His comments come after the publication of the Government’s legal advice on Wednesday, which said “international law and protocol would endure indefinitely” if the backstop was activated. Mr Moore claimed that this means the backstop is “potentially permanent” and contradicts what the Prime Minister promised she would deliver. He said: “The backstop – whatever is being argued – is permanent, or potentially permanent and is an annexation of part of our country.”
He added: “It does exactly what Mrs May said she wouldn’t allow, which is to put a border down the Irish Sea.
“It’s absolutely way out of order and it’s not making us free to control our own borders and make our own laws, which is what she was promising all the time.
“So how could you possibly support it if you believe in Brexit?”
Charles Moore is the former editor of The Daily Telegraph, The Sunday Telegraph and The Spectator.
Since the publication of the legal advice, Brexiteers have been vindicated in their suspicions that the UK would be locked in the backstop and tied to the EU if it were ever triggered.
Mr Moore also pointed out that he was only Brexiteer on the panel, accusing the BBC of being biased on the subject.
He said, sarcastically: “One of the amazing things that the BBC manages in its unbiased approach is – here we are, five people on the panel and one one of them is pro-Brexit and that’s me.
“And that’s a very usual balance on the BBC.”
Both host David Dimbleby and the other panellists staunchly rejected his claim, particularly Jill Rutter from the Institute for Government who retorted that she is independent on the matter.
She said: “No Charles, absolutely not, we take no view on Brexit at all.”
Mr Dimbleby pointed out that Communities Secretary James Brokenshire is part of a Government negotiating Brexit.
He said: “Just before you attack the BBC in your perineal, even diurnal way, James Brokenshire is part of a Government pursuing Brexit.”
Mr Moore then clarified that everyone else on the panel came from a Remain point of view in the 2016 referendum.