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

#Brexit Illusions Are Now Meeting Reality

This post was written today, March 23, 2018

waves-breakToday, Friday, March 23, at the time of writing, the European Council of the heads of government of the (remaining) 27 Member States are expected to sign off, politically, on the details of the transition arrangement that the UK government had requested be put in place after it leaves the EU on March 29th, 2019.

The transition will run until December 31, 2020. During that time the UK will be bound by all EU laws and procedures, including new laws, and will also be subject to the jurisdiction of the European Court. But it will have no role in EU governance meaning it will not attend Council meetings, it will have no members of the European Parliament and will have no Commissioner.

Arriving in Brussels on Thursday, Mrs May said:

“I’m looking forward to talking about Brexit. We made considerable progress through the agreement on the implementation period, which will bring certainty to businesses and people.”

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Brexit, British Government, Irish border, Northern Ireland

A Proposal for a Northern Ireland Special Economic Zone – a way to stop #Brexit bringing back a border

By Tom Hayes & Derek Mooney  – Download this proposal as a PDF : NI Special Economic Zone Proposal

Introduction:

irishborder

We believe that Brexit is mistake, but we recognise that it was backed by a majority of voters in 2016 and that there is no serious move, at this time, to retest public opinion.

Similarly, though we think that the U.K. can still leave the EU while remaining in the Single Market and (‘a’, if not ‘the’) Customs Union and we sense that there is a cross party majority in the House of Commons for this position: it increasingly appears to us that this is an unlikely outcome as the leadership of both main parties seem determined not to pursue this sensible avenue.

In this context of the U.K. leaving the institutions of the EU while also exiting the Single Market and the Customs Union we are concerned with the public debate around the future of a hard border across the island of Ireland.

We are further perturbed by suggestions from pro-Brexiteers that technology is the answer and that the hard land border consequence of a resolutely pro-Brexit policy can be magically softened by “automatic number plate recognition” and “trusted traveller programmes”.

We believe that a possible solution to the border issue in Ireland may lie in Northern Ireland (NI) becoming a Special Economic Zone within the UK and, as such, remaining aligned with the EU Single Market and Customs Union.

We do not believe because a region has a different set of economic rules from the rest of the state that implies any form of constitutional divergence. Were NI to be both in the UK and in the EU’s integrated, internal market, this could act as a magnet for inward investment giving a major boost to the NI economy.
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Article 50, Brexit, British Government, Irish border, Northern Ireland, Theresa May

May: I Am Where I Am Because I Put Me Where I Am #Brexit

This Blogpost was written on Sat March 3rd, 2018

may snowIn the cold light of a snowy Saturday morning, UK Prime Minister Theresa May’s Mansion House speech yesterday can be read as an anguished plea to the European Union to help her out of the impossible position she has put herself in.

She knows the road she has chosen will result in the UK being economically less well off than it otherwise would have been, not to mention the loss of European and wider geopolitical influence.  But she is trapped.

Where Mrs. May finds herself is the consequence of decisions she herself has made. No one else. She now asks the EU to help her evade the consequences of those decisions by tearing up its own rules and laws, asking it to agree that the UK can be, at the same time in and out of the single market and the customs union, allowing it to pick the bits its likes and reject the bits it doesn’t.

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Brexit, Irish border, Michel Barnier, Negotiating, Theresa May

#Brexit: The UK Government’s BATNA Dilemma

Koji Tsuruoaka, Japan's ambassador to Britain, speaks outside 10 Downing Street after a meeting between Britain's Prime Minister Theresa May and senior members of Japanese companies, in LondonIt seems to us that a great deal of press and other comments about the supposed disunity within the UK cabinet about Brexit frames it slightly wrong. The cabinet is not split over what it wants from the Brexit discussions. It knows exactly what it wants.

The problem arises over what to do when it doesn’t get what it wants. and it already knows that you can’t always get what you want. The real problem is that the cabinet, in the language of professional negotiators, cannot agree on its BATNA, its Best Alternative to a Negotiated Agreement.

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Article 50, Brexit, Brussels, Juncker, Michel Barnier, Negotiating, Theresa May

Not so Much a Marathon… More a Triathlon #Brexit

Written on Friday Dec 8th:

may junckerEarly this morning, Friday, December 8, the EU and the UK announced that they had reached terms on the three Article 50 issues which cover: the UK’s ongoing financial obligations to the EU; the rights of EU citizens in the UK; and issues relating to Ireland.

The EU Commission said that the agreement reached was sufficient to allow it to recommend to the EU Council (heads of government) next week that the talks proceed to phase 2, namely discussions on the “framework” of the UK’s future relationship with the EU.

Reading the various documents that have been released today it is hard not to come to the conclusion that the UK appears to have accepted the EU’s terms on all three issue. Outstanding payments from the UK to the EU are not conditional on any sort of future trade deal and will continue long into the future as commitments made by the EU28, of which the UK was a part, fall due. On citizens’ rights the European Court will have a role in defending the rights of EU citizens resident in the UK for eight years after Brexit, a political lifetime. On Ireland, the default position is no hard border.

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Article 50, Brexit, British Government, Irish border, Northern Ireland, Theresa May

That #Brexit Winding Road may be a Cul-de-Sac

This post was written on Monday Dec 4th, 2017.

may-tusk-junckerThere was a time, before the Internet and social media, when politicians could say very different things to very different audiences and get away with it. Not so today. To coin a phrase, what you say in Brussels is known in Belfast before you finish your sentence.

As I write this, at 18:30 Paris time, reports of what actually happened in Brussels today are still somewhat unclear. But it does appear that all parties thought a deal was done until the UK said no at the last minute. Speaking to Irish radio, the Taoiseach (Irish Prime Minister), Leo Varadkar said:

“The U.K. had agreed a text on the border that met our concerns … I was then contacted by [Juncker and Tusk] and confirmed Ireland agreement to that text… I am surprised and disappointed that the U.K. Govt is not in a position to agree to what was approved today”

Reports suggest that the Democratic Unionist Party (DUP) said it could not support the agreed text as it appeared to split Northern Ireland economically from the rest of the UK as Northern Ireland would, to all extents and purposes, still be in the EU’s single market and customs union while the rest of the UK would not.

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Article 50, Brexit, British Government, Brussels, Divorce, Northern Ireland

#Brexit: A Moment of Truth Fast Approaching

Written on Sunday Nov 26th.

Brexit4After we wrote our weekly Brexit Briefing last Friday, the news broke that the European Union (EU) had given the UK until Monday, December 4, to table revised and meaningful proposals on the three Article 50 issues, the rights of citizens, the “Irish question” and meeting financial obligations if it wishes the EU27 to agree at their December summit to move the talks to discussing the future relationship between the two parties. As Politico noted:

European Council President Donald Tusk set an “absolute deadline” of December 4 for the U.K. to submit a revised offer on the Brexit bill and a credible solution for the Irish border, telling U.K. Prime Minister Theresa May on Friday that otherwise it would not be possible to move on to the second phase of talks, a senior EU official said.

The official said May had accepted the timeframe, and that Tusk warned her if London misses the deadline, the European Council would not be able to declare “sufficient progress” at its December summit.

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