Brexit, Data transfers, Employment law, Michel Barnier, Negotiating, Trade Deals

Brexit and Magical Thinking

cropped-barnier-and-frost2.jpgBrexit, like employee relations, politics and much else in life, is all too often driven by magical thinking. Magical thinking is the belief that there is a formula, a magic formula that, if it only can be found, will allow all sides to have all they want, all of the time.  It is only ill-will and bad faith on the part of some that gets in the way of the formula being found.

Magical thinking believes that hard choices do not have to be made, that tough decisions on resource allocation can be avoided. Conflict arises from a lack of communication. If only we “listened” more to one another a way forward could be found. It refuses to accept that what you want and what I want may simply be incompatible. Everything can be “aligned” if we just believe and work hard enough. It is at the heart of the belief that there is a “win/win” solution to every problem.

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Backstop, Boris Johnson, Brexit, Employment law, Labour Law

Deregulation is the beating heart of #Brexit.

This blogpost was written on Sunday Oct 27th

Delors TUC Conference

With each passing day it becomes clearer and clearer that Brexit is not just about the UK leaving the European Union. The real debate, often hidden but which breaks through into the light every so often, is around what sort of society the UK wants to become and what sort of economic model it wants to pursue if and when it does leave the EU.

Now, for those with eyes to see, there are hints in Withdrawal Agreement currently before parliament as to how Johnson’s Conservative Party plans the future. “Singapore-upon-Thames” it is.

A week ago, Saturday morning, October 19, Johnson opened a Commons debate on the new agreement he had just negotiated with Brussels. Initially, the deal was seen as little different from the one that Theresa May, the former prime minister, had laboriously worked out over the past two years, though with two major differences.

First, the all-UK backstop, which would have seen the UK stay in a customs union with the EU at the end of the transition period if a trade agreement had not been negotiated by then, was dropped in favour of a Northern Ireland-only “frontstop”.

De facto, the “frontstop” would see Northern Ireland remain in the EU’s custom union and single market, though single market membership would be limited to goods and not services. (The question of how you differentiate between goods and services in a modern, digital economy has yet to be answered). Continue reading

Brexit, British Government, Employment law, Negotiating, Theresa May

Has the UK “led the way” on Workers’ Rights? The honest answer is: No

This blogpost was written on Saturday March 9th, 2019

may-in-grimsby.png

Speaking in Grimsby on Friday, March 8, the UK Prime Minister, Theresa May, said:

We have also committed to protecting the rights and standards currently set at the EU level – from workers’ rights to environmental protections.

Brexit will not be a race to the bottom. In fact, in most of these areas the UK has led the way, ahead of the EU. And this week we have said that if the EU expands workers’ rights, we will debate those measures in Parliament and decide if we want to follow suit.

…But we will not tie ourselves in automatically to follow EU changes without Parliament having its say.

That would mean weakening workers’ rights if the EU ever chose to do so. And it would not be taking back control. The UK has led the way in the EU, and we will lead the way outside it.

To put it at its mildest, this is simply not true.

The UK has consistently opposed and sought to water down proposals for EU employment and social law more or less stretching back to the start of its EU membership in the 1970s. Back in those days, with Labour in government, and the trade unions and the Left within the party hostile to the then European Community (EC), seeing it as a “capitalist club”, the UK blocked moves on “industrial democracy” proposals because their adoption might undermine the workplace position of the then dominant trade unions.

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