Brexit: Dublin says deal could be reopened if UK moves on ‘red lines’

The Government is willing to see the Brexit deal reopened if the United Kingdom wants to stay in a permanent customs union with the EU or allows for Northern Ireland-specific measures to avoid a hard border.

Sources in Dublin said the withdrawal agreement – which the EU has publicly so far said is the only deal on the table – could be renegotiated if Britain moves from its own so-called “red lines”.

The withdrawal agreement is one part of the overall package struck between the EU and UK last November. It is the 585 page, legally-binding element which spells out of the terms of how the UK leaves the EU.

The second part is the looser joint political declaration, which sketches out the shape of the post-Brexit relationship between the UK and the bloc. Thus far, the EU has emphasised this element as the method by which it could respond to changing British priorities.

There will be no change to the Brexit backstop, says Coveney

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Well-placed sources now acknowledge that the withdrawal agreement itself could be reopened, although it is maintained that this has always been a possibility.

Such a move would require the article 50 negotiating period to be extended.

While the UK has asked for changes on the backstop – the insurance policy to prevent a hard border if there is no future EU-UK trade deal – sources say they have offered nothing in return.

One source said the “WA [withdrawal agreement] can only be reopened if the UK evolves its red lines”.

“Otherwise we are only able to amend the JPD [joint political declaration].” While the UK has not formally tabled any proposals on the backstop, it has asked for a time limit on its provisions or a unilateral exit clause from it.

“Nothing is being offered in return for a concession,” said a source, adding examples of UK concessions that could include “permanent customs union or NI (Northern Ireland) specific arrangement”.

The customs union requires that its members impose no tariffs on goods traded among each other, and sets a common duty on the goods of non-members.

Recent days have seen senior Irish figures strongly rule out any change to the backstop, the element of the withdrawal agreement which is the main stumbling block to it passing a vote in the House of Commons.

Tánaiste Simon Coveney on Sunday said there will be no change to the backstop, and added it cannot be replaced with an "aspirational" hope or commitment. He told the BBC nobody has come up with an alternative to it.

The backstop would see the entire UK remain in a common customs area with the EU, with adds-on in respect of both customs and regulations for Northern Ireland. Mr Coveney said it will not be changed.

"The backstop is already a compromise," he said. He said a review mechanism had already been stitched into it, and warned: "The European Parliament will not ratify a withdrawal agreement that doesn't have a backstop in it. It's as simple as that."

In the UK on Tuesday, MPs will debate the next steps the government should take on Brexit, with amendments proposing alternative courses of action. Senior Conservative backbenchers led by 1922 Committee chairman Graham Brady have tabled an amendment calling for prime minister Theresa May’s Brexit deal to be approved on condition that the backstop is replaced with alternative measures to prevent a hard border.