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That's a novel turn of phrase.

As a matter of Vienna convention on the law of treaties, IE-UK CTA, UK statutes--the GFA alias Belfast Agreement as affirmed by the Northern Ireland (St Andrews Agreement) Act 2006 --and UK common law this statement is incorrect.

No deal would have accomplished that, but the Commons has ruled it out.

UK not ratifying the WA accomplishes delay of UK separation from the TEU. Until UK Commons MPs exhaust extension applications to the "period under Article 50(3)TEU," granted by the EU Council, UK is subject to TEU rights and obligations codified as EURLEX.
It is not clear whether Theresa May's original deal (with the N.I. only backstop) which was never put to the House of Commons would have passed at that time had the DUP not raised the alarm.

There is and has been only one legal instrument titled Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, commonly known as the "Withdrawal Agreement" or "May's deal", agreed by T.May and the EU Council and presented to parliament for consideration since 17 Nov 2018.

The WA incorporates relevant EURLEX by citation.

In the UK the European (Withdrawal) Act of 2018 was passed by parliament and granted assent by HRM LOL 26.6.2018 before the negotiated WA was finalized for ratification by UK parliament. My knowledge and belief is, section 10-12 have not since been modified or repealed by UK parliament.

Continuation of North-South co-operation and the prevention of new border arrangements

(1)In exercising any of the powers under this Act, a Minister of the Crown or devolved authority must--

(a)act in a way that is compatible with the terms of the Northern Ireland Act 1998, and

(b)have due regard to the joint report from the negotiators of the EU and the United Kingdom Government on progress during phase 1 of negotiations under Article 50 of the Treaty on European Union.

(2)Nothing in section 8, 9 or 23(1) or (6) of this Act authorises regulations which--

(a)diminish any form of North-South cooperation provided for by the Belfast Agreement (as defined by section 98 of the Northern Ireland Act 1998), or

(b)create or facilitate border arrangements between Northern Ireland and the Republic of Ireland after exit day which feature physical infrastructure, including border posts, or checks and controls, that did not exist before exit day and are not in accordance with an agreement between the United Kingdom and the EU.

Journalists' reporting and columnists' fables have no legal force. Get over it. Identify the elected representatives who do.

Diversity is the key to economic and political evolution.
by Cat on Thu Sep 12th, 2019 at 06:35:58 PM EST

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