Article 50, Brexit, British Government, Irish border, Negotiating

Breaking up is so very hard to do #brexit

Brexit4Over the past number of years, I have been involved, on the management side, in many European-level labour negotiations. But one particularly comes to mind.

The employees’ representatives on the other side had cancelled an agreement that had been in place for close on 20 years. It wasn’t a perfect agreement, it had drawbacks for both parties, but it worked reasonably well in practice.

Further, it was always possible to negotiate small, but important, changes to the agreement as circumstances evolved, old provisions became outdated and new issues and organisational changes needed to be taken into consideration.

In other words, the other side did not need to cancel the agreement but could, instead, have worked on improving it. But they were advised that negotiating a new agreement would be easy and that it would be a lot better than what they then had. Five years on, a replacement is not yet in place.

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Brexit, Negotiating, Theresa May, UK Labour Party

“Plan for the Worst: Hope for the Best” – the Fading Hope of #Brexit Deal

Posted on Friday, Oct 6th 2017:

4221396001_5597581765001_5597568337001-vsThe major party conferences have come and gone and still we are no wiser as to how Brexit is going to unfold. As we noted in last week’s Briefing, the Labour Party’s policy appears to be that they will deliver Brexit, but a Labour Brexit, not a Tory Brexit, whatever that means. Brexit is Brexit and Brexit means being outside the European Union (EU), the single market and the customs union.

However, Labour is in opposition and, so, for the moment what it says is important but nowhere near as important as what the Conservative government says, as it is charged with negotiating the Brexit arrangements with the EU. Whether it can get whatever deal it negotiates, if any, through Parliament, especially the House of Lords, is another matter.

This week’s Conservative Party conference was dominated by three issues:

  1. Brexit;
  2. Who is going to succeed Theresa May as Conservative leader, and when;
  3. and Labour leader, Jeremy Corbyn.

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Article 50, Brexit, British Government

“Repeal and Replace”: Difficult to do on both sides of the Atlantic #Brexit

Written Sunday September 3rd 2017:

Capture“Repeal and replace” makes for a great political slogan. For Republicans in the US, who minted the phrase, it meant repealing and replacing the Affordable Care Act (“Obamacare”). In January of this year, President Trump told ABC news that “he wanted “good coverage at much less cost” and “a much better healthcare plan at much less money.” Over recent months President Trump has found that while “repealing” might possibly be easy, replacing is a lot harder. To date, the Act has been neither repealed nor replaced.

Now, Brexiters in the UK never used the phrase “repeal and replace”, but that is what they meant.

“Repeal” the UK’s membership of the European Union and “replace” it with a relationship with the EU at much less cost and with much better benefits.

That is, in effect, the prospectus they offered the people of the UK. As Boris Johnson, now the Foreign Secretary, put it, the UK “could have its cake and eat it”.

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Brexit, British Government, Negotiating, UK Labour Party

#BREXIT: All Changed, Changed Utterly

Written on August 28th 2017:

Commenting on the Irish insurrection against the UK in 1916, the poet W.B. Yeats penned the words:

All is changed, changed utterly
A terrible beauty is born

StarmerThe announcement on Sunday August 27, by way of an article in The Observer, that the Labour Party now backed a transition arrangement for the UK after it leaves the EU in March 2019 changes everything, utterly.

Writing in The Observer, Keir Starmer (photo), the Labour spokesperson on Brexit said:

Labour would seek a transitional deal that maintains the same basic terms that we currently enjoy with the EU. That means we would seek to remain in a customs union with the EU and within the single market during this period. It means we would abide by the common rules of both.

If Labour can push this through it restores for business the vital prospect of greater stability in trading terms with the EU and labour market free movement for at least 3 or 4 years ahead.

How this is to be achieved is not stated but if it involves the complete acceptance of all EU rules, including free movement and the jurisdiction of the European Court of Justice, then finding a way to do this should not be that difficult. The full article can be found here. Presumably, Labour also accepts that after 2019 the UK will no longer have any involvement in EU governance, no commissioner, no MEPs and no European court judge.

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Brexit, British Government, Brussels, Negotiating

The Impossibility of a Peter Pan #Brexit

This was written on August 14th, 2017

“Take care, lest an adventure is now offered you, which, if accepted, will plunge you in deepest woe.”                                                                                                         J.M. Barrie

This will not end well for the simple reason that it is impossible for it to end well. When you promise the impossible it is impossible for it to end well.

The current UK Conservative government has led the British people to believe that leaving the European Union (EU) will come at no economic cost and that UK citizens will be able to trade with, and travel to, EU countries much as they can now. Brexit has been defined as the UK exclusively controlling its borders and immigration, walking away from the jurisdiction of the Court of Justice of the European Union (CJEU), ending payments to the EU for membership of the bloc, and being free to negotiate its own trade deals with non-EU countries. After Brexit, the UK will be outside the EU’s single market and customs union.

But, the narrative continues, the UK will be able to replicate all the benefits of the single market and the customs union through a “bold and ambitious” trade agreement with the EU.

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Brexit, British Government, Data transfers

The UK, Data Protection and #Brexit

Written August 9th 2017

gdpr-euroThis week, the UK government published details of its Data Protection Bill which will enshrine the EU’s General Data Protection Regulations (GDPR) into UK law (here).

The new legislation will become effective in May 2018, when the GDPR comes into force across Europe. The potential penalties for breaching the new data law are severe: up to 4% of global turnover or €20m, whichever is the greater. The EU recently hit Google with a fine of €2.4 billion over alleged market dominance abuse, so national data regulators won’t be shy of imposing big fines on companies that break the new laws.

Unfortunately, the documents published by the UK government with the announcement of the new Bill has precious little to say about Brexit and data flows. The only real reference reads:

“Unhindered flow of data, therefore, is essential to the UK forging its own path as an ambitious trading partner. That is why the government will be seeking to ensure that data flows between the UK and the EU, and also appropriately between the UK and third countries and international organisations, remain uninterrupted after the UK’s exit from the EU. Cooperation with the UK’s law enforcement and security partners, both in Europe and beyond, will also remain a priority.”

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Brexit, British Government, Brussels, Negotiating

We are no nearer to knowing the future of #Brexit

Written July 27th 2017.

downloadAnother week and we are no clearer as to what is going to happen. Last weekend the UK newspapers were filled with stories that the government had come to a consensus that a “transition” or “implementation” phase would be needed after March 2019, when the UK is scheduled to leave the European Union. The only disagreement between government ministers appears to be over the length of such a transition. Should it be two, three or four years?

But agreeing to a “transition” is a bit like agreeing to go on a “journey”. It says nothing about where you are starting from or where you are going to end up. After two rounds of negotiations between the EU and the UK we are no wiser as to how matters may unfold.

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