamental questions before stripping her citizenship, including concerns over child trafficking.

Gareth Peirce said the UK could now confront previously ignored questions as a result of the court’s intervention, providing “an unprecedented opportunity.”

She added: “It is impossible to dispute that a 15-year-old British child was lured and deceived for the purposes of sexual exploitation.

“It is equally impossible not to acknowledge the catalogue of failures to protect a child known to be at risk.”

The Strasbourg court’s move meant that it was “impossible now not to have real hope of a resolution,” she said, adding that the Begum case raised profound questions about the UK’s responsibility to victims of grooming and trafficking.

Despite years of litigation, Begum has failed to overturn the citizenship deprivation order. She has stated her desire to return to Britain.

In 2020, the Special Immigration Appeals Commission found that conditions in the camp where she is held, Al-Roj, were inhuman and degrading, but that national security considerations prevented any change to her case.

Later, the Supreme Court ruled that Begum was ineligible to return to Britain to take part in the appeal against her citizenship deprivation.

The Strasbourg court could reject appeals by Begum’s lawyers after considering the UK Home Office’s response to its questions.

If the latest appeal is upheld, however, ministers would have to “take account” of the court’s judgment. The court’s rulings are technically binding but lack an enforcement mechanism.

The Strasbourg court is now set to consider written submissions from both sides before deciding whether the case should proceed to a full hearing. A final judgment could take many months.

A Home Office spokesman said: “The government will always protect the UK and its citizens. That is why Shamima Begum — who posed a national security threat — had her British citizenship revoked and is unable to return to the UK.

“We will robustly defend any decision made to protect our national security.”

Maya Foa, CEO of Reprieve, a charity that has campaigned for the return of women and children from Syria, said: “This case only reached the European court because successive UK governments failed to take simple steps to resolve a common problem.

“While our security allies have all been bringing their people home, Britain has been burying its head in the sand. Casting British men, women and children into a legal black hole is a negligent policy that betrays a lack of faith in our justice system.”