Article 50, Boris Johnson, Brexit, Customs Union, Michel Barnier, Single Market

Britain in a Brexit “Black Hole”

This blogpost was written on Sunday morning March 31st 2019.

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Today, Sunday, March 31st, two days after the UK should have the left the European Union, it appears to have fallen into a Brexit “Black Hole”, unable to leave on agreed terms but also not wanting to leave with “no deal”.

This is what happens when you run a referendum on something as open-ended as “Let’s leave the EU” without having any idea what that might mean in practice. Triggering the two year’s Art50 notice was, as we have written before, like selling the house and agreeing a quit date without having decided beforehand as a family where you are going to live in the future.

At best, you might end up renting your old house back from the new owner. At worst, you find yourself out on the street, homeless. No matter what you decide, your end state will be worse than where you are now. No wonder the family can’t agree on anything.

Following Friday’s vote in the House of Commons which saw the Withdrawal Agreement negotiated between the EU and the UK again defeated, this time by 344 votes to 286, the UK is now scheduled to leave the EU on April 12th without an agreement.

A no-deal Brexit looms. Were this to happen then, from April 13th, the UK would be completely outside the scope of EU law, with all that that implies.

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Article 50, Brexit, British Government, Michel Barnier, Northern Ireland

Now Impossible to See How a UK/EU Deal on #Brexit is Doable

 This blogpost was written on Tuesday Oct 23rd, 2018

commons

After Theresa May’s statement yesterday to the House of Commons, it seems more likely than ever that we are heading for a no-deal Brexit. Fast.

May effectively repudiated Article 49, the so-called “Irish backstop”, in last December’s Joint Report from EU and UK negotiators to Europe’s political leaders. It was this report which allowed the Brexit talks to move on. The EU will not accept the UK reneging on a clear undertaking, especially as the UK is trying to leverage talks on the Irish backstop to force the pace on its future economic relationship with the EU. (For a full history of the backstop see Tony Connelly here).

Nothing destroys a negotiation more quickly than when one of the parties is seen by the other as acting in bad faith. Renege on a commitment and all trust is gone. May with her Commons statement might have seen off a simmering rebellion in the Tory party over her leadership, but at the cost of breaking faith with the EU.

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Brexit, Michel Barnier, Negotiating, Rees Mogg, Theresa May

Deadlock on #Brexit

This blog was written on saturday morning, Sept 29th 2018, 

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I completely agree with Jacob Rees-Mogg. There’s a sentence I never thought I’d write.

Actually, to be more accurate, Rees-Mogg agrees with me. Some weeks ago I wrote a Briefing, The Politics of Hard Numbers, here, in which I argued that there was no majority in the House of Commons for any Brexit deal.

In an article in Saturday’s Daily Telegraph Rees-Mogg argues, as regards Theresa May’s Chequers plan, that the EU:

“…has been so clear that the plan fails to meet its requirements that it is hard to see that it could change tack without a new chief negotiator.”

More critically, he notes:

The domestic opposition is even more important because, although our system provides for a powerful executive, ultimately laws need the support of the House of Commons, which Chequers cannot get. Indeed, if put forward it could be heavily defeated with no direct consequence for the Government.

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Brexit, British Government, Michel Barnier, Negotiating, Theresa May

A Bad Week for Theresa May on #Brexit in #Salzburg

Salzburg Dinner
Pic: Getty Images via BBC website

This blog was written on Sept 21st, 2018

In our Brexit Briefing last Tuesday (here) I wrote:

“So, how will Brexit end up?”, they ask. My answer is that I have no idea. I have been following Brexit developments in detail over the past two years and have written some 60 or so of these Briefings. Yet, I have absolutely no idea of what is going to happen between now and March 29th next year. Quite frankly, neither does anyone else.

What happened yesterday in Salzburg, when the EU brutally said that Mrs. May’s Chequers plan was unacceptable and would not work underscores the truth of this statement.

In the run-up to Salzburg it had been widely reported, especially in the UK press, that Mrs. May would use the occasion to appeal to the EU’s political leaders to go over the head of the “Brussels theologians” and show more flexibility in accommodating UK demands to be both in and out of the EU’s single market and customs union at the same time. “In” so as to ensure continued frictionless trade in goods between the UK and the EU so preserving the UK as the European off-shore manufacturing base for US, Japanese and, in the future, Chinese companies.

“Out” for services allowing the UK to cut buccaneering trade deals, with which a swath of UK politicians have an ideological obsession, with non-EU countries.

(For the arguments on why this approach was never going to work see this excellent article by former Irish ambassador, Bobby McDonagh: here)

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Brexit, Conservative Party, Michel Barnier, Negotiating, UK Labour Party

Chucking Chequers and #Brexit… there are just too many ‘unknown unknowns’ in play

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Michael Gove with Andrew Marr (Photo via Jeff Overs/BBC/PA Wire)

I took the last week off to spend a few days outside Chatal, on the west coast of France. But even there, there was no escaping Brexit.

It is important to understand that Europeans are not obsessed with Brexit in the same way as people are in the UK. Talking to people in France, Belgium or Spain over the past few months leaves you with the impression that most people think the UK is “nuts” or “mad” to leave the EU. But they also believe that the UK never really wanted to be part of “Europe” in the first place, so, goodbye to them.

Nevertheless, quite often when people in France, Belgium or Spain hear you speak English they ask you “What do you think of Brexit?” My first response is to tell them that I am Irish, not English.

It’s amazing the difference that little sentence makes. Any suggestion of hostility immediately disappears as they begin to tell you about a fishing trip they once took on the Shannon or their cycling tour of Connemara.  When they were much younger, of course.

“So, how will Brexit end up?”, they ask. My answer is that I have no idea. I have been following Brexit developments in detail over the past two years and have written some 60 or so of these Briefings. Yet, I have absolutely no idea of what is going to happen between now and March 29th next year. Quite frankly, neither does anyone else.

There are just too many “unknown unknowns” in play, political molecules bouncing around, crashing into one another, producing unintended effects.

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Brexit, British Government, Conservative Party, Michel Barnier, Theresa May

PM May middling on #Brexit: Mogg-ists to the Right of Her, Boles-ists to the Left

This Brexit Blog was written on Sept 3rd, 2018

 

Mogg May Boles

After another week of negotiations between the EU and the UK we are no further along. If anything, things have gone backwards. To coin a phrase, we are in for a long, hot winter.

As we wrote in last week’s BEERG Brexit Briefing, the real issue for the immediate future remains the “politics of hard numbers” in the UK House of Commons. Of course, the UK government and the EU are working to finalise the Withdrawal Agreement by the end of this year at the latest, the October deadline having slipped, however, as any decent trade union negotiator will tell you, there is not much point in coming back with an agreement if the members are in no mind to accept it.

Sometimes the mood is just ugly and it can take a strike to break the logjam.

If the 60, or so, Conservative Party, Moggite, “vote against anything”, ultra-Brexiteers oppose whatever Withdrawal Agreement Prime Minister Theresa May reaches with the EU then she simply doesn’t have the votes to get it through the Commons.

The Moggists are now campaigning under the rubric “Chuck Chequers” the plan on which May still places all her Brexit bets, even after the EU has said no.

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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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