May moves to placate EU with deal on citizens’ rights

In what is being seen as an important, conciliatory statement on Brexit to the European summit, the British prime minister, Theresa May, is understood to have offered a package of proposals on citizens' rights that appears to come close to the European Union's stance.

The issue of how to treat citizens living in each other’s jurisdictions after Brexit is one of the key political priorities in the “divorce” talks that started here on Monday. Its speedy resolution could facilitate progress on the other two priority issues: the UK Brexit bill, or at least a methodology for calculating how much it owes the EU, and the issues relating to the Irish Border.

If leaders at their October summit agree that “substantial progress” has been made on the three issues they will agree to open discussions on the future relationship – specifically, to do with trade – between the EU and the UK.

Reciprocal rights

Ms May is understood to have last night offered to guarantee that EU citizens who have been living in the UK for five years will maintain their current rights and entitlements. Those resident when the UK leaves the union will be entitled to stay five years to acquire such rights. Like the EU offer, it is conditional on reciprocation, requiring that UK citizens living in EU states be given the same rights. There was some ambiguity in her position on the role in guaranteeing such rights of the European Court of Justice, a significant shift in her previous position of outright opposition.

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One diplomat said, however, that key questions remain unanswered; “the devil will be in the detail.”

“Door always remains open”

Meanwhile, Taoiseach Leo Varadkar has said "the door always remains open" to the United Kingdom reversing its decision to leave the European Union, or to remain in the EU's customs union.

Speaking on his way into the opening session of Thursday's European Council meeting in Brussels, Mr Varadkar said: "We don't want them to leave the European Union, we don't want them to leave the single market and we don't want them to leave the customs union, either. That is ultimately a decision for them, however, and that may change."

If the UK reversed its decision to leave the customs union, the prospect of a hard Border in Ireland would recede.

“Countries can take positions, very strong positions, negotiating positions, and yet the final outcome can be one that’s more favourable,” Mr Varadkar said. “While Britain says that they intend to leave the customs union and intend to leave the single market, they also say that they want a free-trade agreement, and many of the elements of a free-trade agreement, while not being the same as the customs union, may not be that far from it, either.”

“Founder member”

Mr Varadkar was attending his first European Council, where he yesterday held a number of bilateral meetings with fellow EU leaders, including the president of the European Commission, Jean-Claude Juncker, and the president of the council, Donald Tusk. He spoke to several other EU leaders on the margins of the summit and is due to meet the German chancellor, Angela Merkel, this morning.

Mr Juncker told the Taoiseach that he regarded Ireland as “effectively a founder member of the EU, due to its commitment and influence”, officials said.