Article 50, Brexit, British Government, Negotiating, Theresa May

Six Specific #Brexit Thoughts on a Summer’s Day

This blog was written on Monday July 30th.

cropped-raab-1.jpgIt was a Brexit week in which not much happened, except for the small matter of the EU’s chief negotiator, Michael Barnier, telling the new UK Brexit Secretary, Dominic Raab, that a key proposition in Theresa May’s Chequers plan would never be accepted by the EU.

You know the proposition, I’m referring to. The one where the UK says to the EU we’re leaving because we never liked you and you are holding us back; we are setting up as a rival business and we are going to do our own deals with the people you already have deals with or are doing deals with. But would it be OK if we collected monies owed to you by these guys? We promise, we’ll be honest and pass it on to you. All of it, every euro.

To nobody’s surprise, Barnier politely declined the UK’s offer. The UK is now working on plan E or F, not sure which.

I started writing about Brexit a year or so ago in response to questions I was being asked by the multinational companies we deal with. I have learnt a lot in that time, not just about Brexit but about British politics and about the EU, and about the almost complete lack of understanding of the EU, what drives it and how it works, on the part of the UK political class and commentariat.

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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, Single Market, Theresa May

No “hokey-cokey” #Brexit… there is only one #SingleMarket

ChequersAs I write, Friday morning, July 6th, the UK’s faction-ridden cabinet is gathering at Chequers, the Prime Minister’s country residence (Pic), to try to finally trash out an agreed UK proposal to the EU over the direction of travel of the future trading and economic relationship between the UK and the EU after Brexit.

What the prime minister wants the cabinet to endorse appears to be a package of customs union and single market membership for goods, but not for services. The EU has already clearly signalled that it will reject any such proposal.

The clue is in the word “single”, as Chris Grey explains in this blog post: here. Let’s go further than Chris. How would you decide which companies fall within the definition of “goods” and which within “services”?

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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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Article 50, Brexit, Conservative Party, Theresa May

On #Brexit: You can have the politics or the economics; but you can’t have both

This blogpost was written on May 14th 2018

thatcher-Delors
Margaret Thatcher and Jacques Delors, London 1989

It is increasingly difficult to see any way in which Brexit ends well. The reason is simple: The UK wants what it can’t have. It asks for two incompatible things.

  • It wants to be leave the EU and take back control over its money, borders, laws and trade policy so as to be able to say that it is a completely sovereign country, beholden to no one.
  • But it also wants to continue to trade with the EU in the frictionless manner that it does today so that it will suffer no economic damage as a result of leaving.

As we have repeatedly noted in this Briefing, it wants all the benefits of the customs union and the single market, but without the obligations and restraints that come with those benefits.

Throughout the process the position of the EU has been clear. In accordance with Article 50 of the Treaty it says the UK is free to leave the EU. The very fact that a country can leave the EU shows that sovereignty was never lost. Only a sovereign country can quit an organisation like the EU. Is California or Arizona free to leave the United States? A civil war says no.

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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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