Brexit, British Government, Brussels, Conservative Party, Negotiating

Can there be a deal with no transition extension?

It is perhaps appropriate that, in these far from normal times, that this BEERG Brexit Briefing is longer and more detailed than normal. The reason relates directly to the complexity of the question which I pose and then attempt to answer as comprehensively as possible: if there is no Brexit transition phase then can there be a deal? 

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Introduction:

There will be no request from the UK to extend transition beyond the end of 2020. Nor will a deal be in place by then on the future relationship between the EU and the UK. On December 31 next, the UK will leave the EU’s single market, customs union, and associated agreements and protocols. It will be a “third country” outside the EU’s legal order. The fallout will not be pleasant. The politics will be ugly.

This is where the logic of Brexit leads and “Hard Brexit” politicians are now dominant in the UK.

Brexiteers believe that the UK, no matter what the circumstances, will always be better off out of the EU than in. For them, quite simply, the EU has nothing to offer the UK. Only this disdain for all things European can explain the failure of the UK to join the EU program scheme to bulk-buy PPE earlier this year  . The “my dog ate the email” excuse (and others) proffered by ministers simply fails to stand up.

December 31 next cannot come quickly enough for Brexiteers, the economic disruption from Covid-19 notwithstanding. They want to be able to wake up on January 1, 2021 and say: “Free at last, free at last, thank God almighty, we’re free at last”.

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Boris Johnson, Brexit, British Government, Brussels

#Brexit: Breaking Bad

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Brexit is breaking bad. There are no grounds for thinking that there will be any deal between the EU and the UK concluded before the end of this year. Businesses and individuals would be well advised to prepare for a situation where trade between the UK and the EU is conducted from January 2021 onwards on minimalist World Trade Organization (WTO) terms, with all that will mean for border delays, paperwork and new bureaucracies.

All those other areas of life that are dependent on EU/UK agreements, such as air and road transport, data transfers, business travel, tourism and countless others will be dealt with by stop-gap measures, if at all. Google has already decided to move all its UK users data to the US. The chances of the UK getting an “data adequacy” decision from the EU recedes by the day. Continue reading

Backstop, Boris Johnson, Brexit, Brussels, Trade Deals

#Brexit and the Wider World (Part 3 of 3)

This Blogpost was written on Sunday Sept 22nd, 2019

Liz-Truss-in-Sydney

Simon Nixon, in a recent column in the Times, draws attention to a passage about the European Union in David Cameron’s memoirs. In trying to persuade Boris Johnson to back Remain, the former Prime Minister writes that “Boris had become fixated on whether we could pass legislation that said UK law was ultimately supreme over EU law”.

Cameron sent Sir Oliver Letwin on a “nightmare round of shuttle diplomacy” between Mr Johnson and the government’s lawyers to see if a way could be found to address his concerns by domestic legislation.

“But those lawyers were determined to defend the purity of European law and kept watering down the wording … Our officials were determined to play by the rules.”

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Brexit, British Government, Brussels, Michel Barnier, Negotiating

#Brexit: Dealing with the EU (Part 2 of a series of 3 blogposts)

This Blogpost was wrtitten on Monday Sept 16th

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As we wrote last week, it seems to us that if the UK was to “make Brexit work” three things were of fundamental importance.

  1. The government needed to develop a consensus in the UK about what Brexit meant, some form of widely-shared vision of what the UK outside the EU should look like.
  2. Resulting from one, negotiate a future deal with the EU that would minimise the impact of withdrawal on the UK economy and provide for a “good neighbour” relationship for the future
  3. Hope that geopolitical developments across the globe would fall favourable for a UK out of the EU, facilitating the conclusion of new trade deals which would open new export markets.

In last week’s BEERG Brexit Briefing we examined the failure of, first, Theresa May, and now Boris Johnson to attempt to build any consensus in the UK around what Brexit should mean in practice and how this lack of consensus was adversely impacting the UK’s discussions with the EU.

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Article 50, Brexit, Brussels, Conservative Party, Rees Mogg, Theresa May, UK Labour Party

No point giving UK more time to just “kick the can around” on #Brexit?

This blog was written on Saturday morning, April 6thMay_Donald Tusk

 

Next Friday, the UK is due to leave the European Union, with or without a deal. As I write these words, and having been a close observer of Brexit for quite some time now, I have no idea how the coming week will play out.

Last Friday morning the UK Prime Minister, Theresa May, wrote to Donald Tusk, at the EU Council, to ask that the leave date be pushed back until June 30th. She says that this would allow time for her government to complete talks with the opposition Labour Party about an agreed way forward on Brexit and for the necessary legislation to be put through parliament.

She acknowledged that this date would require the UK to participate in European Parliament elections in May but she hoped that the Withdrawal Agreement would be through the House of Commons before May 22 allowing the UK to cancel its participation in the elections at the last minute. In other words, “Can we screw about with your elections. They are not that important, after all, are they?”

However, by Friday evening the talks with the Labour Party appear to have collapsed. Rather than seeking a compromise, it seems that May’s representatives spent their time with the Labour team trying to “educate” them in just how good the Withdrawal Agreement was and why they should back it.

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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, Brussels, Michel Barnier, Negotiating, Theresa May

You Can’t Always Get What You Want #Brexit

Written on Sunday December 17, 2017

Hammond BoJoOn Friday (Dec 15), the EU Council agreed that “sufficient progress” had been made to date to allow the exit talks between the EU and the UK to be expanded to include discussions on the “framework” of the future relationship between the UK and the EU.

This BEERG Brexit Briefing argues that, just as the EU dictated terms in phase 1, it will continue to dictate terms as the process continues because both the dynamics of the process and the hard economic realities favour the EU.

Why? Because as the Dubliners of my youth would have put it: “Beggars can’t be choosers”. In EU terms, it is the UK, and not the EU, that is the “demandeur” and demandeurs “can’t always get what they want”.

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