Archive for October, 2019

Brexit Plan: EU Stands Firm

Tuesday, October 8th, 2019

It can come as no surprise to anyone that the Boris plan is hitting the EU buffers, because it offends against all the principles that underpin the EU as a political as well as trading union. It offends against the good Friday Agreement because an all Ireland economy and social order, now enjoyed, will be fractured. Almost everybody in NI, except the leadership of the DUP, opposes it.  And it will not work anyway.

The government knew all this  from the very beginning.

So, either:

Boris allowed the ERG to drive its shape so as to neuter their power, then to agree with the EU a version much closer to May. The opposition parties would  be offered the chance to vote it through in time for an orderly departure or bear the responsibility for a crash out, reversing the political tables. The snag in that scenario is that the combined and rather disjointed opposition probably would allow it through, but with an amendment attached requiring a confirmatory referendum of the terms, with Remain as an option. That would likely result in the end of the Brexit project. And at the following general election a Tory wipe out.

Or:

Boris and his government are hell bent on a crash Brexit, the offer was never intended to be taken seriously, but provides a backdrop of EU intransigence, to allow a No Deal exit on October 31st.

But what about the Benn Act?

This is where it gets into the hidden agenda conspiracy stuff. Something, everyone agrees, is going on behind the scenes which gives the government a chirpy confidence.  I believe this is the fact that EU Law trumps UK law, ie the Benn Act. Article 50 is EU Law and  states that on leaving, a State can do so without a deal for the future or a Withdrawal Agreement. The government’s lawyers clearly believe it would be very difficult for the UK Supreme Court to rule against that and if it did, irony of ironies, Boris could appeal to the hated ECJ.

It’s not over yet and many fear it never will be.

But then again, like the Berlin Wall, the end could be quite sudden.

 

 

Northern Ireland: Democracy and the DUP

Sunday, October 6th, 2019

Somehow the DUP mamanges to put about the fake news that it speaks for the majority in Northern Ireland. It does not. In the 2017 general election it won 36% of the votes cast. In the 2016 Brexit Referendum Northern Ireland voted to stay in the EU by a significant margin, 55.8% Remain –  44.2% Leave. The DUP is a Leave party, in a Remain nation.

The majority of people, organisations, businesses and voters in Northern Ireland want to stay in the EU and are opposed to the ridiculous and unworkable new deal  submitted by Boris to the EU, who have already rejected it. There is no democracy anywhere to be seen.

So Will The Boris Plan Fly? No.

Thursday, October 3rd, 2019

The reason the Good Friday Agreement works is because it uses the umbrella of the EU to acknowledge all of Ireland as one country for the practical purposes of everyday life and business. One economy, freedom of movement,  domicile, goods, services, capital and labour. No borders. Two systems of government. One a fully functioning independent Republic, the other a peculiar power sharing system which spends a good deal of time not working. But this malfunction hardly matters because the combination of the UK to which Ulster is attached, Ireland of which it is a part, and the EU of which it is a member, makes its own system all but redundant.

Ulster voted to remain in the EU and the majority support Theresa May’s backstop. The DUP, the Tory Party’s ally, represents only the fundamentalist and extreme interpretation of protestantism and demands as its price not only a social order of societies and marches which would be banned on the mainland UK, but also that their country should be dragged out of the EU against its democratic will.

Boris now proposes customs checks and a mixed trading relationship which plainly will not satisfy either the majority in both parts of Ireland nor the rest of the EU. On top of this the whole thing is to be subject to approval or veto by the Norther Ireland Executive and Assembly, both of which are shut down and unlikely to reopen.

I struggle to see how on earth the EU can agree to such stuff or how on earth it will ever get through the Commons. But if you think it all good and go, so be it. You clearly know something I don’t.

Brexit: How No Deal Can Still Be Done.

Tuesday, October 1st, 2019

The government appears very gung ho about its ability to leave the EU on October 31st without a deal, when that option has been blocked by parliament. Something is going on behind the scenes and I think the reason  Boris keeps saying that he will obey the law, but we are leaving on October 31st, deal or no deal, whatever laws parliament has passed,  is this. Under the Lisbon Treaty Article 50 allows a departing country the option of a Withdrawal Agreement negotiated with the EU, but also allows the departing country to leave without a deal if none has, by the departure date, been secured.

EU Law trumps British law while we are still in the EU, so any law passed by parliament to ban No Deal, has no effect in EU law.  When Boris says he will obey the law, he means EU law. The options for the opposition to stop this dash into the unknown are either for parliament to rescind Article 50, or to remove the Boris government through a vote of  No Confidence.

It is possible that the extension request element of the Benn Act might be deemed lawful by the Supreme Court, but it could certainly be appealed to the ECJ by Boris and Co if they remain in power. Many, even most, would see that as an extraordinarily cynical manoeuvre, but a government hell bent on a Halloween Brexit, no matter what the cost, would see it as rather clever. Especially Cummings.

What has thus far been  a procedural stand-off in Parliament, with government in the conventional sense paralysed, is about to become a titanic constitutional fight such as we have never before seen. It is a fact the EU law trumps British law, so Boris could be on course for victory in the Brexit crisis, unless he and his government fall. The test is now for the opposition. Fail it and they will fail period.

Not only are we marching to a disorderly Brexit, but also to something close to a constitutional collapse. To prevent this, all the various parties and factions opposed to inflicting the worst of all worlds on the country, must stop grandstanding and unite to bring the government down in a vote of confidence, proposed by the Leader of the Opposition, ie Corbyn.  The Queen will then send for him as her opposition leader. He seems not to have the numbers to lead a government of national unity tasked to organise a choice of a sensible Brexit or staying in the EU, to be made by the people via some combination of a referendum and a general election. Provided opposition forces have agreed upon a candidate they can all support, Corbyn can advise the Queen to send for that person.

This needs to be done very soon, or it will come down to either going over the cliff, or the last minute rescinding of Article 50. Both are traumatic.