Former Brexit negotiator casts doubt on quick deal

The former Brexit Secretary, who lead negotiations between the UK and EU under Theresa May before resigning froom the role in the summer of 2018, suggested the UK would trigger Article 16 if the EU refuses to make concessions on the role of the European Court of Justice in adjudicating trade disputes.

While he cast doubt on the prospect of a deal being reached this side of Christmas, Mr Davis told the BBC he believes the EU’s chief negotiator Maros Sefcovic is “trying very hard” to achieve such an outcome.

He warned, however, that trade sanctions could begin if the UK does decide to trigger Article 16.

“Under those circumstances the Europeans might be tempted to start trade sanctions, which will then spiral when the UK government responds,” Mr Davis said.

“It’s not a route you want to go down if you can avoid it.”

Mr Davis also expressed opposition to the European Court of Justice being allowed to “make judgments about what are essentially United Kingdom issues”.

He said the issue dates back to his time as Brexit Secretary.

“That is an important constitutional issue and it’s been a looming issue since 2017,” Mr Davis said.

His comments are in contrast with the view expressed by European Commission vice president Maros Sefcovic earlier this week.

Following the publication of proposals the EU believe could resolve many of the issues associated with the protocol, Mr Sefcovic said: “I believe that we could be in the home stretch with our proposals on the table, and, as I said, let’s try to solve all these issues before Christmas because I think that would be the best Christmas gift we can give to the people of Northern Ireland.”

He warned, however, that he has “no mandate to renegotiate the protocol”.