Sir Daniel of Dyershire tells the truth....
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According to the Sunday Times Theresa May has suddenly grown a spine and is going to face down the hard line Brexiters in her cabinet and party and go for a soft Norway style Brexit. She reckons she would win a leadership election. At ****ing last, I’ve got to the stage where I couldn’t care less what we do, as long as we do something.
Let's hope she wins out over Rees-Mogg and his ERG loons. Robert Peston seems to think she can.....
This is one of the more important notes I've written recently, because it contains what well-placed sources tell me are the main elements of the Prime Minister's Brexit plan - which will be put to her cabinet for approval on Friday.
I would characterise the kernel of what she wants as the softest possible Brexit, subject to driving only the odd coach over her self-imposed red lines, as opposed to the full coach and horses.
And I will start with my habitual apology: some of what follows is arcane, technical and - yes - a bit boring. But it matters.
Let's start with the PM's putative third way on a customs arrangement with the EU, which has been billed by her Downing Street officials as an almalgam of the best bits of the two precursor plans, the New Customs Partnership (NCP) and Maximum Facilitation (Max Fac).
Last night I described this supposed third way as largely the NCP rebranded - which prompted howls of outrage from one Downing Street official.
But I stand by what I said. Because the new proposal of the PM and her officials, led on this by Olly Robbins, retains the NCP's most controversial element, namely that the UK would at its borders collect duties on imports at the rate of the European Union's common customs tariff.
The UK would in that sense be the EU's tax collector. And although the UK would have the right to negotiate trade agreements with third countries where tariffs could be different from the EU's or zero, companies in the UK importing from those countries would have to claim back the difference from Her Majesty's Revenue and Customs (HMRC), much in the way they currently claim or pay different VAT rates when trading with the EU.
The reason why, from a bureaucratic if not economic viewpoint, the UK would in effect remain in the EU's customs union is that there is no other way of avoiding border checks between the Republic of Ireland and Northern Ireland. Or at least that is what the PM and her officials now believe.
To be clear, this would be an asymmetric agreement with the EU: Theresa May may ask EU governments to collect customs duties on behalf of the UK from companies based in their respective countries, but she knows they will respond with a decisive no, nay, never.
Which may seem unfair. But actually this would only be a problem if there were an imminent prospect of a future British government wanting to impose higher tariffs than EU ones. And certainly the political climate now - outside of Trumpian America - is for lower tariffs.
Just to be clear, there will be some of Max Fac in this new synthesised customs plan: IT and camera technology employed to reduce the bureaucracy and frictions of cross-border trade.
But the True Brexiters won't be wholly relaxed (ahem) by what they are likely to see as NCP by another name.
And there's more, of course.
Because frictionless trade and an open border between Northern Ireland and the Republic cannot just be achieved by aligning customs collection rates.
It also requires alignment of product standards, for goods and agricultural products.
Or at least that is what the PM will insist on with her Cabinet colleagues.
And that alignment would in effect replicate membership of the single market for goods and agri-foods.
Which would see European standards and law continuing, ad infinitum, to hold sway over British manufacturing and food production - though the ultimate court of appeal in commercial disputes. would, in May's and Robbins's formulation, be an extra-territorial international court, like the European Free Trade Area's EFTA court.
Given that the ECJ would still have a locus below this final adjudicating tribunal, I assume the True Brexiters such as Jacob Rees-Mogg will be unamused.
But maybe they would take comfort that a British parliament could always withdraw from the trading arrangement, if there were concerns that the rest of the EU was discriminating against the UK.
At this juncture you are saying, I am sure, "oi! what about services?" - given that the UK is largely a service economy (80% of our economic output, our GDP, is generated by service businesses).
Well there is an aspiration to maximise access to the EU's giant market for services by aligning professional and quality standards, for example.
But equally there is a pragmatic recognition that maximising such access would require minimising restrictions on EU citizens moving to the UK to live and work; there is a calculation by Robbins and his officials that, among the EU's so-called four freedoms, free movement of services and free movement of people are pragmatically connected.
And since the PM has pledged to impose new controls on the free movement of people from the rest of the EU, she accepts that the EU will insist on some new restrictions on the sale of British services in its marketplace.
But May and her ministers are hopeful there is a deal to be done here, a trade-off: preferential rights offered to EU citizens to live and work in the UK, compared to the rights available to citizens from the rest of the world, for improved market access in Europe for British service companies.
We'll see.
In the round, you may conclude - as I have - that Theresa May wants a future commercial arrangement with the EU that is not as deep and intimate as Norway's, but is not a million miles from Switzerland's.
From which there follow two crucial if obvious questions.
Will the EU - its chief negotiator Michel Barnier and the 27 government heads - bite or balk?
If Barnier's word was gospel on this, the plan would be dead at birth, because it does put a wedge between the four freedoms: May wants complete freedom of movement for goods (and capital), but restrictions on people.
May's bet is that his employers, the 27 prime ministers and presidents, will be less dogmatic.
But what about her own cabinet and parliamentary party?
If they are in the True Brexit camp, like Davis, Johnson, Fox, and Gove, won't they cry "infamy, infamy, etc", threaten resignation and launch a coup to oust the PM?
Well, what the PM will say to them is that her deal, she believes, is the only one around that stands even the faintest chance of being agreed in Brussels (though, to repeat, you would be right to be sceptical of that).
Which carries a momentous implication - namely that if they reject her vision of Brexit, the default option of exiting the EU without a deal would become the sole option.
And although many True Brexiters would say "hip hip for that", if a no-deal Brexit were to become the only game in town, there would be a revolt of MPs and Lords against the executive, against the PM and her government.
Parliament would - almost certainly - reject exiting the EU without a deal and could, probably would, vote for the UK to join the European Economic Area and remain in the EU's single market.
That would, for most True Brexiters, turn the UK into what they call a "vassal state".
So come Friday, Johnson, Davis, Fox and Gove face an agonising choice: agree to a Brexit plan from May which will stick in their craws like a rotting mackerel head; or reject it and take the risk that what follows is almost their worst nightmare, not a clean no-deal Brexit, but the detested "Brino", or Brexit in name only.
Of course there is always a chance that if they shout and scream loudly enough, May will buckle - and will allow the cabinet to agree on obfuscation for the White Paper on her Brexit negotiating position, to be published 12 July, rather than a clear and unambiguous plan to be put to the EU, of the sort I've described.
If that were to happen, her authority would be undermined, perhaps fatally. And the possibility of there being no deal with the EU, on divorce and future relationship, would become a serious, potentially catastrophic probability.
Here's a likely scenario. May puts forward a soft Brexit - and the EU rejects it.
Why would the EU reject a soft Brexit?
Brussels is determined to punish the UK for keeping its red lines on coming out of the single market, customs union and leaving the jurisdiction of th ECJ. May will propose a contrived alternative but Brussels won't buy it.
Because the EU has been pretty clear that there are 3 options:Why would the EU reject a soft Brexit?
Because the EU has been pretty clear that there are 3 options:
- no deal
- Norway type deal (Switzerland not liked because of the ongoing argument about free movement)
- a Canadian type ‘simple’ trade deal
May apparently wants something different, between Norway and Canada, despite the fact that Barnier has the full backing of the 27 to stick to this line - they spent a grand total of 10 minutes discussing Brexit once May left the room last week. I don’t buy the ‘punish the UK’ line, I think they are more concerned about the integrity of the EU, which has a shedload of other problems to deal with.
I suppose you could add ‘stay in’ to that list, but I think that would not be the same as staying in on the terms Cameron negotiated, or even keeping the concessions like the rebate that Thatcher negotiated.
It’s time that the government made this very clear - the choice is about honouring the letter of the referendum but conceding that business/economics is the most critical thing and going for a Norway deal, because that’s what business wants, apparently, or honouring what I think the spirit of the referendum was and say we are 100% leaving and will perhaps have a simple trade agreement in the future, but the principle of sovereignty and controlling our own borders will be upheld.
The insane complexity and self contradictions inherent in this were shown today, with Gove’s fishing quota stuff. He’s saying that up to 95% of fish caught in UK waters could be landed by British boats, as opposed to the 45% now. But who is going to invest in getting into the fishing industry, as obviously our current fleet isn’t big enough to catch all these fishes, especially if tariffs are imposed on exporting fish -75% of our current catch is sold to EU countries.
I haven’t thought about this for a bit because nothing seems to have changed and all the discussions are circular, and I wish I hadn’t bothered now.
You cannot run a country where over 50% of the electrate are angry after being cheated by a Brino
But at least no deal, probably followed by a Canada type treaty, is honest, transparent and definitive.A no-deal situation is the worst possible outcome for this incredibly stupid position we're in.
Whenever people like Boris or Farage chime up with 'better no deal than a bad deal' I pretty much always have to fight my gag reflex. ANY deal, given how we've basically screwed ourselves, would be better than just walking away. Saying otherwise just panders to the Europhobes and the basest of those will always lap up such rhetoric. It's a too-common practice, seen globally. Trump does it in the US all the time. even Kim Jong Un does it - the messages just have to resonate, they don't have to be true.
We NEED a deal. If we're leaving (and I am even more convinced than ever that it's the WRONG thing to do) then get the best possible deal - but get a deal.
It's no longer over 50% Goldie, if indeed it ever was. Democracy is a process, not an event.
Only the loonies of the ERG and similar nutters could want a no-deal Brexit.
Well...And there was me thinking that 52% of the electorate voted to leave, Strolls!
Democracy is a process, not an event.
I don't think anyone wants a a no-deal Brexit. The problem is, the EU is incredibly inflexible. It was this inflexibility that led to the In/Out Referendum in the first place.
They want the UK to pay £39 billion plus, and be put in a box like Norway. But with the greatest respect to the great country of Norway, we are a bigger economy. Indeed, one of the biggest economies in the world, and the EU is heavily reliant on access to the City of London for financial transactions on the Euro etc
The "Norway deal" will never be acceptable because it's Brino. I anticipate the EU will push us towards a no-deal, by "Non, non, non..." ( and thus give impetus to the ERG), but possibly make concessions at the 11th Hour. Brexit won't be solved until then, so imo we have to prepare for a no-deal
Well...
Well.... no. The referendum happened because Cameron expected another coalition in 2015 and knew this was a big, simple bargaining chip that can be traded for lib dem support again. It also hit the UKIP vote, but that was by the by. He never expected a majority and so was then forced to either break an election promise or hold a referendum he didn't want.
The EU want us to pay what we are obliged to pay under the current agreement, up to and including the ady we leave. Everyone agrees that's fair except those who are looking for another stick to beat the EU with.
The idea that we're so much more important that Norway is a myth. Our economy might be larger, but the thing with the EU is that it's 28 member states with one vote each. You might make that differentiation, but the EU doesn't. Whilst certain countries inside the EU might wield more financial power, it's still one country, one vote. We've said we don't want to be in that group any more, and so we're treated the same as everyone else. And there's a model for non-member trading and customs - Norway. That's where we are headed. and it'll be a far better result than many expect or deserve. Not as good as staying in, of course, but then I'm sure many think I'm a traitor for saying so.
After all - surely you voted for what you thought was the best deal - not the worst? I'm constantly being told that Leave voters knew exactly what they were voting for...
There were 4 million UKIP votes after the referendum was in the Tory manifesto in 2015. You can't say that was the reason for the referendum being in their manifesto before any votes were cast.Sure the UKIP vote was relevant for Cameron. They got 4 million votes. He needed something, restrictions on freedom of movement of people to assuage the hostility to EU inflexibility. The EU sent Cameron back with "thin gruel" as it has been called, and the British people voted by a majority to leave. All this stuff by Strolls about rolling democracy is bunkum. We have to leave. The Tories and Labour are right on that. Then if ardent Remainers want to try to rejoin, that's up to them. I'm expecting Strolls to start his campaign next March.
The £39 billion - It's not as simple as that. The sum contains a lot of good will that we get a trade agreement. Otherwise, the EU must prove their case on each element of that sum. And there are any number of arguments by the UK that we contributed to projects in the EU which continue to give benefits to members and which we will now be precluded from. There are strong arguments for UK repayments and set-offs.
What's voting got to do with it? I'm talking about UK buying power from the EU member states, the amount of stuff we buy from them. Their industries that we help support. Any restrictions on free trade would be hugely damaging to them at a very difficult time for the EU. The recent EU talks over immigration solved absolutely nothing. If Brussels sabotages trade with the UK, it's another nail in the coffin of a failing institution.