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The Brexit Swamp Deepens

7th July 2019 by newtjoh

The political environment becomes ever more unedifying and inauspicious. Last week Boris Johnson confirmed his intention for the UK to leave the EU on 31 October: “do or die”.

So did Jeremy Hunt: that is, unless a deal was in sight at the start of October, in which case he would allow ‘a few days grace’ beyond the 31st, before pulling the plug on UK membership. Earlier, he had, when pitching to Conservative MPs rather than to the membership, advocated the pursuit of a negotiated deal, unbound by such a fixed unrealistic deadline.

Both these contenders not only for the leadership of the Conservative party but for the Prime Minister-ship of the United Kingdom, also confirmed that they were willing for people working in the trading sector of the economy to lose their jobs and livelihoods as a result of such a No deal exit.

Why? Ostensibly to discharge the democratic mandate of the 2016 vote, but in practice to win the most votes from a rump electorate of around 160,000 mainly elderly and well-off Conservative party members, in the process normalising and sanitising No deal outcome within not only the Conservative Party, but much of the mainstream media.

The capacity and willingness of this Parliament to prevent No deal appears to have receded in step.

According to John McDonnell, the remaining “mechanisms in terms of formal procedure” to do so have become ‘difficult to spot’, while Nick Boles, who last spring resigned the Conservative whip over Brexit, at an Institute of Government seminar early this month advised that the means and the numbers ‘might not be there’, going on to warn that the country might have to ‘eat the pudding’ of a No deal Brexit to understand its consequences, before pivoting towards EEA membership.

Although Conservative MPs, such as Sam Gyimah, suggest that around 30 MP’s like them will vote to prevent No deal, and  current Cabinet heavyweights, Philip Hammond and David Gauke, argue that ‘ a way will be found’ to do so, by what parliamentary mechanism remains unclear, however. Gauke, himself, conceded on this week’s Andrew Marr Show that it will rely upon the Speaker innovating such an historic opportunity to block legislation coming into force at the last moment, against the wishes of the executive.

Although both Johnson and Hunt have said that they would prefer a negotiated deal in preference to No deal, the EU will not agree to remove the NI backstop from the November 2018 Withdrawal Agreement (May Deal), or to time-limit it, or to render it redundant through the agreement of ‘alternative arrangements’, at least in a legally certain way by the beginning of October.

Slightly more conceivable is a fudged last moment deal made with an EU anxious to avoid the economic consequences of No deal impacting on their side of the Channel. It would be one largely dependent on semantics to cloak the Brexit Trilemma: May deal re-wrapped with, perhaps, some baubles added.

But even if the new Conservative leader – almost certain Johnson – flipped-flopped on their avowed campaign rejection of any iteration of May deal, losing their credibility in the processand right at the beginning of their premiership, a May Mark 2 or Johnson deal could not win the combination of ERG hardcore support and Labour whipped support for it to pass this Parliament.

A pared-down May deal would not attract whipped Labour support. It would need to include an equivalent Customs Union(CU); continuing regulatory alignment for goods;  workers’ and environmental standards; and came attached with a commitment to a ‘confirmatory vote’ – anathema to most Conservative and some Labour MPs.

What about the official Opposition? Its current position that it ‘respects the 2016 referendum decision’ with any deal subject to another ‘confirmatory vote’, will remain meaningless: unless this Parliament votes for both a deal and a ‘confirmatory vote’ on it, which, as noted above, is unlikely in the extreme.

Even hard-headed Labour Remainer MPs, such as Hilary Benn, who indicated in a Newsnight I July interview that not only would Parliament not allow a No deal exit, but could require a public vote between a revised May deal and Remain, at the end of October, seem now to rely on wishful, not considered, thinking.

The Labour leadership will almost certainly bend to irresistible pressure at its forthcoming September conference to adopt a ‘Referendum and Remain’ position, if not before.

But that would allow the new Conservative PM to paint Labour as the party that all along wanted to reverse the ‘will of the people’, as expressed in the 2016 referendum, and risk alienating its Brexit-supporting voters as well as a segment of its own MPs representing Brexit-voting constituencies; given the lack of a majority for a second referendum in this Parliament, it could make a UK no deal exit more likely than less, making its prevention reliant on a general election (GE) interruption.

The electorate would probably recoil from the prospect of a referendum coming hot on the heels of a GE. It also would make little or no sense for the party to campaign on a Remain and Referendum (with the latter the means to secure the former) platform, and subsequently securing a working majority, then attempt to negotiate a revised deal with Brussels, simply to present that as the alternative choice to Remain.

Any change in its Brexit position really needs hitching to a political narrative that emphasises Labour’s efforts to secure a parliamentary compromise, the absolute priority now to avoid No deal in the here and now, and not a belated conversion to the Remain cause in pure principle.

Revocation of Article 50 offers a more consistent Brexit policy platform, but comes attached with even more political and electoral risk.

How likely is an autumn general election? The current parliamentary session is due to end on 25th July, assuming that the newly elected Conservative leader, following his election by his party’s membership, is invited to form a government by the Queen on the recommendation of Mrs May, and that Labour immediately does not table and win a no confidence motion in the new government.

Such a vote, before the new PM is given a chance to put their campaign words into action by negotiating and bringing back a revised deal to Parliament in October, is less likely to succeed than one tabled when No deal is imminent without parliamentary intervention.

On the other hand, leaving it to the wire well into October, will prolong uncertainty and wasteful expenditures on No deal preparations with its attendant high cost to economy and society, and, as  above, would risk the UK falling over the No deal cliff at the end of that month.

Only a handful of Conservatives need to vote with Corbyn to precipitate a government defeat; three have already joined Change UK, and Nick Boles has resigned the whip and become independent: others, including former Cabinet Ministers, Kenneth Clark and Dominic Grieve, when confirming their commitment to oppose No deal, have not ruled that possibility out.

Yet it would be a huge step, however, for them to sign-off their long careers by torpedoing their own party out of government. In truth, estimating the numbers is simply staring into a contingent crystal ball.

A more likely scenario is that a group of current Cabinet Ministers, including David Gauke, Philip Hammond, and David Lidlington – all of whom have been consistently steadfast in their opposition to No deal – pitched out of power by the new PM, and, perhaps, supported by ex.PM Theresa May, will add their not inconsiderable heft to Conservative MP pressure on the new PM to pivot towards a negotiated deal.

Of these, David Gauke has already confirmed that he would not vote against his own government (in a confidence vote), and there is little or no reason to suppose that either Lidlington or Hammond would do either. Some former junior ministers, such as Sam Gyimah and Dr Phillip Lee, might take up the threat on their behalf, even if for only tactical reasons, noting that a Labour no confidence motion, even if passed, under the Fixed Term Act would not immediately result in a GE, but only after a 14 day grace period if no alternative government was approved by the Commons.

This could give some possible scope for the new PM to backtrack from his commitment to No deal, on the basis that it had been adopted to primarily to ’stare down’ Brussels and to get the ‘best deal for Britain’ in response to democratic pressure within the country.

Both Gyimah and Lee, however, resigned, like Jo Johnson, Boris’s brother, from Mrs May’s government to support a second referendum and against May’s deal. It is that, in a likely diluted form and with a political declaration this time tilted towards a Canada-style free trade agreement , would be on offer, which would not secure whipped Labour support; because it would retain the NI backstop and involve an extended transition period it is also unlikely to carry the Tory ERG faction either. Back round the circle, then.

Even if Parliament was accorded the means to vote against No deal and simply did that alone, that vote would not determine what happened next. A negotiated deal would take us into 2020, if the EU, under its new management, was willing to grant a further extension, without a GE or a referendum called, allowing another circuit of the UK Brexit circle with no necessary end in sight. This, is far from certain, to say the least.

A parliamentary vote in favour of a second referendum on a binary choice between Remain and No deal, or as an amendment to a motion proscribing No deal, if allowed, would offer the most logical – albeit dangerous way, to escape the deadlock, but the means and numbers for that are not currently there, as Conservative and Labour opponents of No deal are deeply divided on how to avoid it.

That will need to change by October. Committed Conservative opponents of No deal will have to agree a common line with themselves and with Labour to succeed; and vice versa.

Otherwise both will be reliant on Boris Johnson seeking and obtaining parliamentary approval of a GE to secure a mandate for No deal, which would not only split the Conservative parliamentary party, but be uncertain in outcome.

The Labour leadership, wishing to rid itself of the Brexit albatross sitting on its socialist transformational agenda, could – at least on a Trotskyist reading – be content for No deal under the watch of Johnson to happen, whatever the official policy might proclaim, and wait – in Nick Boles words – for the pudding to be eaten to its subsequent electoral advantage, but the economic and political consequences on the UK economy and Union can only be expected to prove calamitous.

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Filed Under: Brexit Tagged With: brexit

A Way Out of the Brexit Impasse

17th August 2018 by newtjoh

The prime minister clearly hoped that her Chequers package could at least be sold to the warring factions in her own party. The swift resignations of her Foreign and Brexit secretaries soon put paid to that. The European Research Group (ERC) of hard-Brexiteers, led by Jacob Rees Mogg (JCM), were emboldened to openly rebel. The government then went on to accept amendments from him that seemingly contradicted the principles on which its and her own package was based.

That, in turn, prompted 12 Conservative Remainer MP’s to table an amendment of their own requiring the government to consider staying in the customs union if no EU agreement had not been reached by the end of January 2019 – their initial promise to give ‘a fair wind’ to the new approach blown away by May’s apparent craven capitulation.  It was defeated by a mere three votes, and then only after four Labour MP’s, including Frank Field, defied their own party’s three-line whip to vote with the government.

May’s decision, on the surface, puzzling.  She had earlier – at least according to some reports – advised Conservative Remainers to hold fire on their amendment and to wait for the EU to knock-back her then-forthcoming Chequers offer. She could have then told Parliament that the only way that to avoid either NI/Ireland border infrastructure or an Irish Sea border, as well as the maximum economic disruption of a disorderly exit, would be to accept, in effect, the UK staying in a CU equivalent to the existing one beyond the already-agreed two-year transition or implementation period slated to end in December 2020, where no tariffs or quotas or intrusive border ‘rules of origin’ checks would be needed, or levied, or conducted on goods travelling between the EU and UK. The UK would continue to levy, collect, and remit the EU’s applicable Common External Tariff (CET) on all goods imported into the UK from the rest of the world (ROW).

Such a position with government support could have been expected to pass Parliament given Labour Party support for the UK to remain a customs union.

Although Mrs. May had previously provided the Trade Secretary, Liam Fox, with personal assurances about his ability to sign independent trade deals with the ROW, that does not explain why the prime minister felt that it was necessary to capitulate to JRM and his ERG band of fundamentalist Brexiteers. Their two ‘wrecking’ amendments, covering VAT and the EU collection of tariffs on behalf of the UK, would have almost certainly been rejected by the Commons, had her government not accepted them.

Most likely, her motivation was to persuade potential rebels to desist from depositing enough letters of no confidence in her to trigger a summer leadership contest. Yet, by accepting JRM’s amendments, she served to strengthen their position and stiffen their intransigence against the Chequers package. Such appeasement has and will continue to undermine her future political negotiating positions, both internally with her party and externally with the EU, making her ouster as Conservative party leader and prime minister more likely than less.

Putting that political misstep aside, the yawning core contradiction at the heart of the entire Brexit process was inescapably and openly laid bare by Chequers: the economic damage that it entails can only be mitigated by the UK retaining as much of the tangible benefits of EU customs union and single market membership that it can. But that in return requires the UK to accept some of the obligations of EU membership along with an accompanying loss of domestic UK control over their content and of their future development: making the UK a rule-taker without representation.

If the point of leaving was to wrest wholly in practice and effect any EU direct control of ‘our money, laws, and borders’ back to Westminister, such a Brexit-in-Name only (BINO), as it is called by its detractors, seems, in logic at least, pointless: the UK might as well not leave. But that would be contrary to the June 2016 referendum result. On the other hand, exiting with no deal to trade on World trade Organisation (WTO) rules, as extolled by the ERG, would result in the most economically most damaging, and politically (and quite possibly socially) calamitous consequences: a conclusion disputed, or brushed away, only by most fervent Brexiteers.

As Parliament went into its summer recess, individual members of the ERC group – that could number between 60 and 100 MP’s in total – swore that they will vote against any future withdrawal deal aligned to the July Brexit White Paper, which fleshed out the Chequers package. The Labour party, on its part, confirmed that it will continue to oppose such a deal because it would not meet the – albeit unrealizable (short of continuing de facto CU and SM membership) – six ‘Starmer’ tests. And, the Conservative Remainers, alienated by May accepting the ERC amendments, were once again cast outside the government tent.

If the Labour Party and the ERG stick to their existing guns, any deal based on the white paper package will be rejected by Parliament later this autumn, thus shortening the political odds on a UK ‘no deal’ exit, occurring by default. That outcome is far from certain, however: a season is a very, very, long time in politics.

Neither a responsible government nor opposition could engineer, or even countenance, a no deal exit; that is unless they simply washed their hands of its known anticipated consequences on the national interest. Even if they did, many of the potential political ramifications or fall-out from such an outcome, either by design or default, are too unappealing, or too uncertain, for both main parties to stake their future electoral prospects on.

The looming prospect of ‘no deal’ itself could cause the EU, however, to modify or fudge its own previously declared red lines to accommodate a compromise deal with the May government that could then possibly garner the grudging acquiescence of Parliament. It is to that prospect, we turn.

The european dimension

The facilitated customs arrangement (FCA) provides the cornerstone of the UK negotiating position. It is designed to avoid the need for the NI backstop included in the draft withdrawal treaty. The other main pillar on which May’s package rests is UK regulatory alignment with the EU, but only to the extent necessary for the UK to continue to benefit from frictionless trade in goods with the EU27 and with no border infrastructure to be placed between the two Irelands.

That pitch jars with the mood-music coming from, not only from Barnier and the European Commission, but also from key political leaders, that has hitherto maintained the steady tune that the four freedoms of the single market – goods, services, capital, and people – are both inviolable and indivisible.

But as summer simmered in early August, some suggestions of a possible softening of the EU’s absolute position began to emerge. Thee separate treatment of goods and services could perhaps be countenanced, subject to the adoption of interpretation and enforcement mechanisms that would give the final say to its own institutions, most particularly the ECJ.

The EU and UK red-lines could both be blurred or fudged, by, for example, providing the European Free Trade Association (EFTA) court a similar role in deciding disputes that it currently  commands in the existing European Economic Association (EEA) governance structure.  That arrangement already involves Norway, for example, opting out of membership of the customs union, and the acceptance of some associated frictions in the free movement of goods.

Freedom of movement is the main elephant in the room for the UK, and some tweaking of its application could be creatively presented by both parties as part of a movement to a negotiated and  comprehensive replacement arrangements.

That the EU might be prepared to row back on its own stated negotiation red lines should not come as that much of a surprise. A no deal exit would cause one of its members, the Republic of Ireland, almost as much – or even – greater economic harm than it would wreck on the departing UK, whose domestic manufacturing and farming sectors would bear the brunt of the pain both immediately and longer-term. The EU’s other 26 members would also suffer some economic loss, most marked for the Benelux countries geographically closest to the UK.

A chaotic UK exit would put in jeopardy both the £40bn divorce payment and the residence rights of EU nationals working in the UK. At its most existential, the diplomatic credentials and reputation of the EU with the ROW would be soiled, perhaps permanently. The UK exit is a particular situation; at the end of the day: needs must.

Yet it is difficult to discern why the EU should allow the UK – a state that has chosen to leave its ‘club’ and become a non-member third-party –  the benefit of the  special customs arrangement represented by the FCA, while allowing the UK also to continue to benefit from FTA’s agreed between the EU and the ROW.

In particular, the proposed dual tariff structure of the FCA provides an inherent incentive to fraud and smuggling that along with its other added complexities and inefficiencies makes the prospect of its 27 remaining members suffering consequential trading and revenue, almost inevitable. That makes its adoption most unlikely as, https://www.asocialdemocraticfuture.org/2018-brexit-white-paper/, pointed out.

In that light, the EU should also do itself, as well as the UK, a favour by putting the FCA out of its misery as soon it can, without precipitating Mrs May out of office, although that might mean waiting until after the Conservative Party conference in October.

Brussels could then push the UK to maintain an equivalent CU with the EU until such time that a replacement FTA can be mutually agreed and put in place, as a ‘price’ for offering the UK some measure of flexibility on FOM. Of course, no real economic price would be paid by the UK by accepting de facto continuing membership of the CU. Its manufacturing businesses would benefit from the greater certainty of the maintenance of frictionless trade for a longer period; it is only the illusionary prospect of securing substantive new trade deals in goods outside the EU in the short-term that would be lost.

The real issue is whether the resulting political price for the government – and for Mrs May in particular – would be too high.

The domestic political dimension.

Any variant of the Chequers package is sure to be rejected by a sizeable segment of Conservative ERG members. But they set their face against the Brexit White Paper even in its July pristine published state. They, therefore, have already shot their bolt:  no deal is their unshakeable article of almost religious faith, whatever happens.

Mrs May can be expected to stand firm behind her Chequers banner and now face down their messianic zeal for a disorderly exit, relying on the silent majority of her more Brexit-agnostic MP’s to carry her through.

But if she does, could the ERG unseat her in the autumn? Possible but unlikely. Not only are the majority of Conservative MP’s not wedded to a hard-Brexit outcome, which even if they were, would not pass Parliament, but a new hard-Brexiteer Conservative leader would face another general election.   That precise same prospect is likely to deter Conservative MP’s from exposing both their party’s Brexit record and their divisions to a leadership contest and then to a volatile electorate.

That electorate could well vote in a ‘hard-left’ Labour government led by the populist Jeremy Corbyn, and trust it to negotiate a vague soft-Brexit aligned to Starmer’s six principles under a jobs and prosperity banner. A new Labour  government can be expected to seek an extended Article 50 timetable – a need that Labour would make clear during the election had been generated  by Tory incompetence and extremism.

Even if the Conservatives won, the ensuing chaos and economic damage caused by a disorderly exit would quite likely render it a short-lived victory that then made the party subsequently unelectable for a generation.

It is possible that the Conservatives,  if a leadership contest was forced onto Mrs May, would elect a compromise candidate, such as Jeremy Hunt or Sajid Javid, promising a harder line with Brussels in the negotiation,  but with no deal as the backstop rather than the desired destination. This assumes that the constituency members, who would decide such an election, would be amenable to any whiff of Brexit compromise. The deep Tory divisions would still be exposed by such a contest.

Some suggestion has been made that such a ‘compromise’ leader could oversee a UK exit according to a vague and skeleton withdrawal agreement and its accompanying political declaration minimally acceptable to the EU, before exiting in March, but then backtrack to a more hard-Brexit arrangement, presented as ‘what the people voted for in 2016’.

The EU, however, can be expected to include provisions within the withdrawal divorce treaty that would make that difficult. Nor could it be expected that Parliament would be fooled by such duplicity.

Turning to the Labour party, it might hope that a parliamentary vote rejecting any final package based on Chequers would also precipitate an election bringing it then to power. An election fought ‘on what happens next for Brexit’, however, is just as likely to expose Labour’s own Brexit fault-lines.  Its outcome could well prove to be another stalemate that second time around could also induce a splintering of existing party alignments. Its current leadership could well decide, in that light, that betting on the altar of Brexit the once-in the-lifetime opportunity to implement the socialist transformative programme, which is its main preoccupation, was not justified by the odds.

Some on the left, most notably Paul Mason, How Labour could unite the country have argued that Labour should complement its opposition to the Chequers package by publishing the single market and migration approach that, after getting the Article 50 exit date extended beyond March 2019,  as the new elected government it would progress with Brussels.  Labour should also promise the electorate  a second referendum on the final deal that it was then able to secure with the EU27.

This presupposes, of course, that Labour voting against the variant of Chequers package that is offered to Parliament would result in a general election and that sufficient time was left to extend Article 50. It is questionable whether a Corbyn-led government would wish to be distracted from its domestic transformative programme by such a second referendum and its connected complexities and uncertainties.

It is certainly unlikely that either the May government or the present Parliament will concede a second referendum.  Indeed, the cross-cutting complexities of the Brexit permutations are not amenable to a vote between binary alternatives, underscoring that the 2016 referendum was inappropriate in the first place: there was no precipitating new overarching ‘new destiny’ issue; party political management reasons rather led to it.

A second referendum offering Brexit multiple-options would be problematic in content – for example, see the permutations offered in https://infacts.org/theres-more-than-one-way-to-count-a-three-way-peoples-vote/  – and could well be indeterminate  in result, notwithstanding that this time round it would be billed the ‘People’s vote’. There is no simple solution to the complex problem of Brexit. Pretending otherwise is likely to cause more problems than solution.

Anything short of an astounding vote to Remain, would simply lay the ground for Leaver demands for yet another and a third vote, compounding divisions within and between the constituent countries of the UK to an even more dangerous tipping point.

A second referendum only really makes sense when framed between leaving with no deal, and extending Article 50 and staying in: leaving with no deal with its resulting economic and social damage, in that case could well come into ‘new destiny’ territory.  If the majority voted for no deal at least they would be doing so with their eyes wide open, taking, perhaps, the heroic assumption that the consequences of the choices are communicated clearly and transparently the second time round.

But, as argued above, defaulting to ‘no deal’ option should be avoided by a responsible government and opposition.

Can Parliament agree on a ‘least bad’ option?

It is both possible and mutually desirable for both the EU and UK  to negotiate a withdrawal treaty and accompanying political declaration exit that could be conceivably be accepted by the UK Parliament.

The UK would accept an equivalent CU and connected continuing harmonization to EU rules concerning goods infinitely after its formal exit from the EU, at least until alternative trading arrangements are thrashed out and finalised.

Such a Mark 2 Chequers agreement would resolve the NI backstop for the foreseeable future and preserve the continuing vital not-to-be-lost benefit of frictionless trade in goods to both parties.

From the EU standpoint, it would provide comfort that the UK would continue to align and conform to EU rules.  In return for the UK jettisoning the unworkable FCA, the EU could offer some wriggle space to the UK on FOM.  It could also allow the UK’s to progress FTAs concerning goods to the point where they could come into operation when the UK finally leaves the interim equivalent but still bespoke CU. In the meantime the UK could negotiate and enter into new service agreements with the ROW.

The prime minister could thus offer this the as the ‘pragmatic’ and ‘principled’ best available deal that will allow the UK to actually leave the EU at minimum net economic cost, while providing scope within a realistic timescale for Britain to progressively to identify and to reap the most advantage from its altered future relationship with Europe.

The ERG and other hard-Brexiteers, of course, would indict that to stay in the CU and SM indefinitely would make the UK a ‘vassal-state’ that will prevent it venturing out onto a world stage again as a buccaneering and proud free trading nation winning new trade deals on its own account. Their bawl that this would constitute a grass betrayal of the June 2016 democratic decision to leave the EU can already be heard.  They are going to continue to shout that whatever happens, short of securing their desired no deal exit. That outcome – like the continuing CU and partial SM membership arrangement proposed here, was not on the 2016 ballot paper, when 52% of those who voted, simply expressed to leave the EU in preference to remaining.

The sensible majority in Parliament – across the parties –  should simply rely on the facts to demolish the deluded and national interest-damaging hard-Brexit position. The actual prospect of independent deals – at least of the  significance and scale needed to offset the loss of frictionless trade with our nearest and main partner, the EU, is to put it kindly, dim and distant, whose horizon has always extended way beyond January 2021.

Paul Krugman analysis on why existing customs union is better than relying on alternative free trade deals, provides a concise expert summary of that common-sense reality. It already is reflected in the government’s own economic analyses of the expected impact of different Brexit alternatives. Other studies have highlighted the particular adverse impact on jobs and incomes across areas most dependent on manufacturing industry, often located in either Labour-voting or marginal constituencies,  most notably in the North-east, as described in more detail in previous posts, such as https://www.asocialdemocraticfuture.org/time-labour-protect-national-interest-voting-cu/.

Of course, for Parliament to exercise its collective wisdom, the Labour leadership would need to be prepared at least to refrain from impose a three-line whip against such a Chequers Mark 2 withdrawal deal.

This it might do insofar that the government will have saved them the trouble of negotiating a deal with the EU that could and would not differ materially very much from what Labour could negotiate with Brussels. Voting it down to precipitate an election that would inevitably be dominated  by ‘what next for Brexit’ would very likely come across as self-serving; and rejecting a CU that would accord with current Labour party policy, which the majority of Labour MP’s are united in supporting – a unity that could shatter if attention shifted to the single market.

Other similar political calculations could also come into play.  Tory hard-Brexiteers  might well be joined by some ‘Lexiteer’ Labour MP’s; perhaps  some hard-Remain Labour MP’s committed to nothing short of a cancellation of Brexit or at least a second referendum could even join them in the ‘noes’ lobby, providing a potential silver lining to both Mrs May and Jeremy Corbyn, by isolating their respective hard-Brexit and Remainer detractors and plotters.

The prime minister could claim that she had delivered Brexit in accordance with the referendum mandate, while Labour could claim that they have secured a result far more worker and jobs-friendly than otherwise would have been the case.  Both leaderships would be served the national interest, while avoiding an election that risked the future break-up of their respective parties.

The balance of political risk would remain with Mrs May and her party. She would still have to withstand the venomous and destabilising attacks of the thwarted hard-Brexiteers who no doubt would strive to incite a rightwards-drifting rump membership to exert pressure on their MPs to ditch the prime minister.

If, on the other hand, she allowed the negotiations to drift to a point where a ‘no deal’ exit beckoned, the pressure for a second referendum to be called in time for such an outcome to be avoided, could become unstoppable.

 

 

 

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Filed Under: Brexit, Economic policy Tagged With: brexit, Customs union, Mrs May

Could a future partial customs union (CU) on Turkey model be part of a Norway-Plus UK deal?

16th February 2018 by newtjoh

The Institute of Directors (IOD) new policy paper, https://www.iod.com/Portals/0/PDFs/Campaigns%20and%20Reports/Europe%20and%20trade/IoD-Customising-Brexit.pdf?ver=2018-02-15-083137-800, advances the case for a new bespoke partial customs union. It would allow tariff-free and frictionless trade in manufactured products and in processed agricultural products, but raw primary agricultural produce would be excluded from the arrangement.

Such a partial arrangement, the IOD argues, would lift the threat that the UK manufacturing firms will face costly ‘rules of origin’ requirements when the UK exits the CU on Brexit day – rules that would impact particularly across the manufactured product sectors. But, at the same time, it would provide scope for the UK to forge its own trade policy by seeking free trade deals with non-EU countries across other areas, most notably allowing the the UK to lower or remove tariffs on raw agricultural products from the world’s poorest countries.

The example of Turkey, which is currently part of a partial customs union with the EU that excludes agriculture, and, as it is outside the single market (SM), services, is highlighted as a possible model.

Such a bespoke partial customs union arrangement, similarly to a Norway-Plus arrangement, would involve a UK departure from the Common Agricultural and Fisheries Policies.

The IOD proposal, however, appears to accept SM exit without considering many of the inter-relationships between a CU and the SM.  While the UK could could commit to continuing regulatory alignment for manufactured and processed agricultural goods, but that would still leave open the question on how movement of people between N.Ireland and the rest of UK could be handled given a combination of UK repudiation of SM free movement of people and an open Eire/N.Ireland border; nor does it address  the rule-taker problem of having to accept EU regulations without the UK having a formal say in their construction and implementation.

Nor is the economic and social impact of removing or lowering agricultural tariffs on the the domestic agricultural sector modeled or discussed. Most significantly, perhaps, is that the incompatibility of agricultural tariffs with an open NI-Eire border is not addressed.

Another problem is that Turkey is a rule-taker in that it has no say on trade deals that the EU makes with third party countries, and does not benefit from reduced tariffs made under such deals.  Such a partial customs union could possibly be complemented by a wide-ranging parallel free trade agreement with the EU across such areas not covered in the partial bespoke CU new agreement, however.

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Filed Under: Brexit Tagged With: brexit, Customs union, Norway, Turkey

Soubry’s Norway-plus approach

13th February 2018 by newtjoh

The case that Labour should support any amendments that sought to maintain de facto customs union (CU) membership infinitely – at least until an improved and sustainable alternative emerges was made in https://www.asocialdemocraticfuture.org/time-labour-protect-national-interest-voting-cu/ .

Certainly if the UK government does not present very soon a coherent picture of its desired Brexit end-state, Barnier on behalf of the EU will simply begin to impose on the UK a settlement that is consistent with the legally-binding phase 1 agreement.

The Phase 1 agreement made it inevitable that the UK maintains a mutually agreed de facto CU with the EU during any transition period. Regulatory alignment and the avoidance of immigration checks along either the Eire/NI or between the NI and the rest of the UK, seems also to suggest an arrangement very close to continuing de facto single market (SM) membership.

The current efforts of the Conservative MP, Anna Soubry, to marshal cross-party support for a European Economic Association/ European Free Trade Association (EEA/EFTA) + CU (Norway-plus) option are consistent with UK adherence to that Phase 1 agreement.She highlights other selling points of such an approach, apparently directed at ‘leaver-lites’.

First, such a Norway-plus option would still allow the UK to exit the Common Agricultural and Fisheries Policies, membership of which has increased prices for UK consumers, while the latter  has hastened the decline of Britain’s fishing industry.

Second, it would possibly allow some wriggle room to escape direct European Court of Justice (ECJ) jurisdiction – through the EFTA Court and associated treaty provisions.

Third, the SM freedom of movement (FOM) requirement could possibly be combined with some measure of immigration control based on work permits.

Fourth, the UK could possibly seek to negotiate alternative trade deals as a EFTA member.

These claims are contestable in terms of EU acceptance, while their actual potential relevance in practice could well be thwarted by the weight of complexity and trade offs involved in, for example renegotiating fisheries with the EU.

And what Soubry and colleagues have also not clarified is whether Norway-plus would just be a transition to another end state, and if so for long that it would apply. This is material, as neither the EEA nor EFTA were envisaged as transitional arrangements for a country on a journey to somewhere else, although there is always a possible first time for everything.

If Norway-plus operated as a two year transition, the UK would still face a cliff edge in 2021 when that ended, as it would not be possible for the UK to negotiate alternative trade deals within that period, implying a much longer time period that it would need to operate.

In any case it remains unclear how many Conservative MP’s are prepared to sign up to support to such a position, which, in effect, commits the government to the softest brexit. Perhaps the threat of revolt is being used to force May to formally align with the Phase 1 agreement that it signed only last December.

Across the benches, it is perhaps understandable that the Labour front bench continues to be cautious in taking the lead in trying to force the government to face up the inevitability of de facto staying in the CU and SM, for fear of providing political space to May to paint Labour as the referendum-reversing party: safer instead to act as to bystanders to a mess created and made worse by the Conservatives, and wait for its consequences to unravel, without risking splits within its own ranks by imposing three line whip, which some Labour Brexiteers might well then defy.

Although it is inevitable that the government’s position will unravel, less clear is precisely when it will.

Yet the national interest and the particular economic interests of those of the ‘left-behinds’ located in brexit-voting constituencies, such as Sunderland, demand that Labour discharges its responsibility as the official opposition, and steps up, not only to hold the government to account for its backtracking from the Phase 1 agreement, but in order to require the government to adhere to it, while offering them a compelling vision of a post-brexit UK.

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Filed Under: Brexit Tagged With: Anna Soubry, brexit, Customs union, EEA, EFTA, single market

Time for Labour to protect both the national and its own interest by voting for continued Customs Union membership

8th February 2018 by newtjoh

Two Conservative MPs — Anna Soubry and Ken Clarke – were reported last week to be seeking cross-party support for keeping intact the UK’s current customs arrangements with the European Union (EU) in amendments that they intend to table for a vote by Parliament at the end of this month.

The former has also indicated that in the event of the displacement of Theresa May by a leadership triumvirate of Rees-Mogg, Gove, and Johnson that she would jump the Conservative ship to an alternative – albeit – undefined party.

A political window of opportunity, accordingly, appears to beckon for Labour. But, it should, in any case, make every possible effort to secure the passing of any such amendments. The national interest demands that HM Government’s loyal opposition spotlights the confusion, drift, and downright contradictions that continue to swirl unresolved within the current conservative brexit approach, which can hardly be called a policy or a strategy.

A January 2018 economic analysis produced by the government’s own economists (that it does not trust us to read) has been widely reported as forecasting that any form of brexit would depress UK GDP over the next fifteen years. A disorderly one, where we reverted to World Trade Organisation (WTO) rules in 2019 would have the most adverse outcome at eight per cent of GDP. A Canada-style Free Trade Agreement (FTA) would lead to a five per cent drop. Even the ‘softest’ exit option of continued UK membership of the European Economic Association (EEA), involving continued single market (SM) access, would still induce a two per cent drop.

Those MPs allowed to read it have relayed back that increased government borrowing of £20bn by 2033 is forecast under the EEA model, £55bn under a Canada FTA, and £80bn under the WTO, options.

Essentially, possible forecast gains secured from alternative trade deals with the US, Japan, and India were modelled lie at best in the 0.4% to 0.8% range, over the entire 15 year forecast period: negligible, in comparison.

It is not impossible that these forecasts could be belied if the UK, freed from the shackles of EU membership, became a buccaneering free trade partner within a future global trading environment that bestowed most of its favours on countries negotiating bespoke trade agreements outside wider international arrangements or customs unions, but pigs may fly. Here and now common sense screams that disrupting trade links and complex integrated supply chains with your closest neighbours whom you have shared a deepening single market for decades, simply is not sensible.

Alternative free trade deals with countries, such as the US – led by the mercurial and protectionist Trump, or with India, which will seek the lifting of UK visa restrictions, or Japan, which has recently finalised a trade agreement with the EU, will take the UK years to negotiate; even if achieved, the available evidence converges on the conclusion that the posited benefits to the UK of such agreements will prove largely illusory and limited, and that they will fail to offset the loss of a large slice of the ‘gravity-based’ gains currently secured through frictionless trade with our EU neighbours within a long established regional trading bloc.

A study published earlier this month that modelled the particular impact of brexit on the manufacturing sector, for instance, concluded that high-tech and medium-high tech sectors, such as car-making and aerospace, are most at risk of a decline in domestic production. Such losses are associated with a possible employment loss in excess of 1,000, in Sunderland, in Birmingham, in Coventry, in Derby,as well as the Cheshire East, Solihull and County Durham, local authority districts, http://blogs.sussex.ac.uk/uktpo/files/2018/02/Briefing-paper-16.pdf.

As to the question as to whether the UK signing new trade deals could compensate for the loss of market access and the EU, its modelling of an even a ‘best-case’ scenario, in which the UK leaves the EU without a deal, but signs FTAs with all other countries in the world (the pigs might fly option?), suggests that even such universal FTAs would not fully mitigate the brexit-related loss of trade with the EU.

The balance of risk, as is currently discernible from reasonable analysis and observation, is towards the downside that the economic impact of brexit will prove to be more severe than is currently modelled.

Maintaining de facto CU membership infinitely until an improved alternative and sustainable alternative emerges would, therefore, accord with Labour’s EU negotiating red lines, concerning economic and employment outcomes. It should help to mitigate the adverse economic consequences of brexit across the regional economies most dependent on manufacturing, such as the North-east and the West Midlands, that also provide large swathes of its actual and potential vote amongst the ‘left-behinds’ – the group that is likely to suffer the most from brexit. At the same time such a stance should help to solidify Remainer support for Labour.

What is then stopping Labour? That is not wholly clear; clearly its front-bench does not wish to appear to disrespect the referendum vote, at least until the climate of opinion demonstrably changes, fearing further loss of its core vote in brexit-voting constituencies.

Some also suggest that both Corbyn and McDonnell, want a complete UK rupture from the CU and SM, in order to remove future impediments to Labour implementing an interventionist industrial strategy. Such impediments are, however, based on perception rather than reality, as a recent publication by Labour MPS, Heidi Alexander and Catherine West, and others, explain cogently with particular reference to relevant parts of the party’s 2017 manifesto in:
https://d3n8a8pro7vhmx.cloudfront.net/in/pages/14074/attachments/original/1517224151/lexit_paper_finalONLINE.pdf?1517224151.

Labour should support the Soubry-Clarke amendments, or otherwise table its own, requiring the government to include continued CU membership within its EU negotiating position, which due to its own internal divisions  it cannot settle. Time before the EU seeks to impose its own terms is now rapidly running out.

By doing so, Labour could make a clear case in the general national interest, as well as in the particular interests of voters in brexit-voting constituencies, that a cliff-edge exit from the CU, either in 2019 or 2021, would certainly cause unnecessary, deep, and quite possibly catastrophic, economic and social damage.

The public finances would be consequently weakened, thus constraining further the fiscal capability of any future government to invest in the health, education, and health infrastructure, most needed by the ‘left behinds’.

The official opposition needs to hammer home the reality that May’s espousal of a deep, special, and comprehensive bespoke replacement FTA with EU cannot possibly be negotiated by 2021.

Another core reality is that the Phase 1 agreement on the Eire/N.Ireland border assumes continuing de facto CU membership, as well as continuing regulatory alignment. In that particular light, already the EU is taking contingency steps to enforce the December 2017 Phase 1 agreement in the event of UK backtracking and/or a disorderly exit.

Advancing such amendments would also offer a platform for Labour to develop its strategy to actually extend opportunities to the ‘left-behinds’ in terms of industrial policy, affordable housing, training and apprenticeships, and for general education advance.

What it would not do is to signal a Labour-led overturning of the EU referendum result. In fact, the contrary, insofar that the prospect of a disorderly exit or one imposed on the EU’s own terms, would most likely result in pressure for that vote to be revisited given the resulting damage to Britain’s economic and social fabric.

Continuing CU membership is different to continuing SM membership with its four freedoms, including freedom of movement (FOM), although there is overlap, as discussed in: https://www.asocialdemocraticfuture.org/can-uk-long-term-stay-cu-outside-sm/.

A concerted and focused Labour intervention could well  be effective. A position whipped across the Labour benches attracting sufficient support from Remainer conservatives and other parties is likely to force May to crystallise more clearly the government’s position in favour of continued CU membership, in the face of a potential fatal loss of support from the NI Unionists, as well as from her own Remain wing.

The Brexiteers should they choose to sought to reverse any such concessions through setting in train a leadership challenge would risk precipitating a general election.

To duck this challenge would be a dereliction of duty by Labour, in respect of both its actual position as the official opposition and of its purported one of safeguarding and protecting the interests of the disadvantaged in society. It will not be forgotten by future generations.

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Filed Under: Brexit Tagged With: brexit, Customs union

Can the UK long term stay in a CU outside the SM?

21st January 2018 by newtjoh

The Confederation of British Industry (CBI) through its director-general has indicated that it considers that long-term continuing membership of the customs union (CU) is in accord with UK economic interests, even though continuing CU membership would appear to preclude the UK from negotiating bespoke trade deals with third party countries outside the EU.

It is indeed doubtful that future gains actually realisable from any such future deals would offset the economic costs of the UK losing the advantages of SM membership, given the concentration of trade that the UK has with its european neighbours.

Certainly it is difficult to see how a hard border between Eire and N.Ireland could be avoided – a key plank of the brexit stage 1 agreement between the UK and EU – if the UK exits the CU.

But is it really possible for the UK to continue in the CU indefinitely, while in parallel disengaging from the the obligations and processes of the single market(SM)?

Cutting a complex and uncertain reality to its essentials, post-brexit UK regulatory autonomy appears inconsistent with it maintaining regulatory alignment with the EU.

In the absence of such alignment, it highly doubtful that ‘frictionless’ trading of both goods and services can be maintained even if the UK retains some sort of de facto CU membership.

The UK could offer to continue to ensure such regulatory compliance through domestic regulations and processes. But there would need to some assurance assurance and compliance system that would satisfy EU SM requirements, that would appear, inevitably, to involve continuing ECJ oversight or something comparable, at least well into the medium term.

Yet both the May government the Labour leadership appear still appear to seek bespoke bilateral arrangements where the UK could continue to secure the advantages of SM membership, while jettisoning perceived accompanying unwelcome requirements, including free movement, ECJ jurisdiction, and in the case of Corbyn, restrictions on state aid.

But the French President, Macron, has recently made it clear again that continuing UK access to the single market, including its financial services, requires the UK to continue to contribute to the EU budget and to acknowledge European jurisdiction, as well as honour free freedom of movement of labour and capital, if it wishes to continue to benefit from the free and frictionless movement of goods and services.

He also did hint that that some bespoke tweaks relating to how UK adherence to SM requirements could be interpreted or portrayed might possibly be on the table (one example could be on how EU oversight of UK regulatory compliance is defined), while reiterating that no fundamental breach to the institutional SM architecture would be entertained.

The UK tactical bet seems to be that the attractions and importance of the UK as a trading partner will trump the determination of the EU
to conserve the complete integrity of the SM and its rules during this year’s negotiations. That appears wishful thinking.

Such a misguided approach detracts from a UK negotiating position that is best capable of maximising UK benefit from a least economically damaging settlement.

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Filed Under: Brexit, Time for a Social Democratic Surge Tagged With: brexit, CBI, Customs union, single market

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