Where do we go now?

Ever since Michel Barnier was appointed to lead the Brexit negotiations for the EU , he has been clear and precise, Unfortunately, neither  the UK Government nor the mainstream media have taken the slightest notice in what he is saying.

In his press statement of 20th December 2017, Barnier laid out the procedure the EU wants the negotiations to follow as everyone moves on to so-called “Phase 2”:-

  • By October 2018 a withdrawal agreement and a new treaty (to cover the transitional period) should be in place, in order for time to get these through the various bodies by 29th March 2019.
  • The old article 50 of TEU allows the negotiation of the withdrawal agreement, which must be completed on time or else there will be no transition period.
  • The new treaty will come into force on 30th March 2019, and I suspect it will be the reverse of an Accession treaty, with transitional derogations.
  • This is where it gets a little complicated. At 23.01 of 29th March 2019 we will have left the EU and will have become a “third country”. Apart from Banier’s talk of a treaty, no one has provided any other detail, so we have to make a guess as to what will happen next.
  • You can’t leave the EU, take up third country status and then carry on as if nothing had happened until 1st. January 2021, when it is possible we will be in the same position as now.
  • So the new Treaty which will cover the withdrawal agreement will come in to force in tandem with the EU (Withdrawal) Bill. Together, these two pieces of legislation would, I suspect, enable us to carry on trading, as we do at present, although it will be only for a fixed period covered by a time-limited transitional derogation.
  • On 1st January 2021, the derogation will cease, and either a new EU/UK trade agreement treaty will be created, or added to the new treaty.

It is hard to believe that our own Parliament is going to place us in such a vulnerable dangerous position. The period from 30th March 2019 to 1st January  2021 gives EU-based companies a more than adequate time frame to allow themselves to extricate themselves from the UK. Meanwhile, the UK government will bang on about this “deep and special relationship” and the wonderful trade deal we will get, yet at the same time, the European Commission and Parliament have both made it very clear that we will be treated like any other third country. Unless UK-based  companies realise the reality of this, they will hit the buffers unprepared.

Our side cannot even get their terminology  correct. “Transitional” is the word the EEC/EU has used since our 1972 Accession Treaty, so why are we talking about an “implementation” period?  In the House of Lords Select Committee session of 13th December 2017 asked what the difference was between transition and implementation  but was not given an answer.

What are the electorate going to say and do when they find the economy is in decline and EU continuity rights have been established? This is no real Brexit.

Both the Prime Minister and David Davis claim that the plan for a transitional (or implementation) period was first mentioned in the Lancaster House speech of 17th January 2017. Michel Barnier , however, claims it was first raised in the Florence speech and this appears correct.

Mrs May said in Florence, “As I said in my speech at Lancaster House a period of implementation would be in our mutual interest. That is why I am proposing that there should be such a period after the UK leaves the EU”

But what she said in the Lancaster speech was ,  “I do not mean that we will seek some form of unlimited transitional status, in which we find ourselves stuck forever in some kind of permanent political purgatory”

Here, Mrs  May uses ”transitional” the commonly used word of the EU since 1972 for such a situation, so why switch to “implementation” if there is not a difference of meaning?  No one seems to have offered us any real answer.

In the Florence speech, she continued, “we believe a phased process of implementation, in which both Britain and the EU institutions and member states prepare for the new arrangements that will exist between us will be in our mutual self-interest.”

This all sounds very confusing, but I believe the key to Mrs May’s thinking remains the words in her Lancaster House speech: “I want us to have reached an agreement about our future partnership by the time the two-year Article 50 process has concluded” I take this to mean that she wanted the agreement  done and dusted by Brexit day, which we now know will be 29th March 2019. She did not mean that only a withdrawal agreement would be in place by that date, with a trade deal to follow. She continued: “From that point onwards, we believe a phased process of implementation, in which both Britain and the EU institutions and member states prepare for the new arrangements that will exist between us will be in our mutual self-interest”.

“For each issue, the time we need to phase-in the new arrangements may differ. Some might be introduced very quickly, some might take longer.”

Her original objectives seem to be the very opposite of the direction in which we are now heading.  Because so much time has been wasted, instead of applying for an extension to Article 50 of TEU, where we could have carried on for a further 21 months (although we would not have been out of the EU, which would have been politically unacceptable with a general election looming), the  Government has chosen formally to leave the EU at 23.00 hours on 29th March 2017 but then hand over our governance back to the EU, with no representation, and accepting all the institutions of the EU. This is a situation far worse than anything we suffered during our 44 years of membership and all for the hope of a trade deal which still may not be ready to be signed in time.

The worst feature of this proposal is that during those 21 months we would have to accept any new EU legislation  that comes into force during those 21 months, even though David Davis was very evasive when questioned about this during the select committee session of 25th October 2017:

Q89            Mr Djanogly: During that period, will the UK have to accept new EU laws made during that period?

Mr Davis: One of the practical points of this, which anybody who has dealt with the European Union knows—as you will have done, I guess—is that it takes two to five years from inception to outcome for laws to make it through the process. Anything that would have any impact during those two years we are talking about will already have been agreed with us in advance.  Anything that happens during it will be something for subsequent discussion as to whether we propose to follow it or not.  That is where the international arbitration procedure might become important.

So Mr Davis thinks we will have some choice, However, M. Barnier, made it very clear in his speech of 20th December 2017 there will be no cherry picking; we will have to accept EVERYTHING during transition period, including legislation currently in the pipeline.

This is a rather complex and technical subject, but I hope I have been able to convey just how dangerous this “transitional period” is.  My own industry, fishing, would still be stuck with the Common Fisheries  Policy but worse, it would not really be Brexit in anything other than name only.

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5 comments

  1. Petrina HoldsworthReply

    My understanding is that an implementation period /phase is one where not only have we completed the general Art 50 divorce agreement within the required time limit but also set out in detail the planned trading and customs relationship.
    A transitional period seems a far more lax arrangement and is where the detail of the planned agreements have yet to be finalised.

  2. Gordon WebsterReply

    Interesting John, though I suspect no deal will be done, so that Mrs Maybe can insist we hang around until wed get a deal – i.e., we Remain.
    I doubt if Third Country, as of The Vienna Convention on the Law of Treaties will work, since Brexit put paid to the EU becoming a State, and the remaining 27 members, especially those signatories to the VCLT, which Brussels cannot be, would have to all agree to Britain being a Third Country.
    The question really is, will there still be an EU in a years time. Brexit seems to have given many, especially the Visegard Countries, the courage to defy Brussels. Juncker, Barnier, and Guy the Gorilla being the despots they are, have issued threats. It is unlikely that Hungary, the Czechs and Poles, will take kindly to threats. The French and German People are making noises about a referendum, and Irexit is being talked up. Has the New Despotism, aka the Brussels Commission, reached the end of its track?

  3. Adam HileyReply

    Barnier is a classless rude buffoon (he is French after all ) getting a Government that is not Labour Conservative or the little league Liberal Democrats would be nice leave leave ASAP May should resign now libertarianpartyuk.com

  4. John AshworthReply

    sorry Petrina and Gordon for not repying earlier. I do hope by this month end we will have a better idea of direction, and certainly by April we are on our way to the October deadline.
    Like everyone else i await the UK’s clarity of position, but it is the European Parliament :i want to watch carefully, as they i think will cause problems and use their growing powers.

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