Friday 21 September 2018

Just a little respect

The late great Aretha Franklin demanded, and indeed commanded, respect. After a difficult 24 hours during which the EU27 decisively rejected Theresa May’s Chequers plan at the Salzburg summit, the prime minister was only able to demand it. It was not her finest hour! The EU’s rejection should have come as less of a surprise than the British press made out. It was less an “ambush” (as even the normally sober FT described it) and more a failure of the British government to correctly interpret the EU’s stance during the summer months.

Perhaps some EU politicians and officials did give the impression there were things in the Chequers plan that they liked which lulled the British government into a false sense of security. But even at the start of this month there were clear signs that the Irish border problem was not going well. Moreover, as I noted in July (here) the UK was always running a risk by asking for restrictions on the freedom of movement whilst calling for an association agreement which, to all intents and purposes, was a request to remain in the single market (at least for goods). Chequers was a cherry-picking plan par excellence and the UK government knew it. 

The way ahead has now become a lot less certain. European Council President Tusk announced that the “moment of truth” in Brexit talks would come at the EU summit on 18 October, by which time the EU expects to see a credible proposal for the Irish border issue. Recall that the October deadline was supposed to be the point at which the EU and UK would agree on the terms of the post-March 2019 arrangements, which would in turn be put to EU governments and the EU Parliament for ratification. That is now off the agenda. The hope is that an emergency summit in November will be the point at which these details can be thrashed out. But as Tusk noted, only if there is progress next month will the EU even agree to a November summit. Thus, October has become a critical deadline but for the wrong reasons – and failure to make progress here would substantially raise the risk of a disorderly Brexit next March. 

Domestic politics remains a major sticking point. Theresa May will next week have to face the Conservative Party’s annual conference without any support from Brussels and in the knowledge that domestic opposition to her Chequers plan is mounting. It is in this context that we should assess her extraordinary speech this afternoon in which she called for the EU to show more “respect.” The suggestion that “the EU is still only offering us two options” is actually the situation which UK voters faced in June 2016, and the choices are stay or go.

In the PM’s view, “the first option would involve the UK staying in the European Economic Area and a customs union with the EU … [but] that would make a mockery of the referendum we had two years ago.” She’s not often right but she’s wrong again!  Unless we all missed something, the decision to leave the single market and customs union was never on the ballot paper. Indeed, we were promised by many prominent leave supporters that exiting the single market was not an option. This interpretation of the vote is used by Brexiteers to justify their subsequent actions. However, it is –  to be blunt – a lie; fake news of epic proportions. And what is worrying is that this lie is being peddled by the PM. But whilst at first glance the PM appears not to understand the dynamics of the Brexit negotiations, which says a lot about her or those advising her, there is another interpretation. It is an appeal to the hardliners in her party ahead of next week’s conference. Simply put, this was Theresa May pleading for her job! 

The PM’s problem is that having set so much store by Chequers, it is difficult for her to abandon it. The Brexiteers have long opposed the Chequers plan because in their view it does not put sufficient clear water between the UK and the current EU arrangements. This highlights the British government’s dilemma: It cannot put together a plan that simultaneously satisfies both the EU and Leave supporters, and efforts to find a compromise have merely angered both sides. Recent suggestions by prominent Brexiteers that any deal agreed could be unpicked by a future government  or that the UK will not pay its financial obligations if there is no deal have done nothing to bolster the UK’s credibility in Brussels.

It is increasingly obvious that the simplest solution to many of the problems will be to postpone departure from the Customs Union – a policy which never made any economic sense. It will help to reconcile the objectives of reducing trade frictions whilst limiting the free movement of labour and is the only sensible solution to the Irish border problem. As it currently stands, the EU’s solution to the Irish border problem only  involves making provisions for Northern Ireland and not for the UK as a whole, which is (rightly) unacceptable to the UK government as it implies an internal UK customs border. But the UK’s backstop proposal envisages remaining in the Customs Union beyond 2020 (assuming a transition agreement is signed first).

Proposing to remain in the Customs Union would anger the Brexiteers. The question is whether the PM has the backbone to take them on. Only the Brexit ultras support leaving the Customs Union and my guess is that if she were to make this proposal to parliament, she would have the numbers to carry it through. At issue is whether she is prepared to demonstrate the leadership qualities required of a prime minister to make choices in the national, rather than the party, interest. I am not hopeful! 

As for Theresa May’s own position, speculation will mount that she is unlikely to survive too much longer, particularly since Boris Johnson is effectively mounting a leadership challenge via his weekly column in the Daily Telegraph. Consequently, the rhetoric at the party conference next week will sound as hawkish as ever with no talk of compromise. But make no mistake, that will come later – it has to! In any case, it is not clear that a change of leader resolves anything. May remains in post only because nobody else really wants the poisoned chalice. There is thus a good chance that she will remain in office until March but thereafter anything is possible.

But Johnson would be the worst possible candidate to try and negotiate with the EU following Emmanuel Macron’s comments earlier this year that “Nigel Farage and Mr Johnson are responsible for this crime [Brexit]: they sailed the ship into battle and jumped overboard at the moment of crisis.” In the words of one UK official quoted this morning in the FT “Now it’s getting real.”

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