Brexit, Data transfers, GDPR, Michel Barnier, Negotiating

Saying things in such a way that make a deal impossible

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When I started to write this piece yesterday, I opened it with the following paragraph:

As I write this on Saturday, October 17, I have no idea whether there will be a trade deal between the EU and the UK. I do not know if talks between the two on such a deal are genuinely over. It is not clear if the discussions between the two lead negotiators, Frost and Barnier, scheduled for London this week, will actually go ahead or remain cancelled, after Frost told Barnier on Friday night not to bother turning up unless he had a new offer to make to the UK.

The next morning, Sunday, I read Michael Gove’s article in the Sunday Times. In it Gove accuses the European Union of trying to ‘tie our hands indefinitely’ as he claims the UK has ‘no choice’ but to prepare for a no trade deal split from the bloc at the end of the year.

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Boris Johnson, Brexit, British Government, Data transfers, Michel Barnier

Brexit No Deal still looks likely

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A week or so ago, I came across this tweet from Simon Fraser, whose Twitter profile says: “Managing Partner Flint Global. Vice Chair Chatham House. Was Perm Sec UK Foreign Office & Business Dept & Chief of Staff EU Trade Commissioner.” A person, therefore, of some considerable substance and experience.

A good moment, after downbeat official comment on the latest #Brexit talks, to remind ourselves just how extraordinary a failure of successive governments it will be if UK leaves EU after four and a half years of negotiation with no agreement on the future relationship.

Which prompts the question: was an agreement ever possible? Or was Brexit always framed in such a way that for Brexiteers “no deal” was always the only “true Brexit”?

But before seeking to answer this question, let’s look at where we are now, following another couple of weeks of inconclusive talks between the EU and the UK. To put it as its simplest, the July intensive rounds of talks, triggered by Boris Johnson’s demand to “put a tiger in the tank, turned out to be little more than dinner in Brussels one week, in London the next.

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Boris Johnson, Brexit, Michel Barnier, Trade Deals

Putting a tiger in the tank of what?

Tiger Tank

On Friday, June 12, Michael Gove, the senior UK cabinet minister in charge of the Brexit process, said on Twitter:

“I just chaired a constructive EU Joint Committee meeting with @MarosSefcovic

I formally confirmed the UK will not extend the transition period & the moment for extension has now passed. On 1 January 2021 we will take back control and regain our political & economic independence.”

Responding on behalf of the EU, Michel Barnier, said: “The EU has always been open to an extension of the transition period. At today’s Joint Committee, we took note of UK’s decision not to extend. We must now make progress on substance. To give every chance to the negotiations, we agreed to intensify talks in the next weeks and months.”

The UK left the EU legally and politically on January 31 last. The UK no longer has any role or involvement in EU governance of decision making. However, until December 31, 2020, the UK is still part of the EU’s custom union and single market, which means that there have been no disruptions to trade flows in either goods or services between the UK and the EU. It was open to the parties to extent this transition arrangement for up to a further two years, but Gove’s June 12th announcement means that this will not now happen. Continue reading

Brexit, British Government, Michel Barnier, Negotiating

A tale of two speeches by Gove and Frost

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The sting was in the tail. It was the last few paragraphs that really told the story. You couldn’t mistake what the story was. And it is still the story today. It is a never-ending story.

British Brexiteers will never rest content until the EU collapses. Which is why an agreement between the EU and the UK is close to impossible. How do you cut a deal with people who believe your very existence is illegitimate and would happily see you implode?

In 2016, some months before the Brexit referendum, Michael Gove then, as now, a UK cabinet minister made a speech  setting out the case for Brexit. The speech was called:  The facts of life say leave, but most people better remember it for one of its key lines “The day after we vote to leave we hold all the cards and we can choose the path we want.

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Brexit, British Government, Michel Barnier, Negotiating, Single Market

Fog in the English Channel. Continent Cut Off

 This analysis of recent developments was written and posted on Monday, May 18th, 2020

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EU’s chief Brexit negotiator Michel Barnier (Francois Lenoir, Pool Photo via AP)

Fog in the English Channel, Continent Cut Off” may or may not be an actual UK newspaper headline, but could easily sum up the remarks of the UK’s Brexit negotiator, David Frost, last Friday after another round of discussions between the EU and the UK.

“We made very little progress towards agreement on the most significant outstanding issues between us,” Frost said, adding it was “…hard to understand why the EU insists on an ideological approach which makes it more difficult to reach a mutually beneficial agreement”. Frost’s comments were repeated on a Sunday TV show by Cabinet Office Minister Michael Gove who said “…there’s a philosophical difference” in the UK-EU negotiations

In reply, the EU’s chief negotiator, Michael Barnier, commented:

“This makes me believe that there is still a real lack of understanding in the United Kingdom about the objective, and sometimes mechanical, consequences of the British choice to leave the Single Market and the Customs Union.”

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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

Article 50, Backstop, Boris Johnson, Brexit, Conservative Party, Theresa May

3 years after #Brexit vote: EU is more united and Brexit is less clear

This blogpost was written on Sunday June 16th, 2019

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Next Sunday will be June 23rd. It will be three years on from the date the UK voted to leave the European Union. Or, to be more accurate, the date a majority of those who voted in England and Wales so voted, while a majority in Scotland and Northern Ireland voted to stay.

History may well decide that June 23, 2016 was not only the date on which the UK voted to leave the E.U. but that it was also the date the United Kingdom began to crack. The date on which the United Kingdom became disunited.

With just a week to go to the third anniversary of the vote to leave we still have no idea what leave means and when it will happen. If, indeed, it will happen. Never has a project of such constitutional and economic importance been so ill-conceived, ill-prepared and ill-managed.

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Article 50, Brexit, British Government, Theresa May

It’s a Long, Long Way from Gove to Here. 3 years is a long time in #Brexit politics

This blog was written on March 6th, 2019

Michael-Gove-672233It’s a Long, Long Way from Gove to Here

“The day after we vote to leave, we hold all the cards and we can choose the path we want.” – Michael Gove, April 2016

“I don’t believe it (no-deal Brexit) will be Armageddon” – Suella Braverman, March 2019

It’s a long way from “holding all the cards” to it won’t be “Armageddon”. Three years is indeed a very long time in politics.

Speaking to the Institute for Government last Monday, Sir Ivan Rodgers, the former UK ambassador to the EU who resigned from that position because his advice on Brexit strategy was being totally disregarded in London, said there was no chance that the UK would be able to disentangle itself from the EU even if Brexit goes ahead. He added:

“These fantasies of release and liberation – they are fantasies. We are going to be negotiating on everything from aviation to farming for evermore with our biggest neighbour. We cannot live in glorious isolation. Talk to the Swiss and to the Norwegians – they live in a permanent state of negotiation with the EU.”

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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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