Brexit vote: What are the 'legally binding' changes Theresa May has secured to her deal?

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Theresa May has secured three new documents which she believes will provide MPs with the legally-binding assurances they require to back her Brexit deal.

After hours of talks in Strasbourg with Jean-Claude Juncker, the Prime Minister confirmed she had reached an agreement that strengthens her “improved” proposals.

She urged MPs to back her latest deal in the meaningful vote on Tuesday, with Mr Juncker warning that if the deal was voted down there would be "no third chance".

Mrs May said she had agreed with Mr Juncker three documents which will provide reassurances and ensure MPs approve the Withdrawal Agreement and Political Declaration on the future EU/UK relationship agreed in November.

MPs will be asked to approve the Agreement and Declaration, along with the three new documents, in the House of Commons on Tuesday.

Here we outline what the new documents are and what significance they have, or will have if they are passed in Parliament…

Jean-Claude Juncker speaks at the joint conference: there will be no third chance 
REUTERS

The instrument relating to the Withdrawal Agreement

This four-page document largely repeats assurances in letters exchanged on January 14 between Mrs May and European Commission president Mr Juncker and European Council president Donald Tusk, setting out both sides' intention that the backstop arrangements contained in the Withdrawal Agreement and intended to keep the Irish border open after Brexit should not be permanent.

Crucially, the instrument explicitly states that it represents a "clear and unambiguous statement by both parties" of what they have agreed and therefore "constitutes a document of reference that will have to be made use of" if any issue arises in relation to the implementation of the Withdrawal Agreement.

"To this effect, it has legal force and a binding character," states the instrument.

It states that "the parties do not wish the backstop solution in the Protocol on Ireland/Northern Ireland to become applicable, that were it to do so it would represent a suboptimal trading arrangement for both sides and that both parties are therefore determined to replace the backstop solution for Northern Ireland by a subsequent agreement that would ensure, on a permanent footing, the absence of a hard border on the island of Ireland".

It states that this eventual permanent arrangement must respect the integrity of the EU's internal market and the territorial integrity of the UK.

And it promises regular reviews of the arrangements for the island of Ireland to allow the two sides to consider whether they are still needed or "could cease to apply in whole or in part".

The instrument says that after the end of the transition period in December 2020, any differences over the arrangements will be dealt with under the dispute settlement mechanism set out in the WA.

The unilateral declaration by the UK Government

This three-paragraph statement sets out the UK Government's position that the objective of the Withdrawal Agreement is not "to establish a permanent relationship" between the EU and UK, and that the backstop provisions are therefore "intended to apply temporarily".

The declaration states that the UK Government's understanding is that nothing in the Withdrawal Agreement would prevent it from taking steps to end the backstop arrangements if it proves impossible to conclude a broader trade deal with the EU.

It states that this is subject to the condition that the UK will uphold its obligations under the 1998 Good Friday Agreement and will avoid the creation of a hard border.

Theresa May prepares to give a conference on the latest Brexit developments
AFP/Getty Images

The joint statement supplementing the Political Declaration

This two-page document sets out additional measures to "enhance and expedite" the process of negotiating a future trade and security relationship between the UK and EU.

It restates the "clear and important link" between the Withdrawal Agreement and Political Declaration as "part of the same negotiated package".

And it says that both sides have the "shared ambition" of concluding an agreement on the future relationship by the end of the transition period in December 2020.

Crucially, it states that the two sides will set up a "specific negotiating track" to examine technological solutions - referred to as "alternative arrangements" - to keep the Irish border open and replace the proposed backstop "in whole or in part". Progress on this work will be subject to regular review.

What happens if the documents are passed by MPs?

If the package passes the Commons, leaders of the 27 remaining EU states will be asked to endorse the new documents at a scheduled European Council summit in Brussels on March 21-22, before the final step of ratification by the European Parliament.

Additional reporting by PA

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