Tag: Business-Regulation

Brexit-Watch: Saturday 28 March 2020

Note: longer version of article originally published at The Conservative Woman on Saturday 28 March 2020

A weekend update on some recent key Brexit-relevant story headlines, choosing five which, while not necessarily meriting a full-length article, nevertheless warrant two or three paragraphs of comment, rather than merely a couple of lines.

(NB: (£) denotes article behind paywall.)

 

Coronavirus: Welsh Government calls for longer Brexit transitionBBC News 

Despite being content to sit in a Welsh Assembly which owes its existence to a devolution referendum won by a margin of only 0.6 per cent, Welsh-Labour, whose 29 Assembly Members comprise all but 2 of the current 31-member ruling coalition, has never really accepted the decision of the Welsh electorate to leave the EU by a margin ten times greater than that.  The call by current First Minister Mark Drakeford for a Brexit delay needs to be seen in that context.

In any event, this has absolutely nothing to do with the Welsh Government, which, on this issue, arguably does not even reflect the decision of the people of Wales who voted 53:47 in favour of Leave, much less represent them.  UK-wide constitutional matters are totally outwith the devolved competencies of the Welsh Assembly and the Welsh Government.

In all likelihood, either this is a smokescreen for Drakeford trying to deflect attention from the dire state of the Labour-run Welsh NHS, particularly with Gwent being a COVID-19 hotspot matching Italy in infection rates, or Drakeford is adding his voice to those hoping to stop Brexit by using the Coronavirus outbreak as an excuse to demand its deferral.

 

Coronavirus crisis demands extended Brexit transitionFinancial Times (£) 

Oh dear, they’re never going to give up at the irreconcilably Europhile Pink ‘Un, are they?  Tony Barber is the FT’s Europe Editor; a quick glance at his output on the FT Writers’ Page somewhat gives the game away about where he’s coming from.

Parsing the latest article, his clinching argument for claiming an extension to Transition is necessary is that the head of a Brussels-based think-tank [part-funded by the EU] claims that an extension to Transition is necessary.  However, he then somewhat undermines his own argument by stressing how far apart the two sides are on fisheries, financial services, and business-regulation in general, prompting the question that, if they are indeed that far apart, and likely to remain so given the negotiating intransigence Brussels has consistently displayed hitherto, what is the point of an extension anyway?

In his similarly-themed article of 11 March, Barber labelled anything other than an ultra-soft Brexit-in-name-only as ‘the radicalisation of Brexit‘.  Now he refers to opponents of an extension types as ‘Brexit millenarians‘.  It is hard to see this as anything other than yet more evidence that the COVID-19 crisis is being cynically exploited by Continuity-Remainers as an excuse to ‘delay’ Brexit with the ultimate aim, of course, of stopping it entirely.

 

Brexit in Hindsight: Historial ReflectionsBriefings for Britain

Another magisterial contribution from Professor Robert Tombs, separating two distinct questions which are often conflated: why, generally, did Britain vote to leave the EU, but also why specifically did it vote to do so in 2016?  Professor Tombs has little hesitation in locating the answer to the first question firmly within the very different experience of Britain compared with Continental Europe in the first half of the twentieth century, having neither succumbed internally to totalitarianism nor been militarily defeated and subsequently occupied by it, and therefore not seeing pan-Europeanism in terms of almost existential survival.

The second he sees as lying within the contrast between the pessimistic, lacking-in-confidence Britain of the 1960s which saw European integration as the remedy for economic decline, and the near-reversal of this perception by the early 2010s, in the face of visible and growing evidence of the bloc’s economic sclerosis and pursuit of political integration at the expense of democratic legitimacy.

What this suggests is that the popular determination among 2016 Leave-voters to leave the EU in fulfilment of the 2016 mandate persists at a deeper, more atavistic, level than the purely transactional considerations which Unreconciled Remainers condescendingly assume to be the main drivers of public opinion.  On this basis, the latters’ siren calls for an extension of the Brexit Transition ‘because of Coronavirus’, in the secret hope that Brexit can somehow thereby be diluted or prevented are destined for failure, making any delay superfluous. We should leave on schedule anyway.

 

EU Coronavirus summit exposes fundamental divisionsGlobal Vision

As if the EU’s hesitant response to the Europe-wide Coronavirus crisis – posturing but dithering impotently while sovereign nation-states’ democratically elected governments moved swiftly and unilaterally to meet the need to protect their own citizens – wasn’t bad enough, the third EU Coronavirus summit predictably revealed more discord than harmony.

Rather than micro-improvements such as facilitating the easier exchange of medical information or the freeing-up of supply-chains from bureaucracy, the Council instead proposed yet another comprehensive centralisation package, predicated on a common debt instrument, which has created the usual friction between the fiscally more conservative EU countries and its more fragile economies. The crisis is exposing how little nation-states can depend on an EU so often found wanting when it comes to action, despite all the talk of unity.

 

Downgrade warnings raise fears of European bank nationalisationsTelegraph (£)

Moody’s downgrade alert for banks in no fewer than six EU member-states, based on an anticipated slump in profits but a surge in bad debts linked to the Coronavirus-induced recession, comes on top of the burgeoning credit-crunch from the Eurozone’s bank-debt overhang. The author of the article, Ambrose Evans-Pritchard. has also been reporting this week on the cracks appearing in the Eurozone’s institutions, now rapidly coming to a head with a stark choice between strengthening monetary union with fiscal union, with all that that would entail, or risking EMU unravelling.

The danger here for the UK is of an extension to the Brexit Transition leaving us still on the hook for a massive contribution if necessary to stave off a Eurozone banking collapse. There are numerous bad reasons for delaying our exit because of the Coronavirus emergency, and few, if any, good ones.

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Waitrose or Wuhan?

Note: Longer and updated version of article originally published at The Conservative Woman on Wednesday 25 March 2020

As mainstream and social media reports of selfishly excessive panic buying and empty shelves in anticipation of government restrictions to control the spread of Coronavirus exploded into a major issue in itself last week, the public relations departments of major UK supermarkets were eager to reassure the public about continuity of supply and ease of access for elderly or otherwise vulnerable customers.

However, as stories proliferated of hoarders failing to respect so-called ‘elderly hours’, or clearing the shelves in advance of them unimpeded by supermarket staff, it was hard to avoid the impression that some supermarket chains were making ‘caring’ announcements for publicity purposes, but then doing little either to enforce them or even notify their staff of them.  That certainly appeared to be the case with one alleged ‘elderly and vulnerable only’ queue in Leamington Spa.

'Elderly & vulnerable' queue Leamington Spa

Less obvious was any great detail about the extra precautions they intended to take to prevent the spread of infection on their premises, although Aldi promised to instal clear screens at checkouts to protect employees and customers, and Tesco pledged to introduce distancing methods at checkouts to reduce customers’ infection risk.

Not before time, either: as one writer of a Letter to the Editor of a national newspaper put it, ‘Precisely how can we keep our distance while needing to shop for food?‘  

Costco Thurrock, queues distancing

In addition to that, reports had already been circulating on social media from disgruntled employees about businesses being cavalier, to say the least, about protecting even their own staff.  The example below is graphic, but by no means untypical. Read the entire thread.

So it was not without slight trepidation that, early last Saturday morning, I found myself contemplating a potentially hazardous expedition into dangerous territory, aka the local branch of Waitrose.

Now, as soon as the seriousness of the COVID-19 epidemic first became apparent, a local wine merchants not far from my home had been quick to react.  They emailed their entire customer base to say that, with immediate effect, they would provide mandatory-use hand-sanitiser and hand-washing facilities at the entrance to the store, have all trolley handles disinfected after each use, move temporarily to exclusively non-cash transactions, and hygienically wipe credit card machines after every sale.

Surely, I thought, I could expect similar precautions to be in place at a busy branch of a national, and generally regarded as up-market, supermarket chain?

Nope.  Despite my arriving within 15 minutes of opening time, the Waitrose Head Office-announcedThe first hour of business is now dedicated to elderly and vulnerable shoppers‘ policy was nowhere to be seen.  Neither were any hand-sanitising facilities, nor even requests for customers to use the adjacent washrooms for that purpose, in evidence.  As for trolley handles being sanitiser-cleaned before re-use, forget it.

Notwithstanding all the reassuring corporate PR from Head Office, anti-coronavirus precautions within the store looked almost non-existent – although, in fairness, apart from pasta and rice, the shelves were reasonably well-stocked, and anti-excess-buying measures were visibly being enforced.

But not much else.  At one stage, standing no further than one to one-and-a-half metres away from me and half-blocking the aisle, was a young woman staring vacantly at her phone (and not at a shopping list on it either, because she had a written one) while treating everyone in her immediate vicinity, including her two- or three-year-old daughter perched on her shopping-trolley child-seat, to the sound of her rasping dry cough.

At that point I began to feel seriously relieved at my decision to wear nitrile surgical gloves because of the potential for infection from trolley handles, tins, credit-card machines and the like. Apparently, the virus can linger for up to 72 hours on a hard surface.  OTT, maybe, but why take the risk when it’s there but easily avoided?  Some other customers were wearing surgical gloves too, but we must have been in a minority of 5 per cent at the most.

Which minority, remarkably, evidently did not include the servers at the in-store bakery, delicatessen, butcher and fishmonger.  The server on the cheese counter went to cut me a wedge of whatever cheese it was, unwrapping it with his bare hands, and not wearing gloves at all.  I told him to keep it.

Neither did I see any of the checkout operators using gloves, although the Saturday-job youth on the one which I used looked a touch guiltily at my own, then sheepishly produced a pair of latex surgical gloves from beneath his till and put them on.  Had they, I wondered, been issued to till operators, but no-one was verifying that they were actually being worn?  No problem either, with any cash-and-change transactions there if you wanted, and not a hint of credit-card terminals being hygiene-wiped afterwards.

On reaching home, my outer clothes made it straight into the washing machine.  I made it straight into the shower, despite having already showered before leaving.  The nitrile gloves didn’t even make it as far as home.  On the way from the trolley-deposit bay back towards my car in the car park, they went straight into a (closed) rubbish-bin.  And some answers to questions about how the virus had managed to wreak so much devastation so quickly as it spread outwards from Wuhan, China, were much clearer.

UPDATE: This article was written on the afternoon of Monday 23rd March. On Tuesday (24th), a friend visited a different Waitrose branch in my locality.  In the period from Saturday (21st), they had obviously started to get more organised. There was a one-in, one-out policy in operation to limit the numbers shopping at any one time, free disposable gloves were available, and 2-metre distance-markers had been placed at checkouts, and enforced.  Better late than never, perhaps. 

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Brexit-Watch: Saturday 21 March 2020

Note: article originally published at The Conservative Woman on Saturday 21 March 2020

A weekend update on some recent key Brexit-relevant story headlines, choosing four which, while not necessarily meriting a full-length article, nevertheless warrant two or three paragraphs of comment, rather than merely a couple of lines.

(NB: (£) denotes article behind paywall.)

 

Far from requiring delay, coronavirus strengthens our hand in post-Brexit talksDaily Telegraph (£) 

Former Brexit Party MEP Ben Habib is right to say Britain enters its COVID-19 emergency response in a stronger position than the EU. Not only do we embark on it with lower unemployment and lower public debt than the main EU member-state economies.  Having, correctly, not joined the Euro, we also retain our own currency and thus control over both interest-rate and monetary policy, giving us the independence and flexibility to cut rates and launch a monetary expansion quickly, as seen this past week.

When the EU bloc emerges from the Coronavirus crisis, it is likely to be in a weaker state, economically, than the UK.  To re-stimulate its economies, it will need more urgently a trade deal with the country with whom it enjoys a substantial trade surplus, and also be in far less strong a position to go on insisting on its shamelessly protectionist ‘level playing field’ regulatory equivalence.

We should, therefore, be pressing home our advantage, not to exploit, but either to try to conclude a Canada++ style Free Trade Agreement or, if rebuffed, to declare exit on WTO terms, on 31 December 2020.  We have the leverage, and we should use it, ruthlessly if need be.  There is no room for All-England Tennis Club etiquette here.  We are in a hard-nosed negotiation with an uncooperative foreign power, not a genteel game of mixed doubles where you wait politely for your opponents to recover before continuing.

 

The Budget, The Virus, and Post-Brexit Britain – Briefings for Britain

Assuming, firstly, that Britain’s overall Coronavirus approach, a mix of mitigation and suppression strategies rather than one or the other, actually works, and secondly, that the Brexit Transition is not extended, our first year fully outside the EU should see faster than normal growth. Paradoxically, the fastest growth should, all other things being equal, occur in the sectors which have taken the biggest hit from the virtual shutting-down of the economy, like the travel and hospitality industries.

However, since Professor Gudgin’s piece was written, the Chancellor has announced his £330 billion business assistance package, and the Bank of England has launched a further £200 billion of quantitative easing. The former will overwhelmingly be funded by additional borrowing, which eventually means increased debt servicing costs to be paid by individual and business taxes.  This makes it even more critical to secure a post-Brexit trade deal which doesn’t impose ‘level playing field’ regulatory cost burdens on British business.

 

Britain and EU exchange Brexit Agreement draftsReuters

In a welcome counter to the multiple calls for a formal postponement of the Brexit trade talks, and consequently, of the date of full-Brexit itself, Johnson this week published a draft Trade Bill, whose effect would be to expedite and facilitate Britain’s ability to trade with other countries outside the EU. In addition, draft legal texts were also exchanged between Britain and the EU itself on how the two parties would conduct business after the end of Transition.

From the texts, it looks unlikely that a delay would be productive in terms of any softening of Brussels’ intransigence.  Britain fundamentally wants a sectoral agreement under which some issues would be wholly excluded from it, whereas the EU wants an all-encompassing deal from which almost nothing would be excluded.  With the two sides as far apart as this on basic principle, it is hard to see what a delay would achieve.

 

We must question suggestions the transition period should be extendedBrexit-Watch.org

Given that European responses to the Coronavirus crisis are primarily being directed by member-states’ national governments acting individually, rather than centrally from Brussels, it increasingly looks a weak excuse for deferring full-Brexit. Apart from that, every extra month we stay in Transition means a continuing financial contribution to the EU’s coffers, taxpayers’ money which, one suspects, taxpayers would rather see being spent domestically in Britain on healthcare.

On Friday morning, former MEP David Campbell Bannerman raised a further powerful reason for not extending the implementation period.  Late on Wednesday evening, the European Central Bank unexpectedly announced a €750 billion stimulus programme of bond purchases, after its €120 billion big-bank stimulus package of only six days earlier had signally failed to reassure volatile sovereign debt markets.

If – or perhaps when? – the Eurozone collapses, suggested Campbell Bannerman, if still in Transition, Britain is in real danger of having to pay hundreds of billions through European Investment Bank liabilities and/or EU Commission decisions on EU ‘solidarity’. 

When Britain is already borrowing another £330 billion to prop up our coronavirus-hit economy, that prospect alone should be enough to rule out any extension.

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Brexit-Watch: Saturday 14 March 2020

Note: Longer and updated version of the article originally published at The Conservative Woman on Saturday 14 March 2020

A weekend update on some recent key Brexit-relevant story headlines, choosing five which, while not necessarily meriting a full-length article, nevertheless warrant two or three paragraphs of comment, rather than merely a couple of lines.  (NB: (£) denotes article behind paywall.)

 

Don’t be surprised if this virus delays BrexitTelegraph (£)

From the moment COVID-19 Coronavirus appeared on the horizon as something likely to cause more than the usual winter virus disruption, its use as an excuse to justify delaying Brexit was probably inevitable. The infection potential of both non-essential travel and face-to-face meetings are the grounds most often cited, but it’s also been suggested that the Brussels negotiators may just unilaterally decide to suspend negotiations anyway. Purely for medical reasons, obviously. . . .

Both economically and politically, Brexit is the government’s Number One priority after the Coronavirus outbreak, and as the Prime Minister is not conducting them personally, nothing should be allowed to interrupt them. Meetings can continue via video-conferencing from sterile areas.  The texts of drafts of agreements or appendices can be exchanged by email.  If the EU’s negotiators refused to continue with them, then the PM must make it clear that no extension of the Transition Period will be sought, and that Britain will revert to WTO terms in the event that no deal is reached.

Had the Coronavirus outbreak occurred in 2022 or 2023, causing a global downturn one or two years after full-and-final Brexit, would anyone have seriously suggested reversing Brexit and rejoining the EU as a response to it?  Of course not.  Then there’s no reason to defer it now, especially as Britain remains under EU trading and other rules including the Common Fisheries Policy, and also subject to ECJ jurisdiction, until the end of the Transition Period, which the EU itself defines as ‘until at least 31 December 2020 (my italics).

 

Von der Leyen on virus: ‘EU will do whatever is necessary’EU Observer

Which may be: not very much, or not very much that makes a significant difference, anyway. The EU, at least as represented, in Angela Merkel by a lame-duck German politician, in Ursula von der Leyen by a failed German politician, and in Christine Lagarde by a French Eurocrat widely thought to be unsuited to her present ECB role, have by the latter’s admission yet to come together at all, never mind developed a co-ordinated response, let alone sold it to member-states. 

The EU’s institutional sclerosis, along with its lack of a practical either fiscal or monetary policy toolkit commensurate with its supranational pretensions, will almost certainly prevent it coming to either a swift, or especially effective, decision.  So far, for all its resolute declarations, it has dithered but actually done very little.  All that the competition-lawyer-pretending-to-be-central-banker Lagarde managed to do as Head of the ECB was to spook the markets.

The effect of that inaction is already being seen in individual member-states reverting to unilateral decision-making at nation-state level, or in Germany at even regional level.  Nation-state governments are re-asserting themselves and, more importantly, are being seen to respond to their citizens’/voters’ demands in a way that the EU either will not, or more likely institutionally just cannot.  Nation-state borders are back, as their elected governments reimpose them without even bothering to consult Brussels, such is the perceived urgency of protecting their own citizens.

The utility, even the concept, of pan-European supranationalism is being severely tested by Coronavirus.  Anti-democratic supranational technocratic government, open borders and free movement are all now effectively dead, which means the EU in its present form is quite possibly terminally damaged. 

As far as the Brexit negotiations are concerned, this should all strengthen Britain’s hand, and is another reason why the talks should not be allowed to be interrupted or deferred.

 

Macron orders closure of all schools in France and warns he may even shut the country’s borders to control Coronavirus Daily Mail

For the Macron who was once the Davos/Bilderberg globalist oligarchy’s poster-boy for both ‘enlightened’ government by supranational technocracy and wide-open borders, this is an embarrassing climbdown.  However, in the same broadcast as he used to announce it, he also warned against ‘nationalist withdrawal’ as a pitfall to avoid at international level in the fight against the coronavirus pandemic, so policy-wise, he appears to be all over the place.

With Macron preoccupied with trying to reconcile securing the French nation against the Coronavirus outbreak with maintaining his EU-integration credentials, and both against the backdrop of difficult French municipal elections this coming Sunday and the next, his influence as one of the Intransigents on the Brexit negotiations is waning.

 

UK’s antivirus measures disguise radicalisation of Brexit FT (£) 

A slightly hysterical article from the FT‘s Europe Editor, claiming that Brexit is evolving into a project far more ‘extreme’ than even Leave-voters wanted in the 2016 EU Referendum, merely because Britain’s negotiators are concerned to ensure that it achieves visible separation from the EU’s political, regulatory and legal structures.

Barber quotes Britain’s withdrawal from the EU Safety Agency as evidence of this; yet goes on to conflate EU-centralised regulation of air safety standards regulation with ‘pan-European co-operation’, which clearly it is not.  Regulation is not ‘co-operation’.  It is to achieve the latter that we need to escape the former.

Barber then bemoans the UK’s alleged abandonment of Theresa May’s commitment to the so-called ‘level playing field’.  But the EU has made it abundantly plain that it interprets that phrase as UK perpetual alignment with EU rules, despite having no say in them and how they are formulated.  It’s hard to see his article in any other light than a polemic against any kind of Brexit which isn’t in-name-only.  Even after all this time.

          

EU’s demands in negotiations with UK revealed in draft treaty Guardian

The EU appears to have evidently learned very little, and therefore changed very little.  The draft continues to insist on ‘level playing field’ rules for (all) British and EU businesses, and also in regard to state-aid.  It maintains its previous demand for the ability of the European Court of Justice to hand down rulings binding on British Courts, and ongoing regulatory harmonisation with EU laws as they develop in other areas, effectively binding the UK to EU legislation, but with no input into it.

On fishing, it proposes ‘long-term’ (NB duration not specified) agreements on access to British waters but with each side’s percentage allocation also unspecified.  On security and intelligence matters, it requires Britain in effect to guarantee its continuing application of the European Convention on Human Rights, despite its manifest flaws, with data and intelligence sharing to be withdrawn if it does not.

The UK is expected to reject most of this as unacceptable, and rightly so.  The prospect of exiting the Transition Period without any satisfactory deal, therefore, goes up another notch, as does, inevitably, the futility and counter-productiveness of any extension of the Transition Period.

This in turn must prompt the question of whether it is worth Britain persisting in this charade at all, especially if it is to be prolonged on some spurious pretext using the Coronavirus outbreak as a transparent excuse. Better to abandon it now, declare negotiations at an end, prepare for a WTO/No-Deal exit from the Transition Period, and focus our energies on ameliorating the Coronavirus outbreak in this country.

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Brexit-Watch: Saturday 07 March 2020

Note: Longer and updated version of the article originally published at The Conservative Woman earlier today, Saturday 07 March 2020

A weekend update on some recent key Brexit-relevant story headlines, choosing four which, while not necessarily meriting a full-length article, nevertheless warrant two or three paragraphs of comment, rather than merely a couple of lines.  (NB: (£) denotes article behind paywall.)

 

Brexit row erupts after Barnier accuses UK of planning to ditch human rights commitmentPolitics Home

In a typically disingenuous combination of red herring and attempt to assert EU extra-territorial jurisdiction over the post-Brexit UK, Barnier has accused the UK of ‘refusing to continue to apply’ the European Convention on Human Rights (ECHR) after full-Brexit. This is arrant nonsense.

The ECHR is the creation of the immediate post-WW2 Council of Europe, is enforced by the Council’s European Court of Human Rights (ECtHR) in Strasbourg, and is separate and distinct from the EU.  The latter is not even a signatory to the Convention, merely requiring new member-states to be signatories, and the EU has no jurisdiction over it.

It’s conceivable however that, once freed of the obligation to be a signatory to the ECHR by virtue of its EU membership, the UK could decide after Brexit to enact its own Bill of Rights (possibly linked to a written Constitution) and, as part of that, withdraw from either the ECHR in full or merely from the jurisdiction of its ECtHR.

As Lawyers for Britain‘s Martin Howe QC explains, there’s a compelling case for such a move.  The Strasbourg human rights court has come to mirror some unsatisfactory features found also in the EU’s own European Court of Justice, principally a tendency to judicial activism rather than interpretation, introduction into European human rights law of concepts not present in the original text, and the predominance of the Continental Codified, rather than English Common Law, legal tradition.

Barnier in effect wants the EU to have the power to direct the democratically elected government of an independent sovereign nation-state on which international treaties and conventions it should or should not sign up to. That is an outrageous demand that deserves to be dismissed out of hand.

 

Paris versus London: the clash of the financial centresJohn Keiger, Briefings for Britain

Having failed, in the immediate aftermath of the 2016 EU Referendum, to persuade many, if any, City-based European banks to move their London operations to Frankfurt or Paris, the French are now coming back, but cloaked in the EU flag, for another attempt.  The possibility that this is sabre-rattling as part of French domestic politics’ general background noise to the upcoming French municipal elections this month, where Macron looks likely to be embarrassed at least, can’t be ruled out.

Despite the European Banking Authority having made the move, London’s sheer size, global reach, expertise, power and capacity for innovation as an international financial centre compared to Paris suggests this will be a futile quest.  Even if this were not a factor, the far more onerous and restrictive, and significantly slower-deciding and less flexible, regulatory regimes covering both financial services and labour markets would surely be a disincentive.

The threat to withhold passporting rights from UK banks doing business in France looks similarly unlikely to succeed.  The French may have introduced this whole issue into the negotiating mix as a giveaway to be traded off in return for getting something else.

 

Negotiating deals with both the EU and the US will be tricky for Britain: but it does have a trump card Shanker Singham, Telegraph (£)

The overriding difference between the two sets of negotiations is this: that while both parties in the UK-US negotiation will focus on economics and trade, both parties in the UK-EU negotiation will not.  For the EU, this deal isn’t about economics and trade, but about politics, in particular, Brussels’ semi-existential political need to try and limit the competitiveness of an ex-member on its north-western doorstep, even at the price of harming its own member-states’ economies. That is bound to maintain, if not incrase, its tendency to intransigence.

Britain taking up its seat at the WTO this week, for the first time as an independent member in nearly 50 years, has sent what ought to be a powerful signal to Brussels that, if it continues to try to insist on setting both our regulatory environment and legal order after Brexit, then we are quite prepared to walk away and go WTO.

 

We must not allow the EU to bind our hands in trade negotiations with other partners Stephen Booth, Conservative Home

In what’s been appropriately described as a ‘multi-dimensional game of chess’, and despite the demands likely to be made on our trade negotiating resources and expertise, for Britain to conclude, or at least substantially conclude, as many overseas trade deals as possible during 2020, in parallel to the trade-talks with the EU, must be an imperative.

In macro terms,  one vital fact should not be overlooked. Time is not on the EU’s side. The Eurozone economy is suffering its slowest growth in 7 years. Internally, its rate of GDP growth continues to decline, while externally, it accounts for an ever-diminishing share of global GDP growth.

EU quarterly real gdp growth 2016-19

EU declining share global GDP growth

Seeing the UK reach trade deals with the parts of the world which are growing, not stagnating, is essential towards disincentivising the EU from continuing to insist on its absolutist level-playing-field on, e.g.,  state aid, environmental and labour standards, an approach which is intended, not so much as to facilitate trade, as to protect its own heavily regulated economies from competition.

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Brexit-Watch: Saturday 29 February 2020

Note: Longer and updated version of the article originally published at The Conservative Woman earlier today, Saturday 29 February 2020

A weekend update on some recent key Brexit-relevant story headlines, choosing four which, while not necessarily meriting a full-length article, nevertheless warrant a paragraph or two of comment, rather than merely a couple of lines.  (NB: (£) denotes article behind paywall.)

 

Dealing with the French: Frost versus Barnier, Bacon versus DescartesRobert Tombs at Briefings for Britain

Few are better qualified than Professor Tombs to expound on the historically different approaches to philosophy and law which govern the respective attitudes of the French and English towards the negotiating of treaties.  The former view the opening text as sacred, to be departed from only minimally, if at all: for the latter, it is merely a starting point from which give-and-take bartering can proceed towards, eventually, a mutually acceptable outcome.

Personally, I find it a curious paradox how, when it comes to the nuts and bolts of trade negotiations, it’s the British who are pragmatic and transactional, while the Brussels Eurocrats are institutional and inflexible: but that, when it comes to the philosophical question of EU membership per se, it’s the Eurocrats who are transactional, emphasising alleged economic advantage, while the British are constitutional, prioritising the principles of sovereignty, democracy and self-government over the risk of temporary economic disruption.

Anyway, to the schism identified by Professor Tombs must be added current domestic politics among the main EU protagonists. In Germany, Merkel’s originally anointed successor as CDU party leader and Chancellor having withdrawn, the contest has now degenerated into an unedifying struggle between two fairly unimpressive male apparatchiks.  In France, an already unpopular Macron faces municipal elections in late March from which he is likely to emerge weakened.

The two diametrically different approaches, coupled with more volatile both French and German domestic politics, could well turn the Brexit trade-talks into a dialogue of the deaf.  In which case, the likelihood of Britain deciding that further negotiation is pointless, and walking away to WTO terms, will become even greater.

 

EU’s uneven playing field revealed – Germans, Belgians, Italians, French are the worst offendersFacts4EU

This is about the EU’s restrictions on the power of member-states’ national legislatures on state-aid and competition. Yet despite the insistence by Barnier on ‘red lines’ for a ‘level playing field’ regarding his demand for continuing UK-EU ‘regulatory alignment’ after Brexit, the EU is, as ever, the greatest breaker of the rules it purports to impose on others.

Germany, France, Belgium and Italy all receive favourable state-aid dispensations at between three and four times the rate Britain does. Some ‘level playing field’. . . .  Moreover, identifying where responsibility lies for administering the rules is typically shrouded in bureaucratic obfuscation. It would be futile focusing on this area to the detriment of others in negotiation.

Once again, it’s possible to envisage this issue causing Labour some trouble domestically, especially if the party, though nominally united, has ongoing tensions between the soft-Left faction of presumed winner Starmer and the defeated hard-Left camp grouped around Long-Bailey.  Remember, Corbyn repeatedly appeared torn between his desire as a Remainer to stay within the EU’s ambit and his desire as a socialist to use taxpayers’ money to prop up failing businesses.

 

UK-EU: a question of trustFinancial Times (£)

Briefly, for those unable to breach the paywall, the article references the spat between Britain and the EU on the former’s accusation that the EU resiled from its offer of a Canada-style Free Trade Agreement, and the latter’s accusation that Britain is resiling from a previous agreement not to re-open aspects of Theresa May’s Political declaration. It goes on to regret the end result of the document supposed to guide the negotiations being at the centre of a feud.

It’s hard not to see a combination of naïveté and anti-Brexit EU-philia at work here.  These negotiations were always going to be conducted in an atmosphere of bad faith on the EU’s side.  The reason isn’t hard to discern.  Going back to Professor Tombs’ article, for Britain, these negotiations are transactional: for the EU, on the other hand, they are near-existential.

As the Bruges Group remarked this week. . .   

Indeed.  But that’s also slightly to miss the point.  The EU is conceptually incapable of treating us like any other country.  Alone among other countries who joined it, we have chosen to repudiate and quit their to them noble but to us neo-imperial Project.  For that, in their world-view, we are heretics who must not only be punished for our apostasy but be seen to be punished for it.  If that sounds quasi-religious, it’s because it is.  These negotiations were pre-destined to be acrimonious.

 

The UK and EU Negotiating Mandates ComparedGlobal Vision

It’s clear from this comprehensive, up-to-date summary, including all the developments of the past week, that behind the spin disseminated via the headline/soundbite-wanting media lie some potentially insoluble points of contention.

Fishing is the obvious and arguably also the most difficult one since, despite its relative insignificance economically, it is hugely important politically and even almost symbolically, given its public profile: one can easily see it being the bellwether by which the whole deal is judged.  The UK has rejected both keeping current levels of access for other EU member-states, and sequencing.  It could be the difference between an agreement and WTO.

The so-called level playing field and rules of origin issue, and I think we can expect EU obduracy on financial services, torn as it is between mercantilist envy of the City’s dominance and knowledge of EU firms’ dependence on it. Generally, if the EU refuses to budge on demanding its own legal order be supervening, the UK has made it clear there will be no agreement.  Don’t delete your online WTO guide just yet.

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Brexit-Watch: 22nd February 2020

Note: Longer and updated version of the article originally published at The Conservative Woman earlier today, Saturday 22 February 2020

A weekend update on some recent key Brexit-relevant story headlines, choosing four which, while not necessarily meriting a full-length article, nevertheless warrant a paragraph or two of comment, rather than merely a couple of lines.  (NB: (£) denotes article behind paywall.)

 

The EU’s absurd and ever-changing position reminds us why Britain voted to leaveTelegraph (£)

Global Vision’s Shanker Singham on how, having originally offered Britain a Canada-style free trade deal with add-ons, the EU has backtracked to the extent of demanding a provision which it doesn’t insist on even in its FTAs with China and the USA: namely a guarantee that whenever the EU changed its laws, the UK would follow suit, in perpetuity.  This would in effect subordinate our own trade’s legal architecture to EU state aid rules and ECJ oversight.

Brussels also demands what it calls ‘dynamic regulatory alignment’; meaning in effect that, to secure a FTA, the UK would need to become a rule-taker from Brussels with no say in how those rules were set.  Both moves are perfect examples of the intransigence which caused us to vote to leave in the first place.  But Johnson will need to be watched to ensure there is no backsliding or dilution of our refusal to capitulate to this.

 

The EU isn’t interested in free trade with the UK, just political domination –  Briefings for Britain (formerly Brexit)

An argument whose first premise has been amply borne out this week by Brussels’ attempt to move the goalposts, firstly, by trying to hedge a Canada-style deal about with onerous conditions, in what looks like a naked attempt to hobble Britain’s ability to compete against an over-regulated, sclerotic EU.

Secondly, by Barnier’s ill-tempered refusal of a Canada-style trade deal on transparently spurious grounds of geographical proximity.  And thirdly, by even demanding the return of the Elgin Marbles to Greece as part of any trade deal. 

With the growing presence of nation-state populists in both member-state and European parliaments, making Brussels desperate to make life outside the bloc as difficult as possible for Britain, the argument’s second premise is no less valid.

 

Post-Brexit funding row breaks out in BrusselsTimes (£)

Very much at the forefront of Eurocrats’ minds, in the sense of trying to show the remaining 27 member-states, by its treatment of Britain, just how difficult it will make life outside the bloc for any other country which decided to emulate Britain and leave, taking its contributions with it.  Brexit leaves a €75 billion-sized hole in the next 7-year budget.

The implications for member-states’ internal politics are significant.  Germany’s extra payments are 6 times France’s, and Merkel’s CDU is under electoral pressure from the Eurosceptic AfD.  France’s low-level Gilets Jaunes insurrection each weekend shows no sign of abating, and the Marion Maréchal (Le Pen) led Rassemblement Nationale expects to make big gains in this year’s French municipal elections.  Just to make life more difficult for Macron, the Dutch, with an economy only one-third the size of France’s, are objecting to paying EU contributions 70 per cent higher than France’s.

 

What Keir Starmer would mean for BritainFT (£)

To which headline must of course first be added the caveat: if he becomes Labour leader.  Admittedly, it looks unlikely that he won’t, but Rebecca Long-Bailey has the endorsement of Len McClusky’s Unite Union and, as far as I can establish, no candidate has ever won the Labour leadership without it.

In the short term, Starmer as leader will impact more on Labour’s internal politics than on the course of Britain’s exit.  Johnson has a compliant Parliamentary party with an unassailable majority, so Starmer won’t be forcing any change of policy.  He will however be far more soft-Brexity and even Rejoin-inclined than Corbyn, so could arouse some disquiet among Labour MPs in Brexit-voting seats who narrowly survived December’s massacre and could be the next bricks in Labour’s Red Wall to tumble.

What he will bring to the table, however, is a lawyer’s far greater ability than Corbyn possessed to absorb the fine detail of any agreements, and then subject Johnson to forensic questioning on them.  Boris is a big-picture blusterer, not a details man, so he could well under-perform when put under this kind of pressure.  Coupled with growing resentment at his eco-policies, this could well cause his popularity and approval ratings to dip.  So Starmer could impact internal Tory politics as well.

 

What these four articles taken together show is that the EU is visibly in big trouble on several fronts.  Not mentioned in any of the four above is the mountain of bank debt on the books of the ECB, which potentially limits it from engaging in any further quantitative easing to try and boost currently slowing growth in the sclerotic Eurozone. 

If only our own negotiators would recognise it, and leverage it to drive a harder and more advantageous deal for Britain.  Though if the evident intransigence of the EU is a guide, it surely increases the chance of our eventual exit on WTO terms.

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Just What – Or Rather Who – Is Driving Theresa May on Brexit?

Two in theory separate but in practice closely-aligned groups of anti-democratic vested interests are influencing, with her concurrence, Theresa May’s obdurate pursuit of a Soft-Remain Brexit-In-Name Only       

Note: longer and updated version of the article originally published at The Conservative Woman on Wednesday 24th October 2018

On the “what” of Theresa May’s catastrophically-inept, stubborn, secretive, submissive and duplicitous conduct of the United Kingdom’s Brexit negotiations, there is little room for doubt.

The original story, of her deceitful complicity in the covert No 10 operation that gestated her infamous Chequers Plan – which she obstinately persists in clinging to, despite its manifest flaws and rejection by both colleagues and Brussels alike – has received extensive media coverage.

Since then, the details of her successive capitulations to, and appeasement of, the EU’s intransigence, such that the position she is now reduced to claiming is a meaningful EU exit that delivers the Referendum result is scarcely distinguishable from continuing membership at all, have received equally widespread publicity.

In summary, having let herself be totally outmanoeuvred on the Northern Ireland backstop – with the connivance, on this and much else, of  a Civil Service opposed to Brexit in principle and resolved either to dilute it to insignificance, or thwart it altogether – she now proposes a £57 billion-costing, non-voting vassal-state transition until 2022, before a permanent Customs Union, adherence to EU Internal Market rules, inability to strike external trade deals, continuing subservience to the European Court of Justice, and possibly also even surrendering domestic control over tax policy.

And that’s disregarding her also signing away UK Defence and military autonomy to the incipient European Defence Union on the sly.

What UK Gov has agreed re EU Defence

So there’s no lack of knowledge or detail about what May is doing.

In contrast however, the “why?” of May’s incompetent, disingenuous and potentially-disastrous, yet doggedly determined prosecution of a soft-Remain (non)-Brexit has received little attention in comparison. This may be an understandable omission in the urgency of reporting and analysing day-to-day developments: but it’s surely as equally important. It’s time we started considering the possibilities seriously.

First, is it just an admittedly truly staggering level of ignorance and incompetence, but nothing more? May’s failings of both competence, intelligence and leadership are hardly either unknown or doubted: indeed, I’ve argued myself earlier this year that she should be ousted and replaced on those grounds alone.

But it does seem unlikely that anyone could be merely incompetent to May’s degree. Nor would it account for the combination of calculated deviousness and intolerant-of-dissent petty authoritarianism by which she had her Chequers Plan formulated behind the backs of Cabinet, MPs, Party and country, then pre-cleared with Merkel, before imposing on her Cabinet without prior warning, on pain of dismissal. Other factors must surely be in play.

A conspiracy theory occasionally advanced is that the myrmidons of the Deep-State – or the New-Class Establishment Elite if you prefer – which always was and remains viscerally opposed to Brexit, have something on May and/or her husband which would be acutely embarrassing, even resignation-inducing, if revealed, and can therefore control her approach to Brexit. Adherents hint darkly for example, about how the Home Office Inquiry into allegations of Westminster organised child sexual abuse was effectively neutralised during her reign.

But is this not also unlikely for a self-described “goody two-shoes” whose idea of taking daring risks is skipping though a field of wheat? Besides, if so, wouldn’t she have anyway used her 6-year tenure as Home Secretary to ensure that any such material was safely buried, as Jack Straw is widely rumoured to have done with MI5 files on the New Labour hierarchy’s past Communist allegiances?

In her Sunday Telegraph article of 21st October, Janet Daley suggested that a submissive May is surrendering to the EU’s playing hardball with her in the Brexit negotiations because both it and she are impressed by the constant stream of out-of office Referendum-repudiating Remainer politicians dancing attendance on it in Brussels, assuring it that Brexit can be stopped if it continues to display the intransigence it has to date.

I don’t buy this. If the EU is knowledgeable enough about current UK politics to know that May is in deep trouble, and is a pushover, then it’s surely also knowledgeable enough about current UK politics to know that the opinions of the Unreconciled Continuity-Remainer political claque epitomised by Blair, Clegg, and Major actually carry very little weight in UK. The theory that May is capitulating to its intransigence because it thinks that they represent UK public opinion and that she is in fear of it, seems to me to just not stand up.  

For what it’s worth, my theory is this: that May is knowingly, in effect willingly. being held hostage by, and dancing to the tune of, two nominally separate but very closely aligned groups.

Theresa's Puppet-Master Olly RobbinsFirstly, the Number 10, Cabinet Office, and Foreign Office officials, in whose hands – having little discernible knowledge, judgement or confidence of her own – she has been ever since taking office, who are reportedly uniformly opposed to Brexit, and of whose private and unreported contacts behind the scenes with EU officials we are unaware.

Secondly, the pro-Remain side of Big-Business that’s essentially crony-corporatist rather than competitive free-market capitalist, and which channels its collective view to Government through the CBI, which represents predominantly that particular type of business organisation.   

There a reason why May, instinctively a big-government statist, might be particularly receptive, both to the blandishments of this particular lobby, and to the idea that “business” equals the CBI.  

To the extent that she is ideologically wedded to anything at all, May seems much more inclined to the EU’s preferred model of state-interventionist, crony-corporatist “Rhenish capitalism” than she does to the quintessentially Anglosphere small-state, low-tax competitive free-market model of capitalism. She did after all join the Conservative Party in 1973 when it was led by Heath, who thought very much along those lines.

Remember, too, the CBI was fiercely pro-Remain, despite its undistinguished record of having being wrong about almost every major issue for the last 100 years. including nationalisation, Prices and Incomes Policy, the Exchange Rate Mechanism, and, most of all, the UK joining the Euro.

EU Lobby LandCBI-type pro-Remain Big-Business finds EU membership most congenial. First, the EU’s regulation-heavy regime is highly susceptible to corporate lobbying – in 2016 there were an estimated 37,000 lobbyists in Brussels alone – for regulation and restrictive practices that favour the interests of large producers over those of consumers, and which tend to entrench oligopoly rather than generate competition. In addition, the EU’s secretiveness and lack of transparency at the very least facilitate outright corruption.

Second, the large CBI-type corporates that do the lobbying have the economies of scale to cope with the mountains of EU-originating red tape, forced compliance with which cripples their smaller, nimbler potential rivals, especially innovative start-ups. And the deal which May currently wants to accept would in effect keep all UK business, not just the mere 15-20 per cent of it involved in exporting to the EU, subject to the EU regulation which Big-Business specifically lobbies for in pursuit of its own anti-competitive interestContinuing membership for all intents and purposes thus acts acts as a barrier to entry for its competitors.

There has already been persuasive circumstantial evidence of Big-Business complicity in, if not influence on, the Government’s conduct of Brexit. Readers will remember how, in the earlier iteration of Project Fear about a No-Deal Brexit, in the run-up to May’s infamous Chequers Summit, Business Secretary and arch-Remainer Greg Clark emerged as not merely been the willing mouthpiece of pro-Brussels, crony-corporatist Big-Business, but perhaps its persuasive script-writer too.

And it’s still going on. But keep that name in mind. Because for some time, there have been unsubstantiated rumours that the same Greg Clark – possibly the ideal choice for the role of the Government’s Big-Business’ fixer, being so utterly uncharismatic and unremarkable as to be virtually anonymous – had long assured Japanese motor manufacturers in the North-East that Britain would be remaining in the Customs Union come what may, despite all the guarantees for public consumption that Brexit would involve exit from both it and the Single Market.

Corroboration, however, is now starting to emerge. In an article for Conservative Home on Tuesday 16th October, Stewart Jackson – former Peterborough MP and more recently Chief of Staff to David Davis when the latter was May’s Brexit Secretary – openly called Greg Clark’s dealings with Nissan “dubious”and condemned Clark’s refusal to publish his correspondence with the company, despite Clark having pledged to do so to the House of Commons.

Jackson went to say that pro-Remain Chancellor Philip Hammond, plus Clark and his officials, were briefing, from January of this year, that the UK would be staying in the Customs Union, and that the Irish backstop was the cleverest possible wheeze to ensure that this happened. Significantly, perhaps, those allegations have not been refuted.

Jackson is not alone. Recently, Daniel Moylan, former both deputy chairman of Transport for London and chairman of Crossrail, has openly disparaged online the anti-Brexit “fightback of vested interests and their Cabinet advocates”, and also speculated  whether, as now seems highly likely at least, such a secret promise was indeed given by Clark, with May’s blessing, to the motor industry.

If so, then it would at the time have been totally inconsistent with the vision of Brexit that May was publicly advancing so clearly in her Lancaster House and later Mansion House speeches. And even now, the UK negotiating team appears to be closing down every significant element of Brexit: one by one: laws, trade deals, money.

The theory, therefore, about why May is prosecuting Brexit in the way that she is – deceitfully and secretively negotiating the softest of Soft-Brexits, not in the wider interests of the British people and economy and honouring the Referendum result and her own 2017 Manifesto pledges, but in the narrow sectional interests of anti-Brexit Whitehall and pro-Remain Big-Business – at least appears plausible.

And it leads on to another, equally intriguing, one.

For two years, the Cameron and then May Governments have been excoriated for having failed to plan in advance for the possibility of a Leave vote in the EU referendum, for instructing officials not to prepare for one, and for not doing very much to plan its implementation for several months afterwards.

But what if we were all looking in the wrong direction, and Plan B was there all the time, hiding in plain sight? What if a contingency plan for a Leave vote was prepared, in secret, and the title of that contingency plan was: ‘Theresa May’? And prepared because it had been determined, at the deepest, innermost levels of the State, that whatever the Referendum result, even an 80:20 win for Leave, Britain’s exit from the EU could not be allowed to proceed?

May coronation July 2016 1On this theory, there was an intention that a Leave vote would never be honoured if it occurred, but muted, if not thwarted. So did Cameron assist by resigning to be conveniently replaced, in a rigged MPs-only coronation, by a Theresa May who, although a Remainer, had basically spent the entire campaign hiding behind the sofa, so that she was available and not too tainted by it when Cameron resigned?

A May who then proceeded, under the sway of, and with the full co-operation and support of, the equally pro-Remain, anti-Brexit Civil Service, backed up by a similarly inclined Big-Business and reliably on-message media, purposely to delay, dilute and diminish Brexit, including calling the unnecessary 2017 General Election? 

By writing, in concert with her closest confidantes only, a Manifesto whose contents even Cabinet Ministers were unaware of, and hardly saw before its launch? And then by deliberately throwing the election via a lacklustre campaign and crucial manifesto gaffe on long-term social care halfway through it, in order to weaken her own Commons majority and thus make it harder to get any pro-Brexit legislation through an anti-Brexit Parliament?

Fanciful? Maybe. But we live in strange political times. Who would have thought, three and a half years ago, that in the Autumn of 2018 we would have a Prime Minister whom large parts of her party believe to be complete disaster, but is kept in place out of genuine fear of her being replaced by a 1970s Trotskyist throwback as Leader of the Opposition?

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The Overpowering Stench of Treachery

The sheer scale and level, exposed by the past week’s revelations, of Theresa May’s deceit and double-dealing on Brexit have created an overwhelming miasma of perfidy that now envelops her, her Government, and her Party

Note: this is the longer (and updated) version of the article originally published at The Conservative Woman on Wednesday 18th July 2018.

If there was already a whiff of treachery surrounding Theresa May’s Machiavellian double-dealing revealed in her Soft-Remain (non)-‘Brexit’ plan sprung on her Cabinet at Chequers on Friday 6th July, then the past week has transformed it into nothing short of an overwhelming stench.

On Thursday 12th July, it emerged that May had not, as she claimed, merely ‘shown’ her plan to German Chancellor Angela Merkel: as many had suspected, correctly as it turned out, it had actually been submitted for approval. At the Chequers ‘summit’, the now-resigned former Brexit Secretary David Davis was, reportedly, told by May that her plan could not be changed, because ‘I have already cleared it with Angela Merkel’.

What an admission. Britain’s head of government requesting approval of her plan for Brexit, (if the ‘Brexit’ label can any longer be accurately applied to it all) before its disclosure even to her own Cabinet, from a foreign leader who, if not an enemy, must certainly be regarded as an adversary.

2018.07.12 Me Theresa Chamberlain Betrayal in our timeWas May really so naïve as to imagine that its content would not immediately be relayed to Michel Barnier and the EU’s negotiating team? If so, that surely beggars belief. Several less than flattering comparisons with Chamberlain’s 1938-1939 undue deference to Hitler inevitably followed, but were hardly excessive. May’s No. 10 Downing Street team reacted by issuing an (unconvincing) denial of the words allegedly used to Davis, but, tellingly, not of their substance.

Then, late on Saturday 14th July, came the bombshell. Former (and also-resigned) Minister of State at the Brexit Department, Steve Baker, revealed the covert, cloak-and-dagger operation, mounted by 10 Downing Street and presided over by May, not only deliberately to foil a Brexit which would fulfil the pledges of May’s 2017 General Election Manifesto and her Lancaster House and Florence speeches, so as to engineer as a substitute for it the Soft-Remain plan presented to the Chequers ‘summit’ as an unalterable fait-accompli, but also secretly to use the Brexit Department’s functions and output as deception and camouflage to fool Ministers, MPs and the public into believing that a genuine Brexit was being pursued.

Baker’s quotes were, and are, political dynamite, and almost defy belief:

An establishment elite, who never accepted the fundamental right of the public to choose democratically their institutions, are working towards overturning them.’

‘The Brexit Department was effectively a Potemkin structure designed to distract from what the Cabinet Office Europe Unit was doing for the Prime Minister’

May had willingly deceived not just us, the voting public, but even her own Ministers and MPs. She mobilised them to defeat the Lords’ Brexit-wrecking amendments in the House of Commons over the past few weeks, so as to preserve the façade of a plausible-sounding Brexit. At the same time, she was presiding over a secret plot cynically to deceive and exploit her own Brexit Department as a camouflage to conceal her Cabinet Office Europe Unit’s backstairs operation to procure her preferred Soft-Remain (non)-Brexit, in collusion with the EU negotiators.

In hindsight, it’s easy to see why the Eurocrats refused to negotiate with us on the basis of May’s fabled ‘Red Lines’, if they were at the same time being privately sounded out on what became the Chequers Deal. The ineradicable suspicion is that Brussels was being secretly assured all the time that our ‘official’ negotiating stance was mere theatre for the consumption of the gullible masses, and that the UK would accept whatever crumbs were chosen to be dropped from the Brussels table, at whatever cost.

Almost simultaneously, from sources close to Airbus, came allegations that May’s arch-Remainer inner circle had manipulated it into issuing, in the week preceding the Chequers ‘summit’, its much-publicised dire warnings about the dangers for jobs and exports of a No-Deal Brexit.

However, this commentary, by someone with the technical knowledge to know, suggests that the reality is rather more prosaic and long-term, and that subordinating the commercial imperatives of aircraft manufacturing to fulfilling the short-term expediencies of politicians with an agenda isn’t always the wisest course.

Whatever its effect, Airbus’ ‘welcome’ anti-Brexit contribution had, it was said, been agreed after discussions with the Government – presumably signifying Business Secretary and arch-Remainer Greg Clark having been not merely the willing mouthpiece of pro-Brussels, crony-corporatist big-business, but also its helpful script-writer too.

That, in the midst of all this, both Business Minister Andrew Griffiths’ forced resignation after sending over 2,000 ‘lewd’ texts to two female constituents, and the Government awarding a £2billion RAF contract, not to its compliant partner-in-deception Airbus, but to Boeing, passed almost without comment, spoke volumes.

Political observers were still trying to digest the Baker revelations when May herself appeared on the BBC’s The Andrew Marr Show on Sunday 15th July: though not before claiming, somewhat incredibly in The Mail On Sunday that she was ‘fighting for the Brexit that the British people voted for’, but later contradicting herself by issuing her ‘Back my Brexit, or I’ll abandon any Brexit’ threat.  How the latter was meant to assist the former was unclear.

Predictably, May’s interview with Andrew Marr did not go well. It culminated in what May obviously intended to be the takeaway soundbite, but which backfired spectacularly. Her “People may have voted with their hearts, but I have to be hard-headed” remark successfully managed to disparage 17.4 million Leave voters by condescendingly portraying them as merely un-thinking and emotion-driven.

It emerged later that day that, as if No 10 threatening dissenting Ministers with a walk home from Chequers on Friday 6th July wasn’t petty enough,  Conservative Central Office was now apparently contemplating threatening to withhold centrally-disbursed funds from Brexiteer Tory MPs.

2018.07.16 Strafford Tory threats de-fund Brexiteer MPsAlthough, if true, its enthusiasm for this may be tempered by the prospect of some of the £4million loans extended to it from constituency associations being recalled and used locally to support Brexiteer MPs, it did tend to show May’s claque behaving more like the henchmen of a paranoid Mafia boss than the office of the Prime Minister in a democracy.

The morning of Monday 16th July brought what is arguably the next phase of the Remainer-Elite’s Project Overturn Referendum, Justine Greening’s proposal for a second vote on  Brexit. Which is curious, to say the least, given her January 2017 assertion that, although she was a pro-Remain campaigner and voter, nevertheless ‘we have to respect the overall democratic result.’

Greening re 2nd Ref via Change Britain

If incredulous initial observations, that this was less likely to be an original idea conceived by Ms Greening, hitherto most noted for proposing that individuals be empowered to change their gender merely by ticking a box on an official government form, than a pre-planned, scripted, intervention using her as the designated mouthpiece, may have been merely churlish, the subsequent trenchant criticism and the  widespread derision heaped on her suggested Referendum question – two Leave options to split the Leave vote, but only one option for Remain – was more than justified.

Justine Greening's 2nd referendum planThe afternoon of Monday 16th July saw May make a statement to the House of Commons on the previous weekend’s NATO summit. Standing at the Despatch Box, and with a completely straight face, she criticised Russian President Vladimir Putin for ‘undermining democracy’. Not for the first time, she gave the impression that her brain simply does not connect her mouth with her memory.

The House then debated the Taxation (Cross-Border Trade) Bill. After (rightly, but, predictably, for the wrong reasons) May had accepted four amendments tabled by Brexiteers of the backbench European Research Group, the consequences of which would be effectively to render May’s Soft-Remain (non)-Brexit Plan unacceptable to the EU, the most die-hard Tory-Remainer MPs retaliated by actually voting with Labour, the Liberal-Democrats and the SNP, against the Government trying to pursue the Ultra-Soft Brexit they claim to want.

We thus saw alleged ‘Conservatives’, plotting with Leftists to prevent the Government honouring the very Manifesto commitment on which those same ‘Conservatives’ had been content to stand for election and be elected, a mere 13 months ago.

On the morning of Tuesday 17th July, those same die-hard Tory-Remainer MPs were reported to again be aiming to defeat their own Remainer-dominated Government in further debate on the Cross-Border trade Bill that evening. Despite knowing full well that, should they succeed in defeating the Government, that could precipitate a General  Election whose outcome was likely to be a Corbyn-led Government, no fewer than 12 of them voted with Labour and other Leftist parties in a way that reflected starkly their anti-Brexit recalcitrance and desire to see it halted it in its tracks, whatever the cost to their Party.

The 12 Remainer rebels

They failed. Thanks to 5 brave Labour-Brexiteers defying their Party and voting with the Government, not to ‘support the Tories’ but to uphold democracy, the Government won the vote by 307 votes to 301. This almost certainly means that the May-Robbins Soft-Remain (non)-Brexit Plan will be dead on arrival in Brussels, containing provisions that the EU could probably never accept.

However whether a Prime Minister, who by now evidently lacked the authority even to persuade MPs to award themselves five extra days’ paid holiday by bringing Parliament’s Summer Recess forward, would have even noticed is in itself debatable.

To an extent, the Greening proposal and the Parliamentary antics of the die-hard Tory-Remainer MPs are peripheral to the reek of deliberate betrayal now pervading the May Administration and the upper reaches of the Conservative Party. But they are nevertheless an integral part of it.

With the possible, and even then disputable, exception of Blair on Iraq, I personally cannot recall in recent political history an example of a Prime Minister practising sheer anti-democratic duplicity and deception on a level and scale equivalent to what has been revealed about May in the past week.

While pretending to be implementing the democratically-expressed wishes of the British electorate, she has in fact been systematically deceiving her own Cabinet, Ministers, MPs, activists, voters, and the public, in order to manifest the wishes of a small coterie which clearly regards both the demos and the institution of democracy with undisguised contempt, and as something to be ignored, if not covertly circumvented, if it delivers an outcome uncongenial to them.

Moreover, the Party that she nominally – and I use the word advisedly – leads cannot escape the charge of complicity in her perfidy. Which other Ministers were in on the plot? Who knew what, and when? At the very least, that the majority of its MPs, even now, support her desire to mute if not negate the largest mandate for one specific policy in British political history leave them open to that charge.

Were her chicanery and double-dealing, and their own charlatanry, restricted to matters of domestic politics, they might, though still egregious, evade the ultimate accusation of treachery. But they are not. They prejudice and endanger, not only the enduring public consent for our constitutional settlement and the continuing validity of our democracy, but also the nature of our relationship with a foreign power who, though it may not be an enemy, is arguably an adversary and certainly not, in this matter, a friend. It is this latter element which surely makes the accusation of treachery tenable.

The present ‘Conservative’ Party, at least in its higher echelons of command, has been exposed this past week as a morally-bankrupt cesspit of political putrefaction, a rotting, decaying husk. In another, perhaps better, time, a Prime Minister accused of what Theresa May now, with justification, stands accused of, would have been defenestrated within days, if not hours. That she is allowed to cling insecurely to office, incompetent and ineffective in everything she does except calculated betrayal, is the visible manifestation of the overpowering stench of treachery that envelops her and her Party.

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We Must Re-Create The Brexit Movement

The Brexit Movement, prematurely wound down after the EU Referendum, needs re-creating to continue making the case for it, so as to keep pressure on the Government to deliver it.

Note: this is the long (and updated) version of an article first published at The Conservative Woman on Friday 17th November 2017.

Like many ConWom readers, I suspect, I spent the early dawn hours of Friday 24 June 2016 in a state of ecstatic semi-euphoria that the British people had ignored the pro-EU hectoring of the massed ranks of the New Establishment and their globalist backers, and had voted to leave the EU. It didn’t last very long.

Such was the furious reaction of the Remainer-Elites and their compliant media courtiers to their unexpected defeat that, before the day was out, I’d become convinced that while we had won the Referendum battle, we certainly hadn’t yet won the war, and that the celebrations of some, on the assumption that all that was needed to achieve Brexit had been done, were hubristic and perilously premature.

I even tweeted as much, as this selection from my Twitter timeline between early that Friday morning and late that evening shows (with apologies for the profanities…)

But sadly, this is precisely what happened after the Referendum. The Vote Leave campaign wound down: its principal Conservative politicians dived headlong into the internecine strife within their party from which its Remainers emerged predominant, while its successful CEO, Matthew Elliott, decamped to the Legatum Institute.

On the Leave-EU side of the Brexit movement, an insufferably bombastic and complacent Nigel Farage resigned as leader of UKIP to forge a new career in the media as the man who won the Brexit that hasn’t occurred yet. UKIP meanwhile has collapsed into virtual irrelevance after the two most credible replacements were seen off by the residual Farageistes, is now led by a non-entity, and is near-invisible. 

A couple of pro-Brexit campaign groups persist, but active mainly on social-media only. One of them, connected to the Leave-EU movement, has a website where it’s comparatively rare that the space taken up by the text of a blogpost actually exceeds the space taken up by images accompanying it. 

In effect, the loose coalition that delivered that historic vote by 17.4 million people to retrieve their sovereign nation-state popular democracy from supranational unaccountable-elite technocracy, and the communications infrastructure that made it possible, has all but dissolved.

It’s this article’s contention that this has been a catastrophic error: that developments,  not only since the Referendum generally but specificially more recently, are placing Brexit in ever-greater jeopardy: and that the Brexit movement needs to be re-constituted and go back on to a war footing, to fight for what the British people voted for, and even contest if need be the second referendum which I personally believe to be the Unreconciled Remainers’ end-objective.

Although the Leave coalition subsided, the Remain campaign never ceased. Unlike Vote Leave and Leave-EU, the pro-Remain Open Britain campaign has never wound down, and continues to make the anti-Brexit case.

Readers will recall the ugly post-Referendum orgy of anger and hatred directed by ‘liberal’ Remainers and their cheerleaders at Leave voters, the constant attempts by the academic and judicial elite to delegitimise the Referendum result, and the sometimes near-hysterical anti-democratic polemic of, to name only two egregious but typical examples, the philosopher A C Grayling and Labour MP David Lammy, so I need not reiterate them.

It intensified once again during the Gina Miller litigation designed to facilitate a majority pro-Remain House of Commons vetoing the Government’s Article 50 notification. But it lessened somewhat after Parliament voted by 494 votes to 122 to authorise the triggering of Article 50 by 31st March, and matters reached a sort of uneasy equilibrium.

But then came May’s ill-advised, mismanaged General Election. When she and the Conservatives were returned drastically weakened, the Continuity-Remain movement was re-invigorated and its political, civil service, media, academic and judicial channels have visibly stepped up their campaigning by several levels of magnitude. They’re making the running: they look increasingly confident that Brexit really can be stopped and the Referendum reversed, and a majority-Remain Government seems at best half-hearted in response.

Now the fight is intensifying even more with the tortuous passage through Parliament of the EU Withdrawal Bill. The parties of the pro-EU Left have made clear their intention to conduct a guerilla war against it, voting against even the clause setting out its overall purpose, aided by 15 or more Unreconciled-Remainer rebels on the Tory back benches, some with considerably less honourable motivations than others.

In passing, let’s dismiss the disingenuous platitudes so many of these utter about wishing to do no more than “improve” the Bill. In many cases, it’s self-serving cant. They want to keep us in the Single Market and Customs Union, and under the jurisdiction of the European Court of Justice,  not out of genuine concern for our post-Brexit trade prospects or the position of UK-resident EU nationals, but to engineer either a Brexit-in-name-only, or one which is so close to EU membership that re-joining would seem like a logical step.

Many remain unreconstructed supporters of the EU Project and Britain’s submersion in it. It’s long been clear that, for them, the prime attraction of EU membership lies in is its very anti-democracy: it enables them to put as much policy-making and as many decisions as possible beyond the reach of what they see as the capricious domestic democratic process and an electorate whose views they by-and-large do not share and for whom they harbour a visceral contempt.

If some of the amendments being proposed already seem very technical and legalistic, be prepared: worse is yet to come. In this very detailed long-read published on 12th November at Brexit Central, Professor David Campbell of Lancaster University sets out how the legislative process of Brexit could become almost impenetrably bogged down in the morass of a quasi-constitutional conflict over the supremacy of the Judiciary, or Parliament.

It doesn’t look impossible that it could establish the supremacy of the Judiciary over that of Parliament. Just think what that would do to the prospects of Brexit happening at all. That partly explains, in my view why such an ardent anti-Brexiteer as Labour’s Keir Starmer is so keen to maintain the jurisdiction in post-Brexit Britain of the European Court of Justice.

Professor Campbell concludes that we may need an Assertion Of Parliamentary Sovereignty Act to make Brexit tamper-proof from judicial-activist usurpation of the powers of Parliament to implement the express instruction of the electorate.

If the EU Withdrawal Bill is set to have a rocky passage through Parliament, imagine how difficult it would be for a minority Government to push legislation, whose effect would be to prevent the pro-Remain Judiciary from blocking Brexit on constitutional grounds, through a marginally pro-Remain Commons and a majority pro-Remain despite unelected Lords.

Another potential complication emerged on 14th November, with a European Court of Justice ruling that EU citizens who become British do not lose the right to bring a non-EU spouse from a non-EU country to live with them in the UK. The continuing post-Brexit application of ECJ human-rights rulings is figuring strongly in debate on the EU Withdrawal Bill, so this is a further area where continued pro-Brexit advocacy is lacking.

May herself arguably opened a new front in the anti-Brexit campaign with her speech to the Lord Mayor’s Banquet on Monday 13th November. Yes, it is possible to interpret her remarks on Russian interference in Western elections as a desperate ploy to divert attention from her domestic travails: but it’s also possible to interpret it as a fresh attempt to de-legitimise by association the entire Brexit vote, especially the evening before the EU Withdrawal Bill was re-introduced into Parliament, with every prospect of the Unreconciled Remainers on her own back benches determined to vote it down on any pretext?

The signs are ominous. The EU is refusing to move on to talks about a post-Brexit trade relationship unless its exorbitant financial demands are agreed. Each UK concession on these is banked, not reciprocated, and met with merely a request for a larger sum. On 20th November, it even had the temerity to demand in effect an EU veto on UK domestic tax, environmental and business-regulatory policy after Britain has left the EU.    

Its intransigence is being encouraged by a UK media overwhelmingly hostile to Brexit and resolved to paint it in the worst possible light. Sir Humphrey, for whom Britain’s EU membership has been axiomatic for 40 years and thinks Brexit a monumental folly of crude populism-appeasement, is dragging his feet.

The Government is being forced by its weakness and wafer-thin, DUP-dependent, majority into unwanted concessions. It’s conceding votes in Parliament on aspects of Brexit which, with the clear instruction delivered by the Referendum result, should no longer be in play at all. In these circumstances, that it might, to win a crucial vote, concede a second Referendum, either on the terms of our exit, or even on the decision itself to leave, can’t in my view be ruled out.

If that comes about, the Remainers will have achieved what has been their prime objective – and also the EU’s, for it has an unsavoury record of ignoring plebiscites with unwelcome outcomes and requiring electorates to vote again and again until they come up with the “right” answer.

And then what? Unlike Vote Leave and Leave-EU, the pro-Remain Open Britain campaign has never wound down, and continues to make the anti-Brexit case. Continuity-Remain could gear-up for a second EU Referendum comparatively quickly. The money would come flooding in.

It’s victory, though, would be far from a foregone conclusion. Since June 2016, the electorate has seen the EU moving faster towards ever-greater integration and centralisation in ways the Remainers denied were even being contemplated. It’s seen how so many of the scaremongering predictions of Project Fear failed to materialise. A second Referendum could be won with another Leave vote.

But not without a campaign organisation. Even without a second Referendum, Brexit feels in enough danger to justify the reconstitution of the Leave coalition, if only to continue to make the case it made so effectively in the first half of 2016, and hold the Government’s feet to the fire. The Brexit movement needs to be re-created.

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