Draft Exit Agreement: Deep concerns over defence component

This is a comment from Lt-General Jonathon Riley (ex-ISAF deputy commander) and ex-military colleagues expressing deep concerns over the defence component of the Draft Exit Agreement:

“The exit agreement shows that the Cabinet Office does not intend to regain the defence autonomy it gave away on paper in 2017.

As a result of a below-radar deal reached 15 months ago, the UK will now be transitioning via a third country arrangement, that provides a u-bend route for the UK to come back fully under EU authority in the future.

Political commentators in academia and the media are largely yet to grasp the small print of what is really going on. By that time, it will of course be too late.

It’s not wise to stand still in setting concrete and that’s what this transition agreement amounts to in terms of defence.”

Lt-Gen Riley is ex-ISAF deputy commander and a former commander of UK forces sent to Bosnia, Sierra Leone and Iraq.

His cosignatories to the statement are:

Maj-Gen Julian Thompson (former commander of landings in the Falklands),

Rear-Admiral Roger Lane-Nott (former Flag Officer Submarines, NATO Commander Submarines Eastern Atlantic)

Professor Gwythian Prins

(with thanks to our colleagues in Veterans for Britain for this article)

Nothing is agreed until everything is agreed

Before readers start getting too angry about the agreement between David Davis and Michel Barnier over the terms for an interim relationship with the EU, it must be pointed out that the handshake between the two men does not mean that everything is done and dusted.

The transitional arrangements are only part of an overall deal which have to be approved by the European institutions and national parliaments, including our own. We are still a long way from reaching this point.

On this website, we have already explained why the transitional terms on offer from the EU are unacceptable. It will be very hard to follow it with a truly clean break. We most certainly don’t need to be shackled to the EU’s customs union and any ongoing participation in the Common Fisheries policy would be the ruination of our fishing industry. Fishing for Leave didn’t mince its words in a recent press release – it is nothing less than a capitulation by a weak government.

Just to remind readers about our fisheries:- The UK’s Exclusive Economic Zone (EEZ) of 200 nautical miles/median line was established by a British Act of Parliament – the Fishery Limits 1976 Act – but because of our membersip  of what was then the EEC, that zone was promptly handed over to the EEC, to become EEC/EU waters, right up to the low water mark, and the resource within that zone also became EEC/EU resource, managed by them and not us.

In 1983 the EU established the quota system, shared out amongst the member states by means of what is known as “relative stability keys”. These keys do change when a new member joins or one leaves.

At 11pm, 29th March 2019 the UK’s EEZ is returned to our Westminster Parliament, who must take full responsibility under the guidelines of International Law – UNCLOS3. At that moment all EU quota ceases to exist in the UK’s EEZ.

It is then down to the UK Government with the support from a majority of the Westminster parliamentarians how much of the British peoples resource they intend to give away. There is no negotiation as such.

The EU has no legal authority to demand anything, because in just over a year’s time, the UK will become an independent coastal state under third country status. Unfortunately, it seems that our government is willing to concede to demands which the EU has no right to make.

There is hope that the deal may yet be torpedoed. The Committee for Exiting the European Union could not come to an agreement on a report not about the transitional deal per se but extending it. Jacon Rees-Mogg, in his characteristically eloquent manner,  called the majority report (which he and six colleagues refused to sign) a  “prospectus for the vassal state”.  He also called the its authors the “High priests of Remain”. Mr Rees-Mogg also fired a shot across the bows of Theresa May in an article for the Daily Telegraph. “The United Kingdom will not accept being a subservient state” he said. “In the case of tariffs, once we have left the EU, it is non-negotiable that our trade minister should be able to respond to any threat of increased tariffs from other nations as suits our national interest, not the EU’s,” He went on to add “In the words of one country’s frustrated trade negotiator, Britain has to decide if it is a serious country or a joke nation. It would be humiliating for others to have cause to think thus of us.”

Trade issues are not the only cause for concern. Since the Brexit vote, our government has signed a number of agreements with the EU on military cooperation, without consulting Parliament. The details can be found on the Veteran for Britain website, which we would thoroughly recommend to anyone wishing to follow this subject in greater detail. This article in particular warns of the potential dangers that will result from this and it seems that  ministers have indicated they intend to make the UK’s role in the agreements permanent via the exit treaty. The Government’s published negotiation aims include a proposal to stay in the European Defence Fund and defence industrial programme. This essentially means that we, as a free country, will be ceding our defence to an organisation we voted to leave.

On another key issue, the European Arrest Warrant, one concerned correspondent wrote to his MP about its dangers, which are well- reported on this website, only to be told that we were intending to stay a signatory of  the EAW and that was that.

To end where we began: nothing is agreed until everything is agreed. The battle is not lost yet, but our government, whether through incompetence, deceit, spinelessness or all three, is not delivering the Brexit for which we voted. As a democracy, we are given the chance to tell our politicians what we think of them. We in CIB will ensure that they will get the message well before the next General election – indeed, well before any deal is ready for signing. Recent developments are discouraging, but for the good of the country we love, the fight must and will go on. Sadly it appears that our real enemies are not in Brussels (let alone Moscow) but in Westminster and Whitehall.

Please sign this petition on defence

Ensure the UK leaves all EU defence rules, policies and structures on 29/03/19.

Please sign this petition and pass on to all your friends.

10,000 signatures are needed to force the government to reply.

Since November 2016, the UK has joined all parts of the EU’s “defence union” except one, without any vote by MPs. These include finance, command centre and a central budget. If the UK stays in them or if any of them go into an exit agreement, as the Government has proposed, the UK will not have left the EU.

For more details, please click on the links below:-

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EU defence and security plans include the UK even after Brexit
Take part in the Bruges Group’s campaign to ask your MP for a full Brexit for defence.

Email your Member of Parliament to inform them about the Government committing the UK to be a part of the EU’s defence and security plans.
The EU is establishing what it calls an ‘EU Defence Union’, this includes the UK.
Since 23rd June 2016 the Government have included the UK in these military plans with no debate in the British Parliament. Leaving the EU must also include our full independence from the European Union’s interference in our defence, security and foreign policy. Anything less is a failure to respect the referendum result.

Click on the link below to question your Member of Parliament about the UK’s post-Brexit involvement in EU defence projects. And to demand that Britain’s armed forces and defence industry are free from the EU.
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This will send an email to your Member of Parliament to demand a full Brexit for defence

Security – partnership but not participation

Mrs May’s speech on security cooperation last Saturday was given in Munich, famous for the meeting between Neville Chamberlain and Adolf Hitler in 1938 where an agreement was signed which Mr Chamberlain, on his return to the UK, would lead to “peace in our time”.

His hopes were sadly shaken a year later. Mrs May did not come away with any agreement, She was not expecting to. Instead, she went to Munich to deliver a speech which, like that by Boris Johnson, the Foreign Secretary, earlier in the week, was good on mood music and aspiration but not at all satisfactory when it comes to detail.

Michel Barnier had stated that upon Brexit, we will no longer be part of Europol or the European Defence Agency. He did not mention the European Arrest Warrant, but it is not unreasonable to assume that we would be excluded from this too. At this point, virtually everyone who voted for Brexit should have been giving three loud cheers. Mrs May, in her speech, however, seemed to be saying what a disaster this would be. “Let’s be clear about what would happen if the means of this cooperation were abolished. Extradition under the European Arrest Warrant would cease. Extradition outside the European Arrest Warrant can cost four times as much and take three times as long. It would mean an end to the significant exchange of data and engagement through Europol.”

Fine, for as far as the EAW is concerned, as we have pointed out many times on this website, its convenience is outweighed by its serious flaws – flaws which have caused great grief to a number of UK citizens,  For example, Edmond Arapi was subject to an Italian EAW in 2004, being convicted in absentia of a murder in Genoa, even though he had never visited Genoa in his life and was working in a café in Staffordshire on the day of the murder. Andrew Symeou, a UK citizen, was extradited to Greece, denied bail and incarcerated for 11 months on charges of “fatal bodily harm” thanks to the signature of a Greek magistrate that no UK judge could overturn despite the evidence against him being obtained under duress. Mr Symeou published an account of his ordeal in a book called Extradited. He pointed out that unless, like him, you suffer from a miscarriage of justice, you are unlikely to appreciate just how flawed the EAW is.

Then, although we may be ejected from Europol, we would still be members of Interpol. If the EU is keen to cooperate with us on matters relating to criminal justice, which it would be foolish not to do, there are other models available which would enable us to maintain our independence.

Mrs May was right to highlight the need for close security cooperation between the UK and the EU after Brexit but we should be seeking to distance ourselves from the EU’s confrontational stance towards Russia. As Peter Hitchens put is, “Russia is no more of a threat to the UK than the Klingons”

Unfortunately, Mrs May has not freed herself from the widespread misapprehension that today’s Russia is merely the former Soviet Union under another name. She referred to “Russia’s hostile actions.” The reality is that blame for the current hostility between Russia and the EU lies as much, if not more, with Brussels than with Moscow. True, NATO must shoulder some of the blame for rapidly extending its reach to the boundaries of Belorus and Russia, but until 2009, it appeared that Russia was not that worried and might even have been considering joining NATO itself. It was the EU’s meddling in Ukraine, working behind the scenes to oust the pro-Russian but democratically elected Viktor Yanukovich, which has been the principal factor behind the deterioration in relationships between Russia and the West in recent years. Free from any vested interest in seeing Ukraine join an organisation which we have just voted to leave, we have the opportunity to re-set our own relationship with Russia rather than having to toe the EU’s expansionist, provocative line. It is surely wrong to seek to maintain enmity with a nation with whom we share a common European culture when it is possible to be friends.

Mrs May proposed that an new UK-EU treaty should be signed covering cooperation in defence and security issues. Will the EU play ball? Without a separate deal, it will take up to three years after Brexit for Britain – as a “third country” – to receive EU approval for data to be freely exchanged, so says the Independent. It will not be us who will be the biggest losers if the EU sticks rigidly to its rules about “third countries”, but then, if it is prepared to make an exception for security issues, this then poses the question, why not for trade?

All in all, the impression given by Mrs May’s speech is that she fails to see that in these issues, she has the whip hand and can use it to ensure that we achieve a full and complete break with the EU, replacing  participation in its agencies with a partnership which can still keep Europe secure. We just hope that as the negotiations proceed, in this area as well as in other key Brexit issues, her MPs will continue to give her a few gentle prods to ensure we do indeed achieve a proper Brexit in these key areas.

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