1. Free movement will come to an end, once and for all, with the introduction of a new skills-based immigration system. NO. Some aspects of free movement likely to remain as part of Withdrawal Agreement and to be negotiated in future relationship. We do not have full control over our borders.
  2. We will take back full control of our money which we will be able to spend on our priorities such as the NHS. We will leave EU regional funding programmes – with the UK deciding how we spend this money in the future. NO. EU can still bill us after we leave. While we are leaving regional funding programmes we may still be subject to some liabilities and costs and clawback on UK schemes.
  3. The jurisdiction of the European Court of Justice in the UK will end. NO. ECJ can continue to impose judgements on us as per Withdrawal Agreement for a number of years to come and as it has the final say over matters of Union Law and interpretation of Withdrawal Agreement it will still have jurisdiction in the UK.
  4. In the future we will make our own laws in our own Parliaments and Assemblies in Westminster, Edinburgh, Cardiff and Belfast. NO. During transition period we are obliged by Withdrawal Agreement to implement EU Law. Moreover, if the single customs territory/Customs Union continues then EU Laws and Rules will continue to apply to the UK.
  5. We will leave the Common Agricultural Policy. YES. However, rules and regulations on agriculture sector could be influenced by future trade deal and ability to trade beyond EU limited while in Customs Union/single customs territory.
  6. We will leave the Common Fisheries Policy and become an independent coastal state again, with control over our waters. YES. On paper we leave the CFP, but we will not have control over our waters as this is being considered “within the context of the overall economic partnership” (para. 75, Political Declaration).
  7. We will be able to strike trade deals with other countries around the world. Deals can be negotiated and ratified during the implementation period and put in place straight afterwards. NO. Although under the Withdrawal Agreement, Article 129(4), the UK can negotiate and sign deals that can come into force after the transition period, the fact the transition period can be extended and there is uncertainty about future Customs arrangements and tariffs with the EU and what the future EU deal imposes on us has an impact on what can be negotiated with other countries. Furthermore, under Article 129(3) of the Withdrawal Agreement the UK cannot undertake “any action or initiative which is likely to be prejudicial to the Union’s interests, in particular in the framework of any international organisation, agency, conference or forum of which the United Kingdom is a party in its own right.”  Therefore, the EU effectively has a veto on our foreign and trade policy.
  8. We will be an independent voice for free trade on the global stage, speaking for ourselves at the World Trade Organisation, for the first time in decades. NO. The UK will be expected and required to follow the EU position after we leave the EU on 29 March 2019 and during the transition period. As the Explainer for the Agreement on the Withdrawal (published 14 Nov 2018 by the UK Government) makes clear (para. 120, pages 27-28): “During the implementation period the UK and the EU have agreed that the UK will be treated as a Member State for the purposes of EU international agreements with third countries.”
  9. We will be freed from the EU’s political commitment to ever closer union.  But the Withdrawal Agreement and future arrangements, especially with the role of the ECJ, could still keep us bound into some aspects of ‘Ever Closer Union.’ Moreover, the Political Declaration (para. 51) would require “The mobility arrangements [to] be based on non-discrimination between the Union’s Member States and full reciprocity.” Therefore, if new Member States join, whatever movement and immigration arrangements are agreed between the UK and EU will extend to new members.
  10. We will be out of the EU’s Charter of Fundamental Rights, recognising the UK’s long track record in protecting human rights. NO. The Political Declaration makes it clear (para. 83) that in relation to law enforcement and judicial cooperation the Charter will be a factor in interpreting EU Law, which could be applied to the UK. Moreover, more widely, the ECJ will factor the Charter into decisions it makes which could impact on the UK too.
  11. A fair settlement of our financial obligations, which will be less than half what was originally predicted. NO. We are paying £39 billion for no guarantees of any trade deal in return and paying £39 billion to let the EU impose more rules on us which we have no control over.
  12. Both the one million UK citizens living in the EU and the three million EU citizens living in the UK will have their rights legally guaranteed so they can carry on living their lives as before. YES.
  13. We will have a free trade area with the EU, with no tariffs, fees, charges or quantitative restrictions across all sectors, helping to protect UK jobs. We will be the only major economy with such a relationship with the EU. NO. This is not guaranteed and needs to be negotiated. There is no legally binding commitment on the EU to deliver this.
  14. We’ve agreed with the EU that we will be as ambitious as possible in easing the movement of goods between the UK and the EU as part of our free trade area. NO. This is not guaranteed and needs to be negotiated. There is no legally binding commitment on the EU to deliver this.
  15. We will have an implementation period after we leave the EU during which trade will continue much as it does now. This will allow Government, businesses and citizens time to prepare for our new relationship. YES. But during this period the EU will be able to impose new law and rules on the UK which we will have no say over.
  16. The deal will see a greater reduction in barriers to trade in services than in any previous trade deal.NO. This is suggested in the Political Declaration but not guaranteed.
  17. There will be an agreement that means UK citizens can practice their profession in the EU. NO. This is suggested in the Political Declaration but not guaranteed.
  18. A comprehensive deal that secures access to the EU market for our financial services sector meaning the EU cannot withdraw it on a whim. This will provide stability and certainty for the industry. NO. This is suggested in the Political Declaration but not guaranteed.
  19. A best in class agreement on digital, helping to facilitate e-commerce and reduce unjustified barriers to trade by electronic means. NO. This is suggested in the Political Declaration but not guaranteed.
  20. We have agreed that there will be arrangements that will let data continue to flow freely, vital across our economy and for our shared security. NO. This is suggested in the Political Declaration but not guaranteed.
  21. Trade arrangements for gas and electricity will help to ease pressure on prices and keep supply secure. NO. This is suggested in the Political Declaration but not guaranteed.
  22. Strong rules will be in place to keep trade fair, so neither the UK nor EU can unfairly subsidise their industries against the other. NO. This is suggested in the Political Declaration but not guaranteed.
  23. We will have a comprehensive Air Transport Agreement and comparable access for freight operators, buses and coaches. NO. This is suggested in the Political Declaration but not guaranteed.
  24. We have agreed that there will be arrangements so we can take part in EU programmes like Horizon and Erasmus. NO. This is suggested in the Political Declaration but not guaranteed and will be subject to terms and conditions which we do not know of yet.
  25. There will be a co-operation agreement with Euratom, covering all the key areas where we want to collaborate. NO. This is suggested in the Political Declaration but not guaranteed and will be subject to terms and conditions which we do not know of yet.
  26. Visa-free travel to the EU for holidays and business trips will continue. YES.
  27. Our new security partnership will mean sharing of data like DNA, passenger records and fingerprints to fight crime and terrorism, going beyond any previous agreement the EU has made with a third country. NO. This is suggested in the Political Declaration but not guaranteed.
  28. Our new security partnership will enable the efficient and swift surrender of suspected and wanted criminals. NO. This is suggested in the Political Declaration but not guaranteed. Moreover, actions on law enforcement and judicial cooperation will be subject to the ECJ and will depend on how many EU obligations we accept (Political Declaration, para. 83).
  29. Close co-operation for our police forces and other law enforcement bodies. NO. This is suggested in the Political Declaration but not guaranteed.
  30. We will continue to work together on sanctions against those who violate international rules. NO. This is suggested in the Political Declaration but not guaranteed.
  31. We will work together on cyber-security threats and support international efforts to prevent money laundering and the financing of terrorism. NO. This is suggested in the Political Declaration but not guaranteed.
  32. Disputes between the UK and the EU on the agreement will be settled by an independent arbitrator, ensuring a fair outcome. NO. Although an independent arbitration panel will be established under the Withdrawal Agreement the Court of Justice of the EU will still have the final say on matters relating to EU Law (Withdrawal Agreement, Article 174(1)) and their judgement will be binding on the panel. Moreover, under Article 89(2) of the Withdrawal Agreement, the Court will determine if the UK has not met a requirement of the Agreement or and EU Treaty it is bound by (Article 89(2) states: “If, in any judgement referred to in paragraph 1, the Court of Justice of the European Union finds that the United Kingdom has failed to fulfil an obligation under the Treaties or this Agreement, the United Kingdom shall take the necessary measures to comply with that judgement.”).
  33. We will meet our commitment to ensure that there is no hard border between Northern Ireland and Ireland. YES. But the price of this is the UK bound into Customs Union and a separation of Northern Ireland from the rest of the UK under the backstop.
  34. We will keep the Common Travel Area between the United Kingdom and Ireland, ensuring everyday life continues as now. YES. But the Common Travel Area pre-dates membership of the EU so not really a negotiation win for the Government or a reason to back the Brexit deal.
  35. We will keep the Single Electricity Market between Northern Ireland and Ireland, which will help maintain a stable energy supply and keep prices down in Northern Ireland. YES. But the price of this is the UK bound into Customs Union and a separation of Northern Ireland from the rest of the UK under the backstop.
  36. Both sides will be legally committed, by the Withdrawal Agreement, to use “best endeavours” to get the future relationship in place by the end of the implementation period, helping to ensure the backstop is never used. NO. The term ‘best endeavours’ is not something that can be legally binding as it is difficult to interpret and enforce if one side thinks that the other is not acting in accordance with ‘best endeavours’.
  37. An agreement to consider alternative arrangements to avoid a hard border on the island of Ireland, including all facilitative arrangements and technologies, and to begin preparatory work on this before we leave the EU, reflecting shared determination to replace the backstop. YES. But there is no incentive for the EU to reach an agreement as they benefit from the backstop position.
  38. In the unlikely event we do have to use the backstop, a UK-wide customs area will ensure there is no customs border in the Irish Sea. YES. But this means that the UK remains bound into the Customs Union and limits our ability to make free trade deals. The Government should focus on technological solutions to the customs issues.
  39. Gibraltar’s British sovereignty will be protected. YES. But Britain’s sovereignty over Gibraltar should have nothing to do with the EU, so his is not a negotiating win for the Government or a reason to back the Brexit deal.
  40. The deal delivers on the referendum result. It takes back control of our money, borders and laws whilst protecting jobs, security and the integrity of the United Kingdom. NO. We still have the EU determine rules and laws that affect the UK, some aspects of free movement remain, Britain is still paying £39 billion and possibly more for no guarantees in return on future trade deal, and the future of the UK is still under threat.

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