Brexit

Boris Johnson failed to break the Brexit negotiations deadlock over dinner with European Commission president Ursula von der Leyen last night. But while the continuation of talks suggest that neither side favours no deal, something needs to give if a deal is to be reached. It's here that Germany holds the key. France appears to be the major obstacle to a deal, particularly over fisheries, but also over the level-playing field. France and the UK have similar-sized and structured economies; both are major military powers and maritime nations. Paris is more likely than Frankfurt to threaten London’s crown.  But Germany – the ever-pragmatic manufacturing titan of the EU – will be the final arbiter of any decision.

It really is crunch time. The international game of Texas Hold’em is reaching its climax. The lesser players have folded. Only two high-rollers remain at the table. Beads of sweat are appearing on their brows. Each is feeling for a lucky charm discreetly held in a side-pocket, and each is scouring the other's eyes for signs of fear or uncertainty. The turn of a card will determine the outcome. This is the position as Boris prepares for tonight’s summit feast with Ursula von der Leyen. At PMQs, he was confronted by Sir Keir Starmer who appeared via video-link from his Camden home. Labour’s spin-team missed a golden opportunity here.

The mood music on Brexit talks may be rather gloomy but there are signs suggesting progress is still being made. As well as an agreement in principle on all the outstanding issues in the Northern Ireland protocol, a date has been set for Boris Johnson's meeting with Ursula von der Leyen. The Prime Minister will travel to Brussels on Wednesday for dinner with the European Commission president. Is this a crunch meeting? The strong suggestion from the UK side is no. Instead, it's being billed as a 'continuing process' of talks, and the idea of it leading to a firm decision on the shape of a deal – or a decision to go for no deal – is being played down. No.

The upshot of Boris Johnson and Ursula von der Leyen’s conversation this evening is that the pair will meet in Brussels in the ‘coming days’ to see if they can resolve the remaining ‘significant differences’ on the level playing field, governance and fish. Presumably this meeting will take place before the European Council on Thursday. Johnson and von der Leyen are being left with a lot to resolve in their summit. This isn’t going to be simply about finding a compromise on fish but on sorting the three issues that have bedevilled the negotiations from the start.

Boris Johnson's internal market bill is back in the House of Lords next week, but will peers let it through?  The bill gives the government an express power (a written one in a statute) to break an international treaty. The Lords do not like that the government might break a specific treaty. Where you stand on those are political, not legal questions — so not for a lawyer like me to answer. But what is for law, is to firstly recognise (whether peers like it or not) that the power to break a treaty, does exist. Think of it like a physical thing; it is in our constitution and we’ve lost track of exactly where it is. We let the EU use it for us. But we know it is there. It is in the EU’s constitution, via a court case.

That France was the country to throw a grenade threatening to blow up the UK-EU trade talks just as they were about to pass the finish line, does not come as a surprise to seasoned euro-watchers. No other EU member would so brazenly promote its own domestic self-interest at the cost to other EU members such as Germany and Ireland. To the British it has echoes of de Gaulle saying ‘non’, when vetoing the UK’s first attempts to join the Common Market. Many of the EU’s problems and (in my view) the ultimate reason Brexit happened, is down to a fundamental cause that is little remarked on in the UK.

Peter Mandelson's remainer credentials are impeccable. He is a former European Commissioner who helped run Britain Stronger In and then the People’s Vote (PV) campaign. He is as committed and eloquent a champion of EU membership as you’ll find. Which makes his Brexit intervention in the Guardian so important: All the new benefits from every global trade deal we could ever aspire to will not begin to equal the size of our present European trade. This is the price we will pay for the triumph of hardline Tory Brexiters over those with a stronger sense of national interest in their party.