Government admits it is checking if Theresa May’s Brexit customs plan is legal Lawyers are examining whether Theresa May’s plan for trading with the EU after Brexit is legal under international law, her deputy has admitted.
David Lidington, the cabinet office minister, also acknowledged that senior ministers had made serious criticisms about the technical detail behind the so-called customs partnership.
It would be a “week or so” before the inner cabinet was ready to fully examine both the partnership plan and the rival “max fac” model based on smart technology, he said.
However, Mr Lidington denied the involvement of lawyers presented a further hurdle, saying: We test the legal risks involved. This is just a normal routine part of policy
This is what always happens when you talk about a treaty. You check is this compatible with other treaties to which you are party, or the countries you are negotiating with are party.
This is not something that is special here – this is a normal part of everyday government business.
A letter, setting out his opposition to the proposal, warns that, if the government backs the partnership plan now, it would be too late to reverse the policy if legal obstacles then emerged, it has been reported.
The attorney-general will also consider the legality of the maximum facilitation model, to establish if it could also be challenged at the World Trade Organisation (WTO).
He spoke after Mr Davis announced a white paper on Brexit strategy would be published next month, to rebut allegations that Britain has failed to state what kind of future relationship it wants.