The Foreign and Environment Secretaries set out their core Brexit ‘red lines’ where they told the Prime Minister she must not allow the controversial ECJ to have jurisdiction over new EU rules in the UK during the transition period.
Taking back control” from Brussels has long been a key campaign point for Brexiteers, and last August, Theresa May insisted the jurisdiction of the ECJ will come to an end with Brexit.
But the Prime Minister later conceded, in October, the UK will still be bound by the ECJ’s ruling during any Brexit transition period, if it is agreed.
With the ECJ debate very much still up in the air, Boris Johnson and Michael Gove wrote: “There should be no question of the UK implementing new EU rules during this period, or ECJ jurisdiction on any new rules. Clarifying that in the minds of colleagues who have not yet internalised that logic would help.
“In short, your strategy means presenting ourselves to the world as a sovereign state capable of regulatory divergence from the EU.
“The more we can help you to articulate that the more progress we can make.”
Their demands come after Brexit Secretary David Davis said Britain would remain within the jurisdiction of the ECJ immediately after Brexit in March 2019.
During a speech in Berlin, he said the implementation period proposed by Mrs May would involve “keeping both the rights of a European Union member and the obligations of one, such as the role of the European Court of Justice”.
The PM called the Brexit ‘war Cabinet’ meeting on Monday to ask for support to make the EU bill offer so negotiations can progress to the second phase, the start of trade talks.
But it is unlikely the Prime Minister, who wants to make the offer on the even of a summit in Brussels next month, will get their backing.
The pair also warned the country to be prepared for a ‘no deal’ scenario after a “total breakdown in talks” and crashing out of the EU without a trade deal in place.