Article 50, Brexit, British Government, Irish border, Northern Ireland, Theresa May

There is Only One #Brexit Question: The Irish Question

May FosterBrexit, all comes down to this: The Irish Question.

As on so many other occasions over the past 200 years, the English, and it is mainly the English, do not know to handle the existential problems that Ireland creates for UK politics.

As we have done previously in this Briefing, it is well to remind ourselves that the UK voted to leave the EU. It was not pushed out, expelled or asked to leave. It decided to leave, and UK Prime Minister, Theresa May, determined, fairly much on her own it seems, that leaving meant leaving the single market, the customs union, the jurisdiction of the European Court and ending the free movement of people. The problems of Brexit are entirely of the UK’s making.

The EU didn’t start the fire.

Despite initial shock and deep disappointment, the EU has never sought to challenge the decision of the UK to leave. It accepted the decision and told the UK that its departure would have to be dealt with in accordance with Article 50 (A50) of the Lisbon Treaty. The key language in A50 reads:

In the light of the guidelines provided by the European Council, the Union shall negotiate and conclude an agreement with that State, setting out the arrangements for its withdrawal, taking account of the framework for its future relationship with the Union. Continue reading

Brexit, British Government, Brussels, GDPR, Labour Law, Michel Barnier, Theresa May

The @GovUk #Brexit White Paper: More Questions than Answers

This blogpost was written on Friday, July 13th, 2018 

WHIf it worked once it will work again. That seems to be Theresa May’s approach to the Brexit negotiations, judging by the White Paper The Future Relationship Between The UK And The EU, published on Thursday. Back in 2012 when she was Home Secretary, using protocol 36 of the Lisbon Treaty, May opted-out en bloc from all the police and criminal justice measures adopted under the Maastricht Treaty before the EU court of justice in Luxembourg took over jurisdiction of them under Lisbon.

She then proceeded to opt back in to all of the measures she liked but was able to claim, to assuage die-hard anti-European Court Tory backbenchers, that she had opted-out.

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Article 50, Brexit, British Government, Theresa May

#Brexit Will Not End Well… or…Brits need to realise: the #EU is just not that into you

This blog was written on June 12th 2018

Lemass DeGaulle
Lemass with De Gaulle in 1962

In the blizzard of policy statements, position papers, press conferences and parliamentary debates it is crucial to keep one fact in mind: the UK is leaving the EU on March 29th, 2019, unless the UK parliament votes to withdraw the Article 50 notice. Given the views expressed by the Conservative government and the opposition Labour Party this seems unlikely to happen. But never say never.

 

As matters stand, on March 29th, 2019, the UK will become a “third country”, outside of the EU institutions and legal framework. That there may be a transition period until the end of December 2020, with the UK de facto following all EU laws but without a voice in the EU governance structures, does not change the fact that on March 30th, 2019, the UK will have left the EU. Everything else is nothing more than dealing with the consequences of that exit. Damage limitation at best.

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Brexit, British Government, Conservative Party, Negotiating, Northern Ireland

Dick Barton Word Games Don’t Work on #Brexit

This blog was written on May 21 2018

dick-barton1Between 1946 and 1951, BBC radio aired a popular thriller, Dick Barton – Special Agent. The serial followed the adventures of ex-Commando Captain Richard Barton who, with his mates Jock Anderson and Snowy White, solved all sorts of crimes, escaped from dangerous situations, and saved Britain from disaster time and again.

It gave rise to a popular catchphrase of the late 1940s “With one bound Dick was free!” No matter how dangerous the cliffhanging situation Dick found himself in at the end of each episode, he would always escape by the easiest and most completely implausible method, ready to face danger yet again.

It seems that the UK government believes that it has found a “Dick Barton” escape from the troubles by which it is beset on all sides by Brexit.

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Article 50, Brexit, British Government, Conservative Party, Irish border, Northern Ireland, Theresa May

They Paved Paradise and Put Up a Parking Lot #Brexit #BrexitShambles

This week’s blog was written on May 8, 2018
borisAs of today, May 8th, the day after a long, hot, holiday weekend, it is difficult to see Brexit ending well.

It is difficult to see how it even makes it to March 29th, 2019, the date on which the UK is due to leave the EU, with, it hopes, a signed Withdrawal Agreement providing for an orderly exit.

The fault for this state of affairs lies not with the EU but with the UK itself and particularly with the UK government.

Close to two years after the June 2016 referendum, thirteen months after informing the EU that it planned to leave, and with just over 10 months before it actually does leave, the UK cabinet is still debating the nature of the future trading relationship it wants with the EU.

Debating is too kind a word. Hand-to-hand, combat to the death between different factions more correctly describes it.

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Brexit, British Government, David Davis, Irish border, Michel Barnier, Negotiating, Theresa May

#Brexit and the Ideology of Angloism

This blog was written on Monday April 30th, 2018

Hammond BoJoYou can only understand Brexit if you understand that Brexit is not a rational economic calculation but is instead an ideology.

An ideology that can best be described, for want of a more elegant word, as “Angloism”. Angloism is a deep-seated set of beliefs with three main threads.

First, it holds that in joining the old Common Market the UK lost its sovereignty, the ability to take its own political decisions. This loss to the EU is seen by many Brexiteers as a betrayal of centuries of English tradition, of government through the “Crown in Parliament”. “Taking back Control” was about returning to this perceived happy state of affairs.

Secondly, it argues that the UK in general, but England in particular, is fundamentally different from mainland Europe. Its legal system is based on the common law, not the Napoleonic Code. Its economy is liberal and individualist, not corporatist and collectivist. And, not to be underestimated, its religions values are Protestant, not Catholic. Continue reading

Brexit, British Government, Irish border, Northern Ireland, Theresa May

#Brexit – Charging on…

Written on Monday April 9th 2018

LightThere is an old Chinese saying that you should always give your enemy a “golden bridge over which to retreat”. After the battle, you may need to negotiate terms with the other party and a bruised, battered and bitter enemy can makes for a bad negotiating partner.

Over many years involved in labour negotiations, I have also found that it is a wise negotiator who ensures that a golden bridge is available in case their initial plan does not work. This is known as having a Plan B. A necessary precaution for, to paraphrase Mick Tyson, “Everyone has a plan A until they get punched in the face”.

Sometimes, however, you can be faced with another party who seems determined to burn all bridges behind them or, at the very least, to pack them with enough explosives that they can be detonated at any time. For such parties, Plan A must be the only plan for if there is no way back, no Plan B, all they can do is to stand and fight, or push forward.

Call this the Charge of the Light Brigade stratagem and it usually results in disaster.

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