Ministerial level Brexit talks resumed and concluded in Brussels last night, with no sign of any advance as the clock runs down to British prime minister Theresa May's "meaningful vote" next week.
Brexit secretary Stephen Barclay and attorney general Geoffrey Cox met the EU's chief negotiator Michel Barnier and members of the Brexit taskforce for discussions that continued over dinner.
Arriving in Brussels last night from London, Mr Cox would only say that the talks remained “constructive”, “sensitive”, and that “there is always hope”.
Baffled diplomatic sources complained that the UK negotiators are yet to produce a suggested text for a “legally binding” EU assurance on exiting the backstop that the UK is seeking.
Brussels continues to insist, however, that the Withdrawal Agreement will not be amended and that any assurance, whether in the form of a letter or some kind of legal interpretation of the protocol, can not affect the commitments made there. Officials say Mrs May appears to accept the reality that there can be no time limit to the backstop or unilateral exit mechanism.
Central to getting new assurances that will swing enough votes for Mrs May, could be new wording about the review and independent arbitration mechanisms in the Withdrawal Agreement - an option hinted at by foreign secretary Jeremy Hunt in a BBC interview.
‘Flexible’
He said the crucial issue was avoiding an indefinite backstop and “how we get there is something we are prepared to be flexible about”. That could mean a role for a “fair arbitration mechanism”, he said
Sources say that UK demands for language on “good faith” negotiations on a future relationship agreement appear to have been dropped.
If at least the outline of an agreement could be reached last night there is an expectation that Mrs May will return to Brussels before the weekend to sign off on words she can present to the Commons for the “meaningful vote” before next Tuesday. Officials from the two sides will continue to meet until Friday.
Ambassadors from the EU27 are also expected to meet on Friday but are said not to be expecting to discuss a text. They will have a debate on if and how an extension to Article 50 could be granted to the UK.
Sources say there is little problem should Mrs May win her meaningful vote - member states will agree easily to an extension for two or three months for the sole purpose of allowing the UK to complete the necessary legislative requirements for an orderly Brexit.
Definitive
Should she fail to win, however, diplomats say there will be problems with an extension. There is broad agreement that Mrs May will have to demonstrate in asking for an extension that it would produce a definitive result rather than lead to further prevarication.
Different options for the duration are being discussed, with most favouring three months at most, but the Germans have suggested nine months.
Any extension that goes past the May 23rd European elections will, according to European Commission and Council lawyers' interpretation of EU treaties, necessitate the UK's participation in the voting, a prospect Mrs May is keen to avoid. European Parliament lawyers are less sure.
