Would Scotland REALLY want to rejoin the EU after Brexit?

Nicola Sturgeon is currently attempting to create the momentum for a second Scottish independence referendum  – alias “Indyref 2”. The 2014 referendum was described at the time as a “once in a generation” but Sturgeon said last Monday that because the UK voted to leave the EU but Scotland did not, there has been a “change in material circumstances” since 2014 that justifies a second vote. She wants to give Scottish voters the option “to follow the U.K. to a hard Brexit — or to become an independent country.”

“Scotland’s future will be decided not just by me, the Scottish government or the (Scottish National Party),” she said. “It will be decided by the people of Scotland. It will be Scotland’s choice. And I trust the people to make that choice.”

Some recent reports claim that the SNP’s plan for an independent Scotland now involve gaining access to the Single Market by rejoining EFTA rather than trying to rejoin the EU. No doubt we will know more after the party’s forthcoming spring conference this weekend, but given the activities of malign individuals like Tony Blair south of the Border,  it is hard to believe that all Scots – and the SNP leadership in particular – have thrown in the towel as far as membership of the EU is concerned.

Perhaps, however, reality is beginning to dawn on at least some pro-remain Scots that rejoining the EU would be on massively disadvantageous terms because the country would not benefit from the opt-outs which successive British Prime Ministers the UK fought for and which the whole UK currently enjoys.

Were Scotland to overcome concerns in Madrid, which is worried about the Catalan separatist movement, as a new state joining the EU, this would be its fate:-

(a) It would have to adopt  the euro currency  – although this can be deferred somewhat.
Furthermore, what currency would a newly independent Scotland use between leaving the UK and joining the EU? Would it use the euro unofficially like ( say) Montenegro?

What is more, to join the Eurozone,  Scotland’s top- heavy public sector would have to be pruned as vigorously as in the “club Med” countries like Greece where many unemployed people no longer have access to the NHS and long-term unemployed households are on income of only 8.40 euros per day

(b) Scotland would not have the derogations which the UK presently enjoys. For instance, VAT would have to be added to food, children’s clothes, books and house sales. The minimum rate would be 5 per cent. But much, much more would be required to make good the deficit left by the withdrawal of subsidies from England

(c) If there were a strong possibility of a yes vote, financial institutions, pension funds, mutual organisations,  charities and other investors with members and clients in England would have a duty of care to protect them from currency risks, possible exchange restrictions and seizure of money from bank accounts (as happened in Cyprus), as an independent government would quickly become financially desperate. This would undermine the position of the considerable Scottish financial,sector.

(d) Scottish energy policy has been based on selling overpriced “renewable” electricity to England and buying cheap, conventionally produced electricity in the other direction when the wind doesn’t blow.
With the discrediting of the global warming myth, Independence would give England an excellent opportunity to discontinue the arrangement.

(e) The unkindest cut of all. There are already excellent English and Welsh whisky brands which could quickly be expanded and much reduce England’s demand for Scotch whisky.

(f) The much smaller area of Scottish territorial waters and Exclusive Economic Zone (Compared with those of the UK as a whole) would be shared among an unchanged number of EU trawlers, barred from English waters by Brexit.

All in all, the prospects for Scotland if it tries to re-join the EU do look bleak.  It is hard to say how widely these negative impacts are known among the Scottish population – or indeed, by Scotland’s politicians. As mentioned above, it is possible that the SNP’s recent talk of looking at EFTA rather than EU membership may be due to their recognition of  harsh reality of these disadvantages.

However, in the event of any attempt to whip up support for re-joining the EU by the SNP or anyone else, we believe the points set out above need to be widely publicised throughout Scotland. For anyone wishing to start the ball rolling, this helpful website gives a list of all Scottish newspapers, great and small.

Another nail in the coffin of the Single Market?

Last month, an event occurred which got little fanfare, but is likely to have a significant effect on the future of the UK, especially after Brexit. What happened was that the WTO Trade Facilitation Agreement has now entered into force

Lord Lamont, the former UK Chancellor of the Exchequer wrote in The Telegraph:wto

The single market is open to all advanced economies, in exchange for paying a relatively modest tariff of 3 to 4 per cent, something that evidently does not stop non-EU countries from selling within it.

‘Every developed country has access to the single market. The EU has a relatively low external tariff with the exception of certain goods such as agriculture.’[i]

When taken prima facie, Lord Lamont’s comments are seemingly correct. Only those countries who are essentially rogue states or have violated international agreements don’t have the ability to conduct trade with the EU, and the EU’s external tariffs are fairly low.

But Tariffs are only half of the story.

The problem of tariffs could be easily addressed by the UK signing a goods Free Trade Agreement (FTA) with the EU. Given the high volume of UK- EU 27 trade, this is seemingly a given.

A basic FTA need not take long to complete. The EU’s earlier iteration the European Economic Community (EEC) concluded basic FTAs in the early 70’s that took 6-7 months to agree, sign and come into force.

But the other half of the story relates to non-tariff barriers (NTBs), sometimes called “Non-Tariff Measures (NTMs)”. These comprise everything else that can slow down trade or make it more expensive or complex.

The European Commission describes the Single Market as:

‘…one territory without any internal borders or other regulatory obstacles to the free movement of goods and services. The Commission works to remove or reduce barriers to intra-EU trade and prevent the creation of new ones so enterprises can trade freely in the EU and beyond. It applies Treaty rules prohibiting quantitative restrictions on imports and exports (Articles 34 to 36 TFEU ) and manages the notification procedures on technical regulations (2015/1535) and technical barriers to trade.’[ii]

So the Single Market goes beyond tariff reduction, and encompasses far more than just a Free Trade agreement. This is why the ‘remain’ side in the EU referendum campaign were so concerned about the UK leaving the European Union’s Single Market.

‘Remainers’ believe that after Brexit, even if the UK does get a Free Trade Agreement, our importers and exporters will be deluged with red tape, endless forms, checks and other barriers to entry as we will be operating outside the Single Market.

These are valid concerns, but we believe they are largely exaggerated – and here are the reasons why:

wco

The EU has signed up to the WCO

In July 2007[iii], the EU signed up to the World Customs Organization (WCO) which works to enhance customs co-operation between signatory countries and works to simplify issues such as Rules of Origin (ROO).

From the European Commission’s own press release:

‘On 30 June 2007, the Council of the World Customs Organization (WCO) decided to accept the request of the European Union to join the WCO as of 1st July 2007. This decision grants to the European Union rights and obligations on an interim basis akin to those enjoyed by WCO Members.

‘The WCO plays an important role in promoting international customs co-operation and addressing new challenges for customs and trade. It is deeply involved in designing and implementing policies worldwide that integrate measures, which help ensure supply chain security, combat counterfeiting, promote trade and development, as well as guarantee efficient collection of customs revenues. Membership of the WCO highlights and confirms the central role and competence of the EU in international discussions on customs issues including customs reform. EU involvement in the WCO will focus on the full spectrum of customs issues, in particular the following broad areas:

  • Nomenclature and classification in the framework of the Harmonised system;
  • Origin of goods;
  • Customs value;
  • Simplification and harmonisation of customs procedures and trade facilitation;
  • Development of supply chain security standards;
  • Development of IPR enforcement standards;
  • Capacity building for customs modernisation and reforms, including in the context of development cooperation;
  • Mutual Administrative Assistance for the prevention, investigation and repression of customs offences.

‘The EU is a contracting party to several WCO Conventions, and contributes to the work of this organisation, including by ensuring presence and coordination with the Member States in defining and representing EU positions in the relevant bodies managing these conventions.’

The UK signed up to the WCO in the 1950’s and is a signatory in its own right, so will be able to address customs issues with the EU via this body after Brexit.

Harmonisation with EU rules

The UK’s rules and regulations are already synchronised with EU/EEA (European Economic Area) regulations and standards after decades of membership. This will also be true on the day after Brexit due to the Great Repeal Bill. Hence a strong (if not overwhelming) argument for ‘rules equivalence’ can be made.

The WTO Agreement on Rules of Origin (ROO)

This agreement encourages WTO countries (including all EU countries) to have fair and transparent rules pertaining to Rules of Origin:

 wtostructure

These rules state that:

‘Rules of origin shall not themselves create restrictive, distorting, or disruptive effects on international trade.  They shall not pose unduly strict requirements or require the fulfilment of a certain condition not related to manufacturing or processing, as a prerequisite for the determination of the country of origin….rules of origin are administered in a consistent, uniform, impartial and reasonable manner’.[iv]

Guidelines in the EU treaties

treatylisbon

Article 8 of the Lisbon Treaty states that:

‘The Union shall develop a special relationship with neighbouring countries, aiming to establish an area of prosperity and good neighbourliness, founded on the values of the Union and characterised by close and peaceful relations based on cooperation.[v]

As the UK will become a new ‘neighbouring country’ after Brexit, the EU is compelled to deal with us according to the Article 8 terms.

WTO Technical barriers to trade Agreement

The TBT agreement is key – it means that signatories (again, including the EU) agree to abide by rules about international product and technical standards. From the European Commission’s website:

‘The TBT notification procedure helps prevent the creation of international technical barriers to trade. It was introduced by the Agreement on Technical Barriers to Trade (the TBT Agreement), a multilateral agreement administered by the World Trade Organisation (WTO). It gives participants advanced knowledge of new technical regulations or conformity assessment procedures envisioned by other countries. The EU’s participation in the TBT Agreement helps businesses in EU countries access markets outside the EU.’

Aim of the TBT notification procedure

To avoid any potential technical barriers to trade, WTO Members submit national legislation at draft stage to other members of the TBT Agreement. They can then assess the impact on their exports and identify any provisions breaching the Agreement.

While allowing all WTO Members to maintain their right to adopt regulations, the TBT Agreement aims to:

  • prevent the creation of unnecessary and unjustified technical barriers to international trade;
  • prevent the adoption of protectionist measures;
  • encourage global harmonisation and mutual recognition of technical standards;
  • Enhance transparency.[vi]

The commission somewhat downplays the TBT agreement, however. What it actually states is that:

‘Members shall ensure that in respect of technical regulations, products imported from the territory of any Member shall be accorded treatment no less favourable than that accorded to like products of national origin and to like products originating in any other country.

‘Members shall ensure that technical regulations are not prepared, adopted or applied with a view to or with the effect of creating unnecessary obstacles to international trade.

‘Where technical regulations are required and relevant international standards exist or their completion is imminent, Members shall use them, or the relevant parts of them, as a basis for their technical regulations. Members shall give positive consideration to accepting as equivalent technical regulations of other Members, even if these regulations differ from their own, provided they are satisfied that these regulations adequately fulfil the objectives of their own regulations.’[vii]

Since UK regulations and standards will be equivalent to their EU counterparts from day one, and will continue to meet international standards going forward, it will be extremely difficult for the EU to reject UK products sold into the EU market.

WTO Trade Facilitation Agreement

The most recent agreement, the WTO Trade Facilitation Agreement (TFA) will further increase trade co-operation.

As the WTO website states:

‘The TFA contains provisions for expediting the movement, release and clearance of goods, including goods in transit. It also sets out measures for effective cooperation between customs and other appropriate authorities on trade facilitation and customs compliance issues. It further contains provisions for technical assistance and capacity building in this area.’[viii]

Perhaps especially important for Northern Ireland post-Brexit, the TFA also states that:

‘Each Member shall ensure that its authorities and agencies responsible for border controls and procedures dealing with the importation, exportation, and transit of goods cooperate with one another and coordinate their activities in order to facilitate trade.

‘Each Member shall, to the extent possible and practicable, cooperate on mutually agreed terms with other Members with whom it shares a common border with a view to coordinating procedures at border crossings to facilitate cross-border trade.’

The WCO welcomed the ratification of the TFA agreement in their press release of 22 February 2017, in which they wrote:

‘The World Customs Organization (WCO) congratulates the World Trade Organization (WTO) on the entry into force today of the WTO Trade Facilitation Agreement; an agreement that will expedite the movement, release and clearance of goods, including goods in transit, and which sets out measures for effective cooperation between Customs and other authorities, as well as provisions for technical assistance and capacity building in this area.

‘The WCO takes this opportunity to highlight that it will continue to seek improvements throughout the global supply chain to obtain the highest levels of safety, security and integrity, which will enhance trade facilitation for compliant actors. This will ultimately have a positive effect on the relationship between all border agencies and the Private Sector.

‘The entry into force of the Trade Facilitation Agreement (TFA) is an important milestone for the international trade and Customs community, coming about as a result of the fact that it has been ratified by 110 WTO Members, which pushes it above the threshold needed to take effect, namely ratification by two-thirds of the WTO’s 164 Members.’[ix]

In conclusion:

  • The volume and UK and EU will likely at least sign a basic goods FTA; meaning tariff-free goods trade will continue.
  • The UK’s rules and regulations are already synchronised with EU regulations and standards. This will also be true on the day after Brexit.
  • The UK and EU are signed up to the WCO, which exists to help simplify and resolve customs issues.
  • The WTO TBT agreement prohibits the EU from banning UK goods that meet international standards.
  • The WTO agreement on Rules of Origin means that the EU will have to ensure rules of origin are administered “in a consistent, uniform, impartial and reasonable manner” when dealing with exports from the UK.
  • The WTO Trade Facilitation agreement means the EU must co-operate with the UK on issues around the “movement, release and clearance of goods”.

When we combine these factors together we see that after Brexit, UK trade with the EU will be very similar after Brexit as before Brexit.

The EU has signed up to many agreements and treaties which in effect reduce the uniqueness of the single market.

Britain can therefore essentially have almost duplicate trade relationship by falling back on these international agreements (if necessary) which would mean that the UK could have the majority of the benefits of Single Market membership, but be free to choose which rules to obey when not exporting to the EU 27 countries or for domestic sale.

The TFA might not then be the final nail in the Single Market coffin (it is still useful to EEA members), but it is one substantial step towards reducing the importance of the Single Market to a post-Brexit UK.


[i] http://www.telegraph.co.uk/news/2016/06/13/not-only-can-britain-can-leave-the-eu-and-have-access-to-the-sin/

[ii] https://ec.europa.eu/growth/single-market_en

[iii] https://ec.europa.eu/taxation_customs/business/international-affairs/international-customs-cooperation-mutual-administrative-assistance-agreements/world-customs-organization_en

[iv] https://www.wto.org/english/docs_e/legal_e/22-roo_e.htm

[v] http://www.lisbon-treaty.org/wcm/the-lisbon-treaty/treaty-on-european-union-and-comments/title-1-common-provisions/6-article-8.html

[vi] https://ec.europa.eu/growth/single-market/barriers-to-trade/tbt_en

[vii] https://www.wto.org/english/docs_e/legal_e/17-tbt.pdf

[viii] https://www.wto.org/english/tratop_e/tradfa_e/tradfa_introduction_e.htm

[ix] http://www.wcoomd.org/en/media/newsroom/2017/february/wco-welcomes-entry-into-force-of-the-wto-trade-facilitation-agreement.aspx

This article first appeared on the Bruges Group website and is used with permission.

Keep the champagne on ice for a few more days!

 *** Post Script: Since this article was first posted on the website, it has been announced by a Downing Street spokesman that Mrs May will trigger Article 50 on Wednesday Week – March 29th. ***

Following Brexit developments since the memorable vote on 23rd June last year has been rather like watching paint dry. However, it does finally look like the long wait is over. The European Union (Notification of withdrawal) Bill has finally completed its passage through Parliament in its original form. The amendments proposed by the House of Lords were defeated in the Commons and now only Royal Assent is required.

Government sources have said that Mrs May will invoke Article 50 in the final week of March. A decision to do so straight away would be seen as playing into the hands of Dutch eurosceptic parties. A General Election is being held in the Netherlands tomorrow (March 15th) and Geert Wilders’ Partij voor de Vrijheid has been topping many recent opinion polls. At a time when accusations are flying here, there and everywhere about foreign interference in domestic elections, Mrs May will not want to give the EU any reason to accuse her of such behaviour, given the negotiations will be delicate enough as things stand.

Mrs May needs to steer clear of 25th March for similar reasons. This date marks 60 years since the signing of the Treaty of Rome, which formally established what has become the European Union. Celebrations are planned in Rome to mark the event and although the beginning of the Brexit will inevitably have to be fairly close to the festivities, triggering Article 50 immediately before March 25th would not win us many friends.  To  celebrate the beginning of Brexit at a time when EU-27 will be attempting to celebrate the European Union’s achievements against a backdrop of rising euroscpticism across the Continent would not be very good manners. Let’s face it, many of us who worked so hard to ensure our countrymen voted to leave the EU will surely want to crack open a bottle of champagne when the  formal departure process begins. Let’s keep it on ice for that bit longer. It won’t do us any harm.

Domestic politics also have limited Mrs May’s options. The SNP holds its Spring Conference in Aberdeen this coming weekend with Nicola Sturgeon threatening a second independence referendum following the Brexit vote. Mrs May has declared herself a strong supporter of “our precious union” and therefore wisely does not want to fan the flames of Scottish nationalism given that the result of a second referendum could be hard to call.

It is a relief, however, that the final obstacles in the way of triggering Article 50 have been surmounted. Then begins the hard graft. Unless both parties agree to an extension, we have to get a deal in two years which will enable our economy to function on day 1 of Brexit. There has been much posturing on the EU side, with talk of a big divorce settlement for the UK. It may turn out to be nothing more than a demand to honour our commitments to the end of the current seven-year EU budget cycle.

However, obstructive behaviour will benefit neither side.  If no agreement has been reached two years after Article 50 is triggered,  the Treaties no longer apply in our country and the UK and the EU would face a nightmare scenario in trying to relate to each other without any legal basis for so doing.

It is hard to imagine anyone wishing for such a calamity, but it is very apparent that our negotiators are going to have their work cut out to come up with a comprehensive settlement. Therefore, while we may be popping the champagne corks at some point before the end of March, it will be no more than a brief moment of light relief before the beginning of what is going to be a long, hard slog.

The day the referendum became inevitable

Now some of us have been fighting the good Eurosceptic fight for decades. I take my hat off to those veterans who have been keeping the flame alive for far longer than I. The Campaign for an Independent Britain’s very own Edward Spalton is one such. I came late to the struggle. It was not until I read the Maastricht Treaty back in ’94 that I realised the truth about the EU.

But although we have all played our part, I think that there was one key moment that was the true turning point in relations between Britain and the EU. I want to take a moment to give credit where it is due and remember that moment.

It came in October 2011 when David Nuttall, Member of Parliament for Bury North, brought a motion to the House of Commons. That motion read:

“That this House calls upon the Government to introduce a Bill in the next session of Parliament to provide for the holding of a national referendum on whether the United Kingdom should

(a) remain a member of the European Union on the current terms;

(b) leave the European Union; or

(c) re-negotiate the terms of its membership in order to create a new relationship based on trade and co-operation.”

This was not the only such motion to have been put forward over the years, but when it came to a vote in the House of Commons on 25th October 2011, it impact was massive. Prime Minister David Cameron had set his face against this motion. He ordered the Whips to do their worst to ensure that it got as little support as possible. There was no chance that it would be passed, the votes of Labour and the Lib-Dems would see to that, but it was crucial to Cameron’s authority that only a handful of Tory MPs vote for it.

The Whips went to work and made it very clear to each and every one of the Conservative MPs that it was career suicide to vote for Nuttall’s motion. When it became clear that Nuttall had rather more support than Cameron had expected, the Whips doubled down and went to work with a vengeance. All the dark arts of political arm twisting were employed. MPs with embarrassing incidents in their past were told that these faux pas would see the light of day. Those who hankered after a nice holiday with the wife were promised “fact finding missions” to exotic locations.

No stone was left unturned. No MP was left unaware of what rebellion would do their career. No ploy was too low or too dirty to be used. Anecdotes abound of what went on behind the scenes during the 36 hours leading up to the vote.

But when the votes were counted a staggering 81 Conservative MPs had backed Nuttall. Given the number of ministerial positions that obliged their holders to back the government, that was a truly astonishing figure for a rebellion on such a high-profile issue where the Prime Minister had nailed his colours to the mast.

It was, I believe, the day that an In-Out referendum on the European Referendum became inevitable.

So here are their names. Honour them. We owe them our freedom and our liberty.

Stuart Andrew (Pudsey), Steven Baker (Wycombe), John Baron (Basildon & Billericay), Andrew Bingham (High Peak), Brian Binley (Northampton South), Bob Blackman (Harrow East), Graham Brady (Altrincham & Sale West), Andrew Bridgen (Leicestershire North West), Steve Brine (Winchester), Fiona Bruce (Congleton), Dan Byles (Warwickshire North), Douglas Carswell (Clacton), Bill Cash (Stone), Christopher Chope (Christchurch), James Clappison (Hertsmere), Tracey Crouch (Chatham & Aylesford), David Davies (Monmouth), Philip Davies (Shipley), David Davis (Haltemprice & Howden), Nick de Bois (Enfield North), Caroline Dinenage (Gosport), Nadine Dorries (Bedfordshire Mid), Richard Drax (Dorset South), Mark Field (Cities of London & Westminster), Lorraine Fullbrook (South Ribble), Zac Goldsmith (Richmond Park), James Gray (Wiltshire North), Chris Heaton-Harris (Daventry), Gordon Henderson (Sittingbourne & Sheppey), George Hollingbery (Meon Valley), Adam Holloway (Gravesham), Stewart Jackson (Peterborough), Bernard Jenkin (Harwich & Essex North), Marcus Jones (Nuneaton), Chris Kelly (Dudley South), Andrea Leadsom (Northamptonshire South), Jeremy Lefroy (Stafford), Edward Leigh (Gainsborough), Julian Lewis (New Forest East), Karen Lumley (Redditch), Jason McCartney (Colne Valley), Karl McCartney (Lincoln), Stephen McPartland (Stevenage), Anne Main (St Albans), Patrick Mercer (Newark), Nigel Mills (Amber Valley), Anne-Marie Morris (Newton Abbot), James Morris (Halesowen & Rowley Regis), Stephen Mosley (Chester, City of), Sheryll Murray (Cornwall South East), Caroline Nokes (Romsey & Southampton North), David Nuttall (Bury North), Matthew Offord (Hendon), Neil Parish (Tiverton & Honiton), Priti Patel (Witham), Andrew Percy (Brigg & Goole), Mark Pritchard (Wrekin, The), Mark Reckless (Rochester & Strood), John Redwood (Wokingham), Jacob Rees-Mogg (Somerset North East), Simon Reevell (Dewsbury), Laurence Robertson (Tewkesbury), Andrew Rosindell (Romford), Richard Shepherd (Aldridge-Brownhills), Henry Smith (Crawley), John Stevenson (Carlisle), Bob Stewart (Beckenham), Gary Streeter (Devon South West), Julian Sturdy (York Outer), Sir Peter Tapsell (Louth & Horncastle), Justin Tomlinson (Swindon North), Andrew Turner (Isle of Wight), Martin Vickers (Cleethorpes), Charles Walker (Broxbourne), Robin Walker (Worcester), Heather Wheeler (Derbyshire South), Craig Whittaker (Calder Valley), John Whittingdale (Maldon), Dr Sarah Wollaston (Totnes)

Brexit and some alternative facts

In a time of universal deceit, telling the truth is a revolutionary act. (anonymous, often misattributed to Eric Blair aka George Orwell)

The truth is usually more complex and subtle than the simplistic soundbyte beloved of politicians and media headline writers. Fake news is not necessarily the problem; misinformation can be spread because the basic assumptions are incorrect, the background has not been thoroughly investigated or it is just speculation masquerading as fact.

The following are a couple of quite significant examples.  However, please don’t take my word and incomplete knowledge of these subjects for granted.  A much better source is Eureferendum.com and the original source documents.

Control of EU Immigration Requires Leaving the Single Market – NOT TRUE

How often have we heard or read this, but it is not actually correct.  The Single Market (aka European Economic Area), created by the European Union (EU) and to which the members of the European Free Trade Association (EFTA) also belong has free movement of goods, persons, services and capital as basic principles (set by the EU). The conditions of access of members of EFTA to the single market are set out in the Agreement on the European Economic Area which also includes free movement as a basic principle.

However, the EEA Agreement also includes an opt-out which can be applied unilaterally by members of EFTA (see Chapter 4, Safeguard Provisions, Article 112), but obviously not by Members States of the EU.  It states:

  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.

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 been used already by Liechtenstein to control immigration and Iceland to control capital flows in the wake of the financial crisis.

The EU negotiators are already setting terms for the EU-UK negotiations – NOT TRUE

How often has the media reported that this or that person, with an appropriate grand EU-related title, is already laying down tough terms for us? In reality, at the moment there are no negotiators as such – just political nominations by various posturing organisations within the EU set-up and their self-important leaders or other politicians. The small print of the Lisbon Treaty Article 50 states:

  1. Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements.
  2. A Member State which decides to withdraw shall notify the European Council of its intention. In the light of the guidelines provided by the European Council, the Union shall negotiate and conclude an agreement with that State, setting out the arrangements for its withdrawal, taking account of the framework for its future relationship with the Union. That agreement shall be negotiated in accordance with Article 218(3) of the Treaty on the Functioning of the European Union. It shall be concluded on behalf of the Union by the Council, acting by a qualified majority, after obtaining the consent of the European Parliament.

Article 218(3) of the Treaty on the Functioning of the European Union states:

  1. Without prejudice to the specific provisions laid down in Article 207, agreements between the Union and third countries or international organisations shall be negotiated and concluded in accordance with the following procedure.
  2. The Council shall authorise the opening of negotiations, adopt negotiating directives, authorise the signing of agreements and conclude them.
  3. The Commission, or the High Representative of the Union for Foreign Affairs and Security Policy where the agreement envisaged relates exclusively or principally to the common foreign and security policy, shall submit recommendations to the Council, which shall adopt a decision authorising the opening of negotiations and, depending on the subject of the agreement envisaged, nominating the Union negotiator or the head of the Union’s negotiating team.
  4. The Council may address directives to the negotiator and designate a special committee in consultation with which the negotiations must be conducted.
  5. The Council, on a proposal by the negotiator, shall adopt a decision authorising the signing of the agreement and, if necessary, its provisional application before entry into force.

Clearly negotiations are with the Council (of the European Union) who nominates a negotiator and, at the time of writing, they haven’t done so, officially at least.

To sum up, all is not what is reported or stated to be true facts and because they are repeated so often, if not vehemently, it is easy to be taken in.

When turkeys really do vote for Christmas

“Don’t worry, Rupert,” said the backbench MP I was having tea with, “turkeys don’t vote for Christmas.”

The “turkeys” in question were the House of Lords, and the “Christmas” was the idea that they would seek to block Brexit by undermining Article 50 Bill.

Well, we now know that the Lords have voted to defeat the government on the rights of EU citizens in the UK – and by doing so have thrown UK citizens in the EU to the wolves. Given the size of the rebel majority, it now looks likely that the Lords will inflict other defeats on the government on this Bill.

This should not come as a surprise. There have been many instances in the past when turkeys have voted for Christmas. As a rule, this happens when the turkeys have managed to convince themselves that they are voting for Easter, not for Christmas. They ignore the gathering storm clouds heavy with the snows and blizzards of winter, and instead see only the narrow gleam of sunlight that they think heralds spring and so rush eagerly forwards seeking chocolate eggs.

Perhaps I am taking this analogy too far.

Let me give you some examples.

In 1785 the government of France faced bankruptcy. King Louis XVI brought in the financial guru Jacques Necker to solve the problem. Necker looked at the hideously unfair tax system by which poor peasants were highly taxed, but wealthy nobles lived largely tax-free. He proposed a new tax system under which the nobles and the Church paid their fair share of taxes. The nobles were appalled and forced Louis to sack Necker, bringing in a more compliant finance minister who scrapped the idea of taxing the nobles. The noble turkeys thought that they had voted for chocolate eggs at Easter, but instead had voted for Christmas in the form of the French Revolution that followed. Many of their heads fell on the guillotine as a result.

On 5th December 1648 the English Parliament voted to accept a proposal from King Charles I that put forward a new settlement to end the Civil War that had been raging since 1642. They had forgotten that the army leaders no longer trusted Charles and would accept no deal that saw him returned to power. The next day, the army arrived at Parliament in the shape of Colonel Thomas Pride with two regiments of armed soldiers. He arrested 45 MPs and threw them into prison, while another 300 fled. Only 151 MPs were allowed to take their seats, and they did so under the guns of the soldiers. The MPs had convinced themselves that they were voting for peace, plenty and the rule of law. Instead they had precipitated a military dictatorship headed by army commander Oliver Cromwell.

In 1221 the Governor of Merv, then one of the largest and wealthiest cities in the world, ordered the execution of some merchants. The pretext was that they had broken a rule on trading, but in reality it was because he wanted to confiscate their goods. It was, possibly, the most disastrous decision in history. The merchants were the envoys of Genghis Khan, ruler of the Mongols. Genghis Khan dropped everything to avenge the insult. He arrived at Merv with an army of around 50,000 men, stormed the poorly defended city and massacred the entire population. It is thought that over a million people were killed. The governor had thought he was voting for Easter in the form of a haul of treasure, but he actually played the role of a turkey at Christmas, as did the entire population of his city.

And so to today. The Lords believe that they can thumb their noses to the government and to the people. They think that they are voting for Easter in the form of flagrant virtue signalling and feeling smug over their smart dinner parties, while seeking to undermine Brexit.

It remains to be seen if they have voted for Easter or for Christmas.