Is the backstop vulnerable to challenge under human rights law?
The most contentious part of Theresa May’s Brexit deal are the Northern Ireland specific provisions of the backstop. These would see various EU rules and regulations apply in Northern Ireland even after the UK has left the EU. If they came into force, they would create—in some areas—a kind of regulatory border in the Irish Sea. But, as I say in The Sun this morning, these provisions might be illegal under European Human Rights law. A case in 1999 brought against the UK government, the Matthews case, at the European Court of Human Rights established that people have a right to vote in elections to the parliaments that set their