Rishi Sunak runs the gauntlet of Commons after unveiling Brexit deal

Rishi Sunak is running the gauntlet of the Commons tonight after shaking hands with Ursula von der Leyen on new Brexit rules for Northern Ireland.

The PM made a statement to MPs after joining the EU commission president to unveil the package – the result of months of tortuous negotiations.

Mr Sunak said they had achieved a ‘decisive breakthrough’ and forged a ‘Windsor Framework’ – named after the location of their talks.

He promised ‘smooth flow of trade’ between mainland Britain and Northern Ireland, with UK VAT, customs and medicines rules applying in the province. 

As a result Mr Sunak said they had removed ‘any sense of a border in the Irish Sea’. 

He argued that the minimum of EU rules would be followed to avoid a hard border with the Republic – European judges staying as the final arbiter on those. 

But a ‘Stormont Brake’ will mean laws cannot be forced on the province if opposed by 30 assembly members from at least two parties. If the threshold is met they can ask the UK government to wield a veto. 

Mr Sunak insisted the settlement can open a ‘new chapter’ in ties with Brussels, although he acknowledged the DUP will want to ‘consider the detail’ and the government will ‘give them time and space to do that’. 

The premier declared that a Commons vote will be held – but suggested it might not happen quickly. The government has declared it will drop the NI Protocol Bill as part of the overhaul, against the wishes of many Eurosceptics. Ms von der Leyen suggested that the UK will now be allowed into the Horizon science scheme.   

‘I believe we have found ways to end the uncertainty and challenge for the people of Northern Ireland,’ Mr Sunak said.

There were bombshell rumours this afternoon that the DUP is ready to shift position and accept the agreement.

The reports came despite the unionists having set red lines that have not been met – including completely removing the role of the European Court of Justice. Having the DUP on board would pave the way for the restoration of powersharing at Stormont. 

Party leader Jeffrey Donaldson played down the claims in the Irish News. And in a statement this evening he gave a nuanced reaction – highlighting that there could be ‘no disguising the fact that in some sectors of our economy EU law remains applicable in Northern Ireland’.

‘Where necessary we stand ready to engage with the Government in order to seek further clarification, re-working or change as required,’ he said.

In other positive noises for Mr Sunak, Northern Ireland minister and self-styled ‘Brexit hard man’ Steve Baker – who has been on ‘resignation watch’ over the past few days – said this afternoon that the government had done a ‘fantastic’ deal. 

He said ‘pragmatic’ colleagues should ‘bank the success and move on’. 

Cabinet signed off the plans this afternoon, after the one hour and 45 minute meeting between Mr Sunak and Ms von der Leyen.

But Mr Sunak could still face a rough ride from Tories when he makes a statement to the Commons this evening.

The PM’s allies are waiting nervously to see how Boris Johnson will react to the revised terms, with fears he could intervene in the debate.

Meanwhile, the government is facing a furious backlash for dragging the King into the political pressure-cooker – as Charles will meet Ms von der Leyen separately this afternoon during her visit. 

Brussels has agreed to ditch checks and paperwork on almost all goods and produce sent from mainland Britain to Northern Ireland. Red and green customs channels will be used to distinguish what is bound for the province and the Republic, which remained inside the EU 

Mr Sunak has secured a package that removes 97 per cent of EU law from Northern Ireland.

Although Northern Ireland might still be covered by future EU legislation, there will be a democratic mechanism – a ‘Stormont Brake’ – intended to ensure the province’s politicians have a say.

In one of the potential flashpoints, the European Court of Justice will stay as the final arbiter on single market rules in Northern Ireland. But there will be protections designed to demonstrate that cases cannot be referred directly by the EU.

Mr Sunak appears to have had a crucial win by persuading the bloc that the text of the protocol should be tweaked – something it had previously refused to do. 

That meant that the changes on VAT and other taxes and regulations were possible.

The Windsor Framework document confirmed that the government will not abandon the NI Protocol Bill – which would have unilaterally overridden the protocol.

‘Overall the agreement delivers on the core objectives that the Government set out previously in the Command Paper of July 2021 and the Northern Ireland Protocol Bill in June 2022, such that it is no longer necessary to proceed with the Bill. 

‘In tandem, the EU will no longer proceed with the seven separate legal challenges it had brought against the UK in relation to the Protocol.’ 

Sir Jeffrey said after the announcement: ‘We welcome the publication of the outcome of the Government’s negotiations with the EU which ends a period of speculation and spin, often from those who know little about Northern Ireland.

‘In broad terms it is clear that significant progress has been secured across a number of areas whilst also recognising there remain key issues of concern. There can be no disguising the fact that in some sectors of our economy EU law remains applicable in Northern Ireland.

‘The DUP will want to study the detail of what has been published today as well as examining the detail of any and all underpinning legal texts. Where necessary we stand ready to engage with the Government in order to seek further clarification, re-working or change as required.

‘Ultimately the party will now assess all these proposed outcomes and arrangements against our seven tests, outlined in our 2022 Assembly Election Manifesto, to determine whether what has been published meet our tests and whether it respects and restores Northern Ireland’s place within the United Kingdom.’

Mr Sunak said: ‘For a quarter of a century the Belfast/Good Friday Agreement has endured because at its heart it is respectful to the aspirations and identity of all communities. Today’s agreement is about preserving that delicate balance and charting a new way forward for the people of Northern Ireland.

‘Today’s agreement delivers the smooth flow of trade within the United Kingdom. Goods destined for Northern Ireland will travel through a new green lane with a separate red lane for goods at risk of moving on to the EU.

‘Food retailers like supermarkets, restaurants and wholesalers will no longer need hundreds of certificates for every lorry and we will end the situation where food made to UK rules could not be sent to and sold in Northern Ireland. This means that if food is available on supermarket shelves in Great Britain, then it will be available on supermarket shelves in Northern Ireland.’

Referencing the process of sending parcels and VAT, he said: ‘This means we have removed any sense of a border in the Irish Sea. Second, we have protected Northern Ireland’s place in the Union.’

Ms von der Leyen said she took ‘pride’ in delivering on the commitment to fix the issues with the Northern Ireland Protocol.

‘This new framework will allow us to begin a new chapter,’ she said.

‘It provides for long-lasting solutions that both of us are confident will work for all people and businesses in Northern Ireland. Solutions that respond directly to the concerns they have raised.

‘Prime Minister, we worked hard across a wide range of areas. The new arrangements are delivering a comprehensive package so that we can address in a definitive way the issues faced in everyday lives.’

Ms von der Leyen stressed that ‘the European Court of Justice is the sole and ultimate arbiter of EU law’. ‘That’s natural because it’s prescribed by the EU order. So the ECJ will have the final say in EU law and single market decisions.’

But she said that through the new framework each side has ‘worked hard’ to add the new Stormont brake.

Tory Eurosceptics were largely keeping their powder dry this morning.

But Mr Baker moved to quash rumours he will quit after another bout of talks in No10. 

He told broadcasters: ‘I can only say this: that the Prime Minister is on the cusp of securing a really fantastic result for everyone involved.’

In a round of interviews this morning, Jacob Rees-Mogg did not rule out backing the plan, but suggested Mr Sunak will fail to win over the DUP.

The ex-Cabinet minister told ITV’s Good Morning Britain: ‘There are two things we need to know: one is what the DUP thinks, because the protocol itself sets out in its first article that it is subsidiary to the Good Friday/Belfast Agreement.

‘So, if the DUP doesn’t think that it meets test, that will be very influential among Conservative MPs.

‘I’m afraid with all the EU deals the devil is in the detail, so when people say ‘we need to see the legal text’, they are not larking about, they really want to see it to understand what the effect is.’

Ms von der Leyen is also holding talks with King Charles during her visit to Windsor.

That has caused a wave of anger among DUP and Eurosceptic figures that the monarch is being dragged into the contentious politics of Brexit.

Buckingham Palace seemed to point the finger at ministers by saying the government had advised that the King should meet the visiting dignitary.

Ex-DUP leader Arlene Foster tweeted: ‘I cannot quite believe that No10 would ask HM the King to become involved in the finalising of a deal as controversial as this one. 

‘It’s crass and will go down very badly in NI. We must remember this is not the King’s decision but the Government who it appears are tone deaf.’ 

Mr Rees-Mogg said was ‘constitutionally unwise’ for the King to meet EU chief Ursula von der Leyen around the signing of the new post-Brexit deal on Northern Ireland.

The leading Conservative Brexiteer said: ‘It is surprising that the King will meet Ursula von der Leyen today as it antagonises the people the Prime Minister needs to conciliate.

‘It is also constitutionally unwise to involve the King in a matter of immediate political controversy.’

The PM’s official spokesman said Rishi Sunak believes ‘fundamentally’ the decision was for Buckingham Palace.

‘He firmly believes it’s for the King to make those decisions,’ the official said.

‘It’s not uncommon for His Majesty to accept invitations to meet certain leaders, he has met President Duda and President Zelensky recently. He is meeting with the president of the EU today.’

Asked why the final protocol talks were taking place in Windsor, the spokesman said: ‘There are a number of occasions when these sorts of talks have been held in significant occasions, this is no different.’

Downing Street has stressed that there are still substantive issues for the PM and Ms von der Leyen to address this afternoon, although they are thought to have tied up the main elements in talks by phone yesterday.

Irish deputy leader Micheal Martin has praised ‘very significant and substantial progress’ in protocol negotiations between the UK and EU.

‘I think we’ll leave it to both the President of the Commission and the British Prime Minister to announce whatever has to be announced this afternoon, but I think it’s clear that very significant progress has been made,’ he told RTE Radio.

‘Over the last number of months, trust did build up between the two parties. Very substantial and serious negotiations have taken place in fairly significant detail, working up fairly substantive papers.’

Mr Martin said the customs data agreement struck earlier this year was a ‘gamechanger’ that ‘facilitated a new fresh approach to that issue’.

The foreign affairs minister said the primary concerns that have been articulated by unionism in particular – include the bureaucratic barriers to goods being sent from Great Britain to Northern Ireland, the ‘democratic deficit’ on what input Northern Ireland would have on any future EU regulations, and state aid issues – had been heard.

‘All of these issues, I think, have been responded to. I think the European Union has listened,’ he said.

Mr Sunak has said the deal ‘will show that Brexit truly works and will finish the job’, adding: ‘This deal will work better for business and communities and get goods moving. 

‘It will resolve the issues so we can all move forward. This will give Northern Ireland control of their own destiny. This is something very positive.’

The package is expected to include a ‘Stormont lock’ designed to give Northern Ireland a say – but not a veto – over new EU trade laws that will continue to apply in the province.

The PM held private talks in No 10 with Mr Baker yesterday in a sign of concern about resignations, while a survey by the grass-roots Conservative Home website found Tory activists oppose the idea of Mr Sunak’s plan by 41 per cent to 36.

Former Brexit minister Lord Frost has urged the PM to revive the controversial Northern Ireland Protocol Bill, saying it was vital to be ‘really tough’ with Brussels. 

The European Research Group (ERG) of Tory MPs has said it will establish a ‘star chamber’ of lawyers to examine whether the new deal meets their sovereignty tests.

Meanwhile, DUP MP Sammy Wilson said it was a ‘red line’ for his party that ‘there should be no EU law applying to this part of the UK’. 

Cabinet ministers, who will be formally briefed on the plans this afternoon, were last night ringing round Conservative MPs to shore up support.

Mr Sunak is expected to unveil the details in a statement to Parliament this afternoon. 

However, there has been concern that MPs have not yet been guaranteed a vote on the deal.

Some are concerned that they have been left in the dark during talks. 

One MP claimed Downing Street had kept them out of the loop to ‘set everything up’ and present the deal as ‘a fait accompli’. 

Downing Street has not fully committed to giving Parliament a vote on the agreement, as demanded by the European Research Group (ERG), made up of Eurosceptic Tory MPs.

No10 has been warned that rebels will force an indicative vote whether they want one or not.

The PM will tell MPs that his deal will secure Northern Ireland’s place in the Union and protect the future of the Good Friday Agreement. 

It is expected to lead to the scrapping of a barrage of EU checks on goods sent to the province from the rest of the UK, which have caused major problems for businesses and families, and led to unionist fears that Northern Ireland could be forced out of the UK.

Deputy Prime Minister Dominic Raab said Mr Sunak was ‘on the cusp’ of a deal that would result in the ‘substantial scaling back’ of the role of the European Court of Justice in Northern Ireland.

Mr Raab said the deal would mark a ‘paradigm shift’ in relations and ‘would be very good news for the communities of Northern Ireland and I think for the Good Friday Agreement as well’.

Ministers are optimistic that they can win over most Eurosceptic Tory MPs with a deal which Mr Raab said would ‘properly and fully get Brexit done’ and open the door to warmer relations with the EU.

But senior figures in the DUP warned that they were not yet convinced the deal would deliver enough to persuade them to re-enter power-sharing in Northern Ireland, a key objective of the PM.

And some Tory Eurosceptics said they would struggle to support a deal that was not supported by the DUP and which left the EU with a toehold in the UK.

In an ominous intervention last week, Boris Johnson told the PM that the ‘best way forward’ would be to take unilateral legal powers to scrap the EU’s trade checks in Northern Ireland. 

Mr Sunak yesterday said he was ‘giving it everything we’ve got’ to get a deal.

In an interview with the Sunday Times, the PM said his new agreement was not a threat to Brexit but about ‘making sure Brexit works in every part of the UK’.

Last night, neither No 10 nor Buckingham Palace would comment on whether the King would meet Mrs von der Leyen today. 

Details of a planned meeting on Saturday, which was cancelled for ‘operational reasons’, raised concerns that No 10 was hoping to give the deal the impression of royal approval to head off opposition.

The Mail on Sunday revealed yesterday that the King’s first overseas trip will be to Berlin and Paris, in a break from the tradition of using the inaugural visit to travel to a Commonwealth country.

Jacob Rees-Mogg said it would be ‘wrong if Downing Street has applied pressure on the King’ over a highly political issue. And Mr Wilson warned No 10 against a ‘cynical use’ of the King’s position. 

ERG chairman Mark Francois said the concessions did not appear to go far enough, and he would accept a deal only if ‘EU law is expunged from Northern Ireland’. ‘Less of a role is not enough. 

‘Just putting a couple of intermediate phases in but in a situation where you still end up with the European Court of Justice is effectively sophistry. We’re not stupid.’

DUP MP Ian Paisley said: ‘If the PM’s plan involves keeping any part of the protocol, the DUP will not be going back into power-sharing.