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Fiona Mitchell: Davis remarks highlight May's problems

The next job for the British cabinet is to form a vision of exactly what type of Brexit it wants
The next job for the British cabinet is to form a vision of exactly what type of Brexit it wants

British Prime Minister Theresa May is focusing on the optimism that has come from getting phase one Brexit talks over the line.

It has given Mrs May something to celebrate in a premiership that has so far been short on good news. But the 72 hours after the deal was done often felt it was more about confusion than optimism as cabinet ministers interpreted the agreement in print and broadcast media.

Not surprisingly, it was the comments of Brexit Secretary David Davis that garnered the most headlines.

His comments on the BBC’s Andrew Marr programme on Sunday morning suggesting that the phase one deal was a "statement of intent" rather than legally enforceable raised eyebrows in Dublin and Brussels - and London also.

A statement from the  Government made it clear that whatever the British interpretation might be, the Irish side expected any deal to be upheld.

Cue Mr Davis coming out this morning to reassure everyone that his words had been misinterpreted by the media. Not legally enforceable quickly turned to "legally enforceable under the withdrawal agreement".

Mr Davis’s comments will always be analysed, he is after all the minister with responsibility for the process of Brexit. But coming as they did just hours after another minister suggested a UK-EU deal would not be written in stone, it started to look like a trend.

Environment Secretary Michael Gove was one of the architects of the Brexit referendum. In an article in The Telegraph newspaper on Saturday, Mr Gove wrote that British people would be able to change any deal in the future if unhappy with it.

The British people will be in control, he wrote, and if people dislike what has been negotiated, the agreement would allow a future government to diverge.

The clarification from Mr Davis was welcomed by the  Government, and Mrs May must now hope it was a wrinkle that was ironed out and smoothed over as she heads for Brussels on Thursday. She will also hope that ministers might now cease giving mixed signals about how they view the phase one agreement.

Because the weekend comments belie a bigger problem. There are many within Mrs May’s cabinet and party who are unhappy with the events of last week.

They remain relatively quiet because they know it was crucial to get to phase two talks. And to help ease their concerns, they are putting a variety of interpretations on the deal. Many are looking to more hardline Brexiteers such as Mr Gove and Mr Davis to assure them that their vision of Brexit is not lost.

The next job for the British cabinet is to form a vision of exactly what type of Brexit it wants. 

That discussion is expected to at least start on 19 December. Expect the days after that meeting to produce yet more contradictory views.