If this is a fig leaf, it does not cover very much. It certainly does not cover the Government’s desperation to give the European Research Group and the Democratic Unionist party an excuse to come in off the ledge. So when it comes to arbitration, can the Minister confirm that article 174 of the withdrawal agreement will still stand? It states:
“Where a dispute submitted to arbitration…raises a question of interpretation of a concept of Union law…the arbitration panel shall not decide on any such question. In such case, it shall request the Court of Justice of the European Union to give a ruling on the question. The Court of Justice of the European Union shall have jurisdiction to give such a ruling which shall be binding on the arbitration panel.”
Does that still stand?