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Brexit legal advice says deal offers indefinite Irish backstop

Theresa May’s government has given in to pressure from all sides to publish the advice.

THE UK GOVERNMENT has published the legal advice it has received on the Brexit withdrawal agreement made with the EU, after sustained pressure on Prime Minister Theresa May.

May faces a tough battle to get her Brexit deal through parliament, and had been pressed by unlikely allies DUP, Labour and figures from within her own party to publish the advice from her Attorney General Geoffrey Cox.

May has ruled out holding a second referendum, urging MPs instead to approve the deal she has made with EU leaders.

The deal has proved highly divisive and all the signs point to MPs rejecting in a crucial vote next week.

Arlene Foster’s former special advisor Richard Bullick told RTÉ Radio 1′s Morning Ireland that the DUP was among a number of parties who’d joined forces to try to press May to release the legal advice. 

“We’re in incredibly unusual times and to some extent that will mean there will be strange, perhaps unholy alliances,” he said.

Despite the differences between the DUP and Labour, he said there is a “convergence of interests on this particular issue”.

The legal advice itself, has some stark warnings of the implications of Brexit which will make for grim reading for Brexiteers and remainers alike. 

For example, it says that in the event that if the transition period before Britain fully leaves the EU is extended for any reason, the UK will still have to pay money to the EU.

“During any extended implementation period, the UK would not be within EU budget arrangements… So the joint committee would decide on an appropriate financial contribution,” it says.

On the issue of a backstop in Northern Ireland, it says that if an alternative is not found before the end of the transition period in December 2020, then the backstop could remain indefinitely.

The backstop will “continue to apply unless and until it is superseded, in whole or in part, by a subsequent agreement establishing alternative arrangements”,” it says. 

May is addressing the House of Commons this afternoon, and she seeks to secure the support of her MPs for a Brexit deal that many find unpalatable.

Second referendum

The second referendum campaign has meanwhile gained momentum, particularly with the resignation of two ministers who have said another vote could be a way out of the current political impasse.

“There are no certainties in politics and in Westminster at the moment. But I am more positive and confident than I have ever have been since I’ve got involved in this campaign,” said Labour MP Chuka Umunna, a leading supporter.

Around 100 anti-Brexit campaigners turned out for a demonstrations near Downing Street on the eve of the start of the parliamentary debate on the Brexit deal.

“This is for my grandchildren,” said Glenys Rampley, 74.

“It’s unfair for the young people of this country being deprived of the opportunities that the European Union offers,” she said.

Campaigners from the pro-Brexit Leave Means Leave also turned out for a demonstration outside the British parliament.

At the protest, Harry Todd told AFP he was representing the 17.5 million people who voted to leave the EU in the 2016 referendum.

“They are trying to sell off a Brexit which isn’t a Brexit,” he said, calling for a clean break with the EU.

With reporting from AFP, Órla Ryan, Gráinne Ní Aodha

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62 Comments
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    Mute Seán Ó Briain
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    Dec 3rd 2018, 4:26 PM

    Another referendum please. Nothing good can come out of Brexit. It’s going to destroy the UK economy, take opportunities away from the youth for travelling, working and getting an education in the EU and isolate the UK from the rest of the continent.

    335
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    Mute Dave Thomas
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    Dec 3rd 2018, 4:37 PM

    @Seán Ó Briain: even if there was something good to get out of it the British government have messed this up.

    83
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    Mute Dara O'Brien
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    Dec 3rd 2018, 4:47 PM

    @Dave Thomas: I don’t think there’s anything they could’ve done to be honest. You can’t leave the EU and not have a border/give the north differential treatment. The DUP holding the balance of power makes it an impossible position.

    May’s decision to hold a general election is coming back to bite her now but even if she didn’t do that, given the ruptured party and the resignations etc any deal issue to fail. The UK public were sold a pup by a bunch of underhanded morons. Leaving means giving stuff up, if you don’t give it up then you’re not leaving. Take it on the chin and GTFO or stay as you are – you can only stand in the doorway for so long

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    Mute Hellenize Dublin
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    Dec 3rd 2018, 5:10 PM

    @Seán Ó Briain: are you a UK citizen? Because if we had a referendum in Ireland, I wouldn’t want people from another country calling for us to do it again.

    Secondly, your misleading rhetoric of “destroying” the UK economy is a simple prediction and sensationalism, yet it is said as if it is fact. This is the same type of rhetoric that caused the referendum result in the first place.

    47
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    Mute Dara O'Brien
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    Dec 3rd 2018, 5:16 PM

    @Hellenize Dublin: I’d be of the opinion that what ‘caused’ the referendum result was the growing ‘iliberalisation’ of liberalism. History shows us time and again that when a portion of a population who are suffering from the effects of recession feel that their views are being ignored (however I’ll founded those views might be) they will throw their support behind whoever they think will listen to them.

    Pressing the mute button is not a good way to educate people

    25
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    Mute Hellenize Dublin
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    Dec 3rd 2018, 5:27 PM

    @Dara O’Brien: I largely agree with your analysis.

    However, the rhetoric I was saying caused the referendum result was the same type of inaccurate rhetoric stated above, whereby it prayed on people’s emotions but in relation to what you have said; how people were ignored, marginalized, put under austerity measures etc.

    14
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    Mute Glenn O'hAilpín
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    Dec 3rd 2018, 5:37 PM

    @Hellenize Dublin: There’s no sensationalism here, just your ignorance.

    13
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    Mute Danny Rafferty
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    Dec 3rd 2018, 6:52 PM

    @Hellenize Dublin: Links to how the UK economy is going to improve under Brexit please or else it would appear your argument doesn’t have much weight.
    I agree that “Destroying” might be an exaggeration though..Severely hampered might be more accurate though not necessarily any more acceptable to most ordinary British citizens.

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    Mute Seán Ó Briain
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    Dec 3rd 2018, 7:07 PM

    @Hellenize Dublin: “Secondly, your misleading rhetoric of “destroying” the UK economy is a simple prediction and sensationalism”

    It’s not sensationalism. It’s based on the views of multiple economists and common sense. Almost half of the UK’s trade goes to the EU. If you lose the ability to trade with your single largest trade bloc tariff free – explain to me exactly how that will not impact the economy of the UK?

    You can’t because there’s no credible studies which show that the UK will be financially better off outside of the EU.

    14
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    Mute Hellenize Dublin
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    Dec 3rd 2018, 7:19 PM

    @Glenn O’hAilpín: ok then, so considering destroy means to end the existence of something, you think the UK’s economy will no longer exist after Brexit? Or a large portion of it?

    It’s sensational as the wrong terms of being used to describe an event that has never occurred, so nobody on earth can know for sure how things will end up (my great self included :P). So yes, there is a degree of sensationalism in the commentator’s comment.

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    Mute Hellenize Dublin
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    Dec 3rd 2018, 7:27 PM

    @Danny Rafferty: Patrick Minford has done some research to support Brexit and no deal option. Not saying I fully support his analysis or this publication.

    https://www.express.co.uk/comment/expresscomment/984647/comment-brexit-deal-canada-plus-free-trade

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    Mute Hellenize Dublin
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    Dec 3rd 2018, 7:31 PM

    @Seán Ó Briain: I never claimed it would not impact their trade and economy. I just believe there is another side of the argument, and it’s becoming an echo chamber of “Brexit=bad”, without any critical analysis/debate.

    As I’ve said, I thought the use of the term destroy was sensational. If it’s just me, then I’ll leave it there.

    8
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    Mute wattsed56
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    Dec 3rd 2018, 7:54 PM

    @Seán Ó Briain: Leave the economists aside, you will find as many pro and against as you wish to find. The EU also trades with countries outside on WTO terms that have no trade agreement with them. The EU applies tarrifs to those imports, in part to protect EU producers or manufacturers. That’s in addition to CAP for farming which is/will be paid for by EU governments – your taxes. The same taxes that you will provide to pay to equip PESCO, the same to pay thousands of Brussels civil servants, and for “infrastructure” for new EU entrants. The EU publicly say the era of sovereign nations within it must end, centralization from Brussels is the strategy.
    If you’re fine with that, I’m happy for you, really. Brexit supporters aren’t, for many reasons.
    I’m sorry it didn’t work out for you when you voted in the UK referendum. But with the UK leaving, it will bring Ireland closer to the EU in many ways which is what, I think, suits.

    8
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    Mute wattsed56
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    Dec 3rd 2018, 8:49 PM

    @Danny Rafferty: Do your own research. Or try “briefings for brexit”, the “IEA”, Woody Johnsons letter – US Ambassador, the ex Greek finance minister’s analysis, Lord Mervyn King – 10 yrs BoE governor.
    Do the googling yourself, go on – you know you want to.

    7
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    Mute Charles Alexander
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    Dec 3rd 2018, 9:37 PM

    @wattsed56:
    Well said

    5
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    Mute Danny Rafferty
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    Dec 3rd 2018, 11:12 PM

    @Hellenize Dublin: Sorry, your answer does not link to analysis as requested.
    1. Minford may or my not have done analysis elsewhere, but this isn’t it
    2. This is an opinion piece, not analysis and it does not offer any financial basis or references to support said opinion
    3. It proposes abandoning the backstop, something Britain cannot do unless it opts for no deal at all: No analysis I have seen shows that as being beneficial.
    4. He makes factually incorrect claims about trade barriers within the piece.

    You are therefore correct to not to fully support him and would be even more correct not to support him at all.

    2
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    Mute Danny Rafferty
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    Dec 3rd 2018, 11:21 PM

    @wattsed56: I’ve done enough research of my own and I’m not doing any of your homework for you or anyone else’s.
    It’s not for me to prove anyone else’s point especially if they choose posting factually incorrect rubbish on the internet as a hobby.
    By the way, you won’t find as many economists to back Brexit as oppose it. That’s factually incorrect also.
    The fact that that we can all trade outside the EU on WTO (unless there’s an FTA in place) is entirely moot and if you can’t see why you need to go back to the drawing board.
    I do enjoy your little efforts though.

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    Mute Danny Rafferty
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    Dec 3rd 2018, 11:22 PM

    @Charles Alexander: Is spouting factually incorrect claptrap something you admire Charles?

    1
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    Mute Pat Lonergan
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    Dec 3rd 2018, 4:43 PM

    God help May caught between the devil and the DUP….

    208
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    Mute wattsed56
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    Dec 3rd 2018, 8:58 PM

    @Pat Lonergan: And the SNP, many but not all Labour, LibDems, Plaid Cymru and a growing number of Conservative MP’s.
    Your point is what ?
    A cross party collection of democratically elected MP’s should just roll over ? – like in The Dail ?

    10
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    Mute Pat Lonergan
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    Dec 3rd 2018, 11:00 PM

    @wattsed56: IT WAS A JOKE A PUN A PLAY ON WORDS……….165 PEOPLE GOT IT…..ONE PLONKER DID NOT.

    28
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    Mute Bart Teeling
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    Dec 3rd 2018, 5:31 PM

    Part of me looking forward to seeing perplexed gammon queuing at non-eu passport control in Spain..

    75
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    Mute Joe Johnson
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    Dec 3rd 2018, 6:00 PM

    @Bart Teeling: Spanish passport control won’t have much sympathy for them.

    43
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    Mute wattsed56
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    Dec 3rd 2018, 9:54 PM

    @Bart Teeling: Why ? – bit xenophobic, would you enjoy queuing at Stansted, LGW, LHR etc ?

    7
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    Mute Dara O'Brien
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    Dec 3rd 2018, 5:36 PM

    On a related question, will we be able to get duty free on trips to old Blighty again?

    51
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    Mute wattsed56
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    Dec 3rd 2018, 9:18 PM

    @Dara O’Brien: Not sure. Maybe nip up North ?

    6
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    Mute Paul
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    Dec 3rd 2018, 5:08 PM

    Brexit: The act of shooting yourself in the foot and the head at the same time.

    83
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    Mute John Carberry
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    Dec 3rd 2018, 6:17 PM

    This is incorrect. She has not published the legal advice. She has published a “position paper” on the legal advice. Not the same thing. And now a formal letter, signed by 6 parties, has been submitted regarding contempt of parliament because she has not published the actual legal advice, as she was legally obliged to by parliament.

    38
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    Mute wattsed56
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    Dec 3rd 2018, 8:09 PM

    @John Carberry: Ah now John, that suits neither the agenda of The Journal, or a good walloping of anti Brit rhetoric from most on here.
    Can’t be reporting facts now can we. I’m personally waiting for The Journal to have a poll “Do you think Argentina should invade the Falklands again”
    Guaranteed clickbait.

    13
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    Mute Michael Maher
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    Dec 3rd 2018, 6:43 PM

    Britain is facing a humiliating defeat by the EU.
    You can come in but you can never leave
    It was the biggest mistake in their history for a once prosperous to ever join the EU a mix of all sorts dominated by the Germans

    29
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    Mute Amod Gokhale
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    Dec 4th 2018, 4:41 AM

    @Michael Maher: Actually Britain was dump with decade long recession before it agreed to join EU. It had lost most of its rich colonies due to WW II. https://www.ft.com/content/202a60c0-cfd8-11e5-831d-09f7778e7377

    The first graph will tell you everything you wish to know.

    More in depth study
    https://voxeu.org/article/britain-s-eu-membership-new-insight-economic-history

    3
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    Mute WoodlandBard
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    Dec 3rd 2018, 5:39 PM

    Second referendum vital as now people know more of what it is about. I suspect it was older people that voted leave?

    18
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    Mute emer caffrey
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    Dec 3rd 2018, 7:18 PM

    @WoodlandBard: not to mention Argentina rumblings over the falklands again

    7
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    Mute wattsed56
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    Dec 3rd 2018, 8:04 PM

    @WoodlandBard: Why ? – you conduct an opinion poll or have empirical evidence from an independent source covering all demographics across the whole UK ?
    Now don’t quote the BBC, Guardian, RTE or Northside Journal (although I read that one myself)
    Thought not.

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    Mute Terry Cahill
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    Dec 3rd 2018, 11:38 PM

    @WoodlandBard: all dead by now .

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    Mute Austin Rock
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    Dec 3rd 2018, 6:19 PM

    The backstop is not what is on offer, it is in the event of no agreement – until there is an agreement. Backstop suits neither side and is a safety net. What we have is a hypothetical row about a hypothetical arrangement. The Brits do get throttled on their own detail, happened to Charles II and going to happen to the Tories. The very least the UK Govt is going to face is the electorate, be it in another vote or a general election, wipe out.

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    Mute wattsed56
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    Dec 3rd 2018, 7:58 PM

    @Austin Rock: I truly think the AG’s legal interpretation has more, however slightly, credibility than yours. Not sure Charles II has much significance now. Never knew the chap.

    6
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    Mute All Aboard To China
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    Dec 3rd 2018, 7:09 PM

    No bombshell there. Can those clowns not just simply read the agreement?

    11
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    Mute Tommy Roddy
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    Dec 3rd 2018, 10:52 PM

    The heading on this article is incorrect. The legal advise hadn’t been published yet. The attorney general answered questions on it in the House of Commons this afternoon. A vote will be taken tomorrow which may force Teresa May to publish.

    6
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    Mute Paul Donaghy
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    Dec 3rd 2018, 10:50 PM

    Gotta laugh at all the doomsday stuff about Uk leaving Eu. Trading with Eu will not be an issue. Germans need to sell their cars Kone need to sell their escalators etc etc. it’s in both parties interests. I’m amazed by how ignorant people are of what’s happening on the ground in England. They literally can’t cope with all the immigrants. They’re not anti immigrant they just can’t handle the influx. It’s harder because so many haven’t a word of English.

    9
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    Mute Danny Rafferty
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    Dec 3rd 2018, 11:41 PM

    @Paul Donaghy: Really? You think the Germans and other manufacturers won’t replace British imports into the EU on the back of this and make up much of the loss?
    I’m amazed you think the British will be able to buy those German cars. That’s what’s worrying the Mercedes CEO.
    And while you mention immigration into Britain, can you point me in the direction of policies, or even the promise of a policy, that is going to substantially affect net migration into the UK.
    Last time I checked there was lots of back-peddling on vague aspirations on numbers that persistently reduced with each report.
    Not very confidence inspiring.
    See the Brexiters are great at waving flags at problems, but they’ve no plans.
    Incompetent and amateurish: plain and simple.

    6
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    Mute Matthew Corrigan
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    Dec 4th 2018, 12:16 AM

    @Paul Donaghy: The Germans have no problem selling their cars anywhere else in the world, why should one market matter. As for the Finnish escalator / lift manufacturer Kone, I don’t see why the markets worldwide for their products are adversely affected. They had $1.2 bn in income last year, a small drop in the pond to lose the British market. Perhaps you mean Thysenn Krupp who had a similar income although they have their fingers in so many pies their not going hungry for a while. Trading may not be an issue from the EU to Britain. It’s the reverse which may impact Britain hardest.

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    Mute Paul Donaghy
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    Dec 4th 2018, 12:47 AM

    @Danny Rafferty:
    You obviously haven’t read the withdrawal agreement

    1
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    Mute Paul Donaghy
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    Dec 4th 2018, 12:50 AM

    @Matthew Corrigan:

    One market would matter because bmw Daimler and vw have said if they lost the Uk market in the morning they would all go bankrupt overnight. Please do your research before commenting.

    1
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    Mute Danny Rafferty
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    Dec 4th 2018, 7:06 AM

    @Paul Donaghy: You’ll have to be more specific about the relevance of that comment Paul. Your initial post is broad and rambling and the agreement is over 500 pages long.
    And no I haven’t read it…I pay representatives to do that for me and so far I am reasonably happy with how they have acquitted themselves.

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    Mute Danny Rafferty
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    Dec 4th 2018, 7:07 AM

    @Paul Donaghy: link please Paul.

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    Mute Michael Maher
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    Dec 3rd 2018, 7:18 PM

    Britain is facing a humiliating defeat by the EU.
    You can come in but you can never leave
    It was the biggest mistake in their history for a once prosperous nation to ever join the EU a mix of all sorts dominated by the Germans

    7
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    Mute Danny Rafferty
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    Dec 3rd 2018, 11:30 PM

    @Michael Maher: Factually incorrect rubbish.
    You can leave any time you like, but you pay your bill.
    Oh, and you actually leave, you don’t hang out in the lobby for five years trying to get into the residents’ bar.
    To quote somebody forgettable “Leave means leave”.

    5
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    Mute Danny Rafferty
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    Dec 3rd 2018, 11:30 PM

    @Michael Maher: But you are correct in saying it’s a humiliating defeat.

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    Mute Michael Corkery
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    Dec 4th 2018, 12:07 AM

    @Michael Maher: it’s really more a defeat by facts. The EU stuck to facts, while brexiteers didn’t want to limit themselves to reality.

    4
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    Mute Susiebee
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    Dec 3rd 2018, 10:58 PM

    The legal advice has not been published, which is why there will be a debate in parliament on whether the government is in contempt. Come on Journal, how is this still up?

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    Mute John Quinn
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    Dec 3rd 2018, 9:38 PM

    If England and Wales…. the only ones that really matter.. voted to remain in the EU in a second referendum.. what would the Brexit people do?

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    Mute wattsed56
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    Dec 3rd 2018, 9:51 PM

    @John Quinn: Call for the best of three I assume.

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    Mute Patrick Jackman
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    Dec 3rd 2018, 10:43 PM

    @John Quinn: If it was marginal and especially if it was on a low turnout they could demand a third referendum.

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    Mute Patrick Jackman
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    Dec 3rd 2018, 10:43 PM

    May’s gamble that she would present her deal to the HoC at the last possible moment and the HoC would then be left with no alternative looks to have backfired spectacularly. No deal looks to be inevitable now as there isn’t time for anything else.

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    Mute Nomis Andrews
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    Dec 3rd 2018, 10:29 PM

    A second referendum will solve all this nonsense with the added bonus of putting Boris and Rees Mogg where they belong: In the Doghouse.

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    Mute Patrick Jackman
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    Dec 3rd 2018, 10:45 PM

    @Nomis Andrews: According to last weeks survation and delta polls there is now a bigger majority for Leave.

    5
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