Brexit Academics Believe White Paper to be ‘Brexit in Name Only’

A university-based research facility has described yesterday’s White Paper to be ‘Brexit, but in name only.’

Academics at Birmingham City University’s Centre for Brexit Studies have been examining May’s long awaited Brexit blueprint, in order to understand the Prime Minister’s plan for Britain’s exit from the European Union.

The most notable points being the common rules for goods covering only those rules necessary to enable frictionless trade at the border and no tariffs on any goods.

Professor Alex de Ruyter, Director of the Centre for Brexit Studies states: “Like the rest of the country and indeed the EU, we have long awaited the publication of the Brexit White Paper.

“The controversy of the last few days following the Chequers Summit has only added to the worry over the long awaited document.

“Today we learn that the plan appears to be exiting the European Union, whilst maintaining many of the same rules and freedoms that we currently subscribe to.

“The plan envisions that we will still participate in EU agencies that provide authorisations for goods in highly regulated sectors – namely the European Chemicals Agency, the European Aviation Safety Agency and the European Medicines Agency – accepting the rules of these agencies and contributing to their costs.

“We also note continued cooperation in terms of transport and energy and the exploration of reciprocal arrangements for road hauliers.  This is an issue that we have regularly raised at the Centre and it is interesting and encouraging to see the Government seeking to address it.

“The one change we do see, is the end of freedom of movement, but with several exceptions, for example, in the case of companies wanting movement of staff.

“So we want to continue to enjoy ease of travelling, whilst imposing restrictions on movement into the UK.  Crucially, the White Paper envisages that these will be, ‘in line with the arrangements that the UK might want to offer to other close trading partners in the future’.

“Will the EU agree to keeping almost everything the same, whilst rescinding on freedom of movement and losing the UK as part of the EU27?  I doubt it and I suspect that many Conservative backbenchers will be unhappy to commit to ‘binding provisions’ around future trading arrangements. Similarly, Jeremy Corbyn’s opposition may well oppose the envisioned rules over state aid and competition.  As such there is a very real possibility that the government’s proposals may fail to secure parliamentary approval in addition to the EU’s potential qualms over ‘cherry picking.’

“We await the EU’s response with bated breath and I believe we’re in for an interesting few months following that.”

The Centre continues to analyse all government outputs and to research the public perceptions and impact of Brexit on both a regional and national scale.

The Fisheries white paper – Where the Government has got it wrong.

The Fisheries White Paper was better than I was expecting and certainly a lot of thought has gone into the wording, but – and there is always a but – the whole paper has been written on the assumption that there will be an implementation/transitional period, which is far from guaranteed.

I was also surprised to see in the Executive Summary the following two statements:

1) We do not yet know the outcome of the UK’s negotiations to withdraw from the EU or on a future economic partnership.

2) Access to markets for fisheries products will be agreed as part of our future economic partnership, just as with other goods and food products. This is separate to the question of fishing opportunities and access to waters, which consequently will be addressed separately, founded on the UK’s legal status as an independent coastal state.

Those two statements by DEFRA are an honest assessment firstly because the withdrawal agreement which includes the implementation period, is not complete, so whatever the White Paper proposes, there is no guarantee that will happen, especially given we are a long way from securing any sort of trade deal. Secondly, we know full well that the EU will demand present levels of access into UK waters as part of a trade deal. Having sacrificed fishing during the Implementation period –  and those 21 months could be crucial for the survival of the UK’s fishing industry – will the same happen for a trade deal whereby the EU refuses to separate access to market and access to UK waters?. No one knows until that crunch point arrives.

The White paper, in my opinion, places too much emphasis on flawed the quota system. In this, it copies Norway and New Zealand. Neither of their fisheries management systems would rejuvenate our coastal communities. However it is admitted other management systems are available and HMG would be prepared to trial such systems, which I passionately believe would dramatically increase our scientific data, as every fishing vessel should­ become a scientific data point.

Throughout Brexit the UK has made the serious mistake of not understanding the functioning of the EU, and has therefore put forward proposals that were inevitably going to be rejected. It will be interesting to see what today’s White paper states, and if it in turn is expecting policy that the EU can’t provide.

Statement by Barry Legg, Chairman of the Bruges Group

Theresa May has decided to pursue a policy of Brexit in name only (BRINO). This arrangement will be worse than our current membership of the European Union as we will then be a vassal state.

If this policy is implemented the electoral consequences for the Conservative Party will be dire. I urge all members of the Bruges Group to contact their Conservative Member of Parliament if they are represented by one to explain that this is unacceptable. The decision of the British people to leave the European Union must be honoured. In many cases an appeal to a Member of Parliament`s self-interest is the most effective way of influencing him or her.

Next week on Wednesday evening we have a meeting at 7 o`clock at the ROSL with Nigel Dodds, leader of the DUP in the House of Commons, and Professor Patrick Minford. Patrick has an unapparelled knowledge and understanding of the huge economic benefits that are to be gained by leaving the European Union. Nigel Dodds, as Leader of the DUP, is the most influential figure at Westminster as his Party holds the balance of power. I hope that you will be able to attend this meeting to hear these outstanding speakers and give your views at this critical time for our country.

Barry Legg

Chairman of the Bruges Group

Small teacup, big storm?

The agreement hammered out at Chequers last Friday went down like a lead balloon among Tory Brexit supporters. Here is the text of the final statement.  Martin Howe QC, from Lawyers for Britain, produced a briefing which expressed grave concern that it would leave us tied in perpetuity to EU law and forced to accept binding rulings by the European Court of Justice.

The EU laws in question were those relating to goods, their composition, their packaging, how they are tested, etc etc, in order to enable goods to cross the UK/EU border without controls. This does, of course, raise the question as to how aware critics like Mr Howe actually are that many rules governing standards within the Single Market are not actually set by Brussels. The EU merely acts as a conduit for laws originating with global standards bodies to which we would have to be subject regardless of the Brexit model adopted.

Note the word “goods” rather than “trade”. Mrs May’s proposals would have seen the UK essentially remain in the single market for goods but not for services.  This was never going to wash with the EU. as some commentators were warning within hours of the statement being released.

Its pie-in-the-sky nature did not stop a deluge of negative comment. A majority of Conservative Party members regarded it as a bad deal, so said Paul Goodman after conducting a snap poll for Conservative Home.  More ominously, a poll commissioned by Change Britain suggested that a deal along the lines of that proposed by Mrs May would cost the Tories a lot of votes. For example, 32% of voters would be less likely to vote Conservative if the Government agreed a deal which results in UK laws being subject to rulings by EU courts and More than a quarter would be less likely to support the Conservative Party if a deal meant that the EU retained some or substantial control of the UK’s ability to negotiate our own free trade agreements.

Still, if the EU’s spokesmen had acted quickly to reject the deal out of hand, it would have been a storm in a teacup for the Tories, which would have blown over. Simon Coveney, the Irish Republic’s Foreign Minister, said that Michel Barnier would find it “difficult ” to accept the  proposals. It is now quite probable that he won’t have to do so as a crisis has erupted at the very heart of Mrs May’s government. On Sunday night, David Davis resigned. Effectively sidelined by Olly Robbins for many months, the most surprising aspect of Mr Davis’ announcement is that it has taken so long in coming. With him went his deputy Steve Baker. Mrs May reacted speedily and appointed Dominic Raab, a prominent Brexit supporter, to replace Mr Davis. However, within hours of Mr Davis going, Boris Johnson resigned as Foreign Secretary.

This means that a small teacup is producing what could turn out to be a considerable storm. Mrs May is due to meet her backbenchers later this evening and especially given her decision to brief Labour and Lib Dem MPs on her Brexit proposals, the mood is likely to be sombre if not angry.

One Labour source said of this meeting, “It’s an opportunity to tell the PM’s chief of staff why the Government has got it so wrong.”  With that, we would agree.  Almost every government publication on the subject of Brexit is, at best muddled.  The fisheries white paper also appeared last week – its publication somewhat overshadowed by the dramatic events following the Chequers meeting.  We will provide some further comment oin this later this week, but suffice it to say it seems very optimistic, ignoring the determination of the EU to preserve its access to our waters and to control the allocation of quota if it gets half a chance.

With events happening so quickly, it is impossible to predict whether Mrs May will face a leadership challenge or indeed whether the Brexit talks will break down. However, we have been saying for some time that a crisis is essential if the disastrous Brexit plans hatched by Mrs May, including the fatally flawed transitional arrangements, are to be jettisoned. At long last, it looks like the crisis has arrived.

 

Report from Glasgow

Having travelled up to visit relatives who were not well, it was a surprise to find that the ORANGE WALK had been routed past our hotel, so we heard many, many flute and accordion bands, from Scotland, England and Northern Ireland – drums under the window – the rattle of the drums and the deep booming thud of the bass drums against the shrill flutes – on their way to Bellahouston Park where their leaders were to demand that the SNP Scottish government should STOP TRYING TO OVERTURN THE REFERENDUM which  resulted in a vote for Scotland to remain part of the UK.

 “The best-laid schemes of mice and men gang aft agley” – Robert Burns

I reflected how the Labour planners of devolution had congratulated themselves that their scheme was ingeniously clever. It gave so much power to the Scottish Parliament that it would surely take the wind from the nationalist sails and the electoral system was such that no single party would ever be able to command a majority. They were wrong on both counts!

Flute bands are a bit samey and I lost count of them. We had been told to expect twenty six but press reports said there were over sixty. Tunes varied from “When the Saints Go Marching In” and “Onward Christian Soldiers” to the more traditional Irish tunes, including the oft-repeated strains of “The Sash” with which I had become familiar on other occasions-

“Sure it’s old but it is beautiful and its colours they are fine.

It was worn at Derry, Aughrim, Enniskillen and the Boyne.

My father wore it when a youth in bygone days of yore,

And on the Twelfth I’ll always wear the sash my father wore”.

Many of the Scottish and English bands would be with their Northern Ireland brethren on that day. Brethren and sisters too. Ladies were playing in many of the bands. Lodges were often headed not just by a drum major but by a young person carrying an open bible, ahead of the lodge banner and other colours – a symbol of the sole claimed source of authority, freely available to all without the intervention of a church hierarchy.

It was a sweltering day. We decided to seek a quieter quarter of the town. If there was going to be any trouble, it would be when the lodges returned from their meeting in the park, having drunk deep. I believe there were four arrests that day which, considering the thousands of marchers and spectators, was insignificant.

So we adjourned to a quiet bar parlour where the television was showing the England v Sweden football match. Not being a sporting enthusiast, I had not watched a match from start to finish before. I found the skill quite gripping. The crowd in the pub was certainly not anti-English, cheering the English goals scored and getting equally excited when Sweden came close.

It’s never difficult to distinguish between a Scotsman with a grievance and a ray of sunshine” – P.G. Wodehouse

As a (small u) unionist I sometimes get fed up with the incessant aggressive whingeing tone of Scottish and other nationalists but find this site to be frequently businesslike and objective. The distance between the author, James Kelly, and his subject, Theresa May has lent an accurate perspective and sharp focus to the author’s view. His latest post is reproduced in full.

The Brexit Delusion over who calls the shots

I don’t know about anyone else but I’ve been rubbing my eyes in disbelief over the last few hours. If you’ve been listening to the mainstream media’s verdict about what was agreed a Chequers, you’d be forgiven for thinking that the fabled Brexit deal that Theresa May has been tasked with striking needed only to be a deal with the rest of her own cabinet, and not with the European Union. By that rather lower standard, what has just happened might be seen as a stunning personal triumph for the Prime Minister and a guarantee of a (somewhat) softer Brexit, exactly as Stormfront Life is claiming tonight. The agreement will only be subject to a few modifications if Brussels raises any objections, reveals The Guardian, which apparently believes that the EU has only a limited consultative role in the whole process.. It’s the old imperial delusion – decisions are things that happen in London. The same commentators who complacently tell us that an indyref is a non-starter because Theresa May will say “no” also apparently believe that it’s a mere point of trivia that the EU have already ruled out many elements of May’s Brexit proposal. Back in the real world, without the EU’s assent there is no deal at all, and that would mean the hardest of hard Brexits.

A rare injection of realism was provided by Sam Coates of The Times, who acknowledged that the EU may well still insist on a straight choice between a looser Canada-type deal and the Norway model that would entail the retention of the single market. But he argued that the Chequers proposal was about 80% of the way towards the Norway model, thus making it that much easier for the Prime Minister to jump towards Norway if forced to choose. What he didn’t expand on is the consequence of such a decision. It’s highly debatable whether the government really are now 80% of the way towards Norway, but even assuming for the sake of argument that they are, the reason they haven’t travelled the remaining 20% of the distance is that doing so would completely breach the red lines on formally leaving the single market and ending freedom of movement. Some may say that a Soft Brexit is inevitable because there is a natural parliamentary majority for it – but that majority is cross-party in nature and neither the government nor the Prime Minister are sustained in office on a cross-party basis. I find it in conceivable that a Tory government led by Theresa May could keep Britain in the European Economic Area or retain freedom of movement, even if they wanted to.

And if that proves correct, there are really only four alternatives –

  1. The EU backs down and accepts British cherry-picking of the most desirable aspects of the single market and customs union. This is almost unimaginable because it would create a precedent that Eurosceptics in other countries would try to follow, thus risking the unravelling of the EU.
  2. A Canada-type deal is negotiated after all. This is possible but it would require turning the super-tanker around, because it’s clearly not close to what Theresa May has in mind at the moment. It would mean a very hard Brexit in any case.
  3. There is no deal at all
  4. The Prime Minister’s failure to strike a deal (or a deal that is consistent with her red lines) triggers a political crisis that results in a change of leadership and/or a general election.

I can recall at least two previous occasions when we’ve been told that the PM has made a decisive move towards a soft Brexit, only for us to realise weeks later that there had been no change of any real significance. I fully expect the same to prove true on this occasion. “

(My emphasis because I remember exactly the same thing – Edward)

What is the truth of freedom of movement?

Whilst it is often stated that Freedom of Movement is a non-negotiable and a fundamental indivisible principle of the Single Market, the truth is actually far more complex.  The ‘four freedoms’ are not indivisible for countries outside the EU, such as those who are members of the European Economic Area, (EEA).

Furthermore, the EU has made provision in legally binding and proposed agreements unilaterally to control freedom of movement along with the other freedoms of the Single Market.  The UK could do the same if it remained a member of the Single Market (and wider European Economic Area, EEA) by re-joining The European Free Trade Association (EFTA).  The same actually applies to the EU’s proposed draft text to the Withdrawal Agreement.  Thus Mrs May and her government are, at least in this regard, determined to pursue a Brexit strategy (Brexit in name only) which is far worse than what is actually available utilizing existing established agreements.

The EEA Agreement governs the Single Market (and wider EEA)

The operation of the Single Market (and wider EEA) is set by the EEA Agreement, to which all Member States of the EU and EFTA (excluding Switzerland) are signatories. For the EFTA/EEA members, the EEA Agreement is amended by the addition of Annexes and Protocols.  Thus the EFTA countries have bespoke variations on the basic EEA Agreement. EFTA countries also have greater flexibility since powers retained by individual EFTA countries have often been removed from the individual Member States of the EU and transferred to the European Commission or its agencies (acting for the whole EU).  Consequently EU Member States often find they cannot act unilaterally, whilst individual EFTA countries can do so and they make use of this freedom to serve their interests.

Within the EEA Agreement Freedom of Movement is Unilaterally Controllable

The Single Market (and wider EEA), has free movement of goods, persons, services and capital as basic principles. However, the EEA Agreement also includes an opt-out which can be applied unilaterally by EFTA countries (see Chapter 4, Safeguard Provisions, Article 112), but obviously not by Members States of the EU.  It states:

Safeguard Provisions, Article 112

  1. If serious economic, societal or environmental difficulties of a sectorial or regional nature liable to persist are arising, a Contracting Party may unilaterally take appropriate measures under the conditions and procedures laid down in Article 113.
  2. Such safeguard measures shall be restricted with regard to their scope and duration to what is strictly necessary in order to remedy the situation. Priority shall be given to such measures as will least disturb the functioning of this Agreement.
  3. The safeguard measures shall apply with regard to all Contracting Parties.

This opt-out is intended to be “temporary” (until a permanent solution is implemented), but nevertheless can be invoked and maintained in the absence of that permanent solution.  It has already been used by Liechtenstein to control immigration and Iceland to control capital flows in the wake of the financial crisis.

The EU’s Ability to Unilaterally Control Freedom of Movement

So useful and/or essential does the EU regard Articles 112 and 114 of the EEA Agreement that, rather than them being toothless window-dressing, it chose to include them virtually unchanged in its draft Withdrawal Agreement, Article 13 (Protocols NI) which states:

Article 13 Safeguards

  1. If the application of this Protocol leads to serious economic, societal or environmental difficulties liable to persist, the Union or the United Kingdom may unilaterally take appropriate measures. Such safeguard measures shall be restricted with regard to their scope and duration to what is strictly necessary in order to remedy the situation. Priority shall be given to such measures as will least disturb the functioning of this Protocol.
  2. If a safeguard measure taken by the Union or the United Kingdom, as the case may be, in accordance with paragraph 1 creates an imbalance between the rights and obligations under this Protocol, the Union or the United Kingdom, as the case may be, may take such proportionate rebalancing measures as are strictly necessary to remedy the imbalance. Priority shall be given to such measures as will least disturb the functioning of this Protocol.

The EU is intentionally ensuring, whether the UK is in the EEA or not, that the EU can unilaterally restrict immigration into the remaining Member States from the UK. The EU is also agreeing here that the UK can unilaterally restrict immigration from the remaining Member States into the UK.

Implementing the Safeguard Measures Immediately

In the UK, there are permanent economic, infrastructural and societal factors which would justify implementing the existing Safeguard Measures immediately, as of 29th March 2019, when we supposedly leave the EU whilst de facto remaining within the Single Market.  Subsequently it would be prudent to negotiate the introduction of specific clauses to enshrine a right to permanent or longer term control.

Why the untruths about Free Movement?

The kindest explanation as to why Freedom of Movement is misrepresented is that many politicians are actually being economical with the truth, and are avoiding the fuller picture which contradicts their claims.  They may also fail to understand the subtleties of that fuller picture.   This is somewhat obvious in Mrs May’s Lancaster House speech 17th January 2017 where she appears to have accepted some very disingenuous claims about free movement. Here are her words:

But I want to be clear. What I am proposing cannot mean membership of the single market.

European leaders have said many times that membership means accepting the ‘4 freedoms’ of goods, capital, services and people. And being out of the EU but a member of the single market would mean complying with the EU’s rules and regulations that implement those freedoms, without having a vote on what those rules and regulations are. It would mean accepting a role for the European Court of Justice that would see it still having direct legal authority in our country.

Mrs May also appears to fail to understand how the EU and EEA works, including the subordination of the European Court of Justice. These are explained in more detail here with links to further information.

The great tragedy of missed opportunity

This country desperately needs the powers to choose who we should let in and under what circumstances. This was one of the loudest great messages from the Brexit Referendum result. Voters want us to be able to control our borders. To repeat, that power of control is there in legal texts. It could have been grasped by Mrs May and her colleagues in government if they had chosen to do so.   They have chosen – at least up to now – instead a path of uncertainty, cave-ins to the EU and potential chaos.  It is a price the British people should not have to bear.