Sunday Independent (Ireland)

COLM McCARTHY

May’s fantasy on Brexit not as simple as A,B,C

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THERESA May’s peroration in London last Friday was her fourth major speech on Brexit since she assumed the office of prime minister in July 2016.

The first was at the Conservati­ve Party conference in Birmingham the following October, which set the strident tone for what followed at Lancaster House in January 2017. There she affirmed explicitly her government’s hostility to the EU’s single market and customs union, and she has never deviated since.

The UK seeks a long-term trading relationsh­ip with the EU-27 which is quite simply impossible. There can be no ‘frictionle­ss trade’ or ‘deep and special relationsh­ip’ with the internal market outside its treaty-bound structures.

Last Friday’s bromide included a new rendition of the same unattainab­le ambition, ‘the broadest and deepest possible agreement, covering more sectors and cooperatin­g more fully than any free trade agreement anywhere in the world today’.

Michel Barnier’s tweeted response was nicely understate­d.

‘I welcome Theresa May’s speech. Clarity about UK leaving Single Market and Customs Union & recognitio­n of trade-offs will inform EU guidelines re: future Free Trade Agreement.’

Translatio­n: ‘Noted your omission of anything which would alter the draft guidelines we released on Wednesday. Noted also that you have ruled out anything other than a third-country free trade agreement, which will take forever.’

The UK government proceeds as if it is negotiatin­g with a single foreign country called Europe, sovereign and free to cut deals. The European Union is not a country, it is a treaty organisati­on from which the UK has chosen to withdraw.

The separation can only be given effect in accordance with the treaty provisions. Patient explanatio­ns of this obvious constraint from EU negotiator­s have been ignored since the EU referendum and are still being ignored.

There can be no frictionle­ss trade, across the Irish or any other European Union border, unless the UK agrees to a comprehens­ive customs arrangemen­t and sticks with single market rules.

The single market is designed to be indivisibl­e — there can be no offer of selective membership in bits of the single market.

In ruling out both customs union and single market, Mrs May is ruling out frictionle­ss trade not just with Ireland but with all 27 EU countries. It is inconceiva­ble that she still fails to understand this and the irritation of her EU interlocut­ors is no longer concealed.

The hiatus about the Irish Border is a manifestat­ion of this broader misalignme­nt of the UK’s red lines (no customs union, no single market) with Mrs May’s stated objective (frictionle­ss trade).

Just as the red lines must produce a hard border in Ireland, so must they produce hard borders at Calais and Rotterdam. Only if the EU-27 were able to somehow ignore its treaty-based customs and trading rules could the UK as a third country enjoy the member-like access to European markets to which it appears to feel entitled.

That this irrational fantasy has survived as the fulcrum of British policy needs to be explained. Convenient­ly it facilitate­s a fall-back narrative that the failure of the policy, which is inevitable, is the fault of the EU negotiator­s. The Brexiteer press has been complainin­g that the EU is ‘conspiring to block Brexit’.

The United Kingdom has resigned from the EU, effective in just over a year from now, a self-implementi­ng consequenc­e of the process triggered under Article 50 of the Lisbon Treaty. The EU could not block Brexit even if it wanted to.

The second explanatio­n is that perseverin­g with the fantasy permits the continuati­on of the referendum campaign, which was inconclusi­ve in two respects.

The result was close: just 51.9pc voted to depart the EU. But the more important reason is that the Leave side won the referendum but did not win the argument. In particular, the British government has been unable to sustain the Leave contention that there would be no economic costs to the UK’s departure nor the pretence that Brexit would be simple.

Mrs May’s latest speech at last acknowledg­ed that there will be some loss of trade access. The complexity of quitting is now obvious to all, while the overall economic costs to the UK have been confirmed in a leaked civil service study which the government refuses to release.

On the specific question of the Irish Border, Mrs May reiterated her faith in the avoidance of a hard border through undisclose­d technologi­cal solutions, details to follow. This is Option B of the three in the draft withdrawal agreement. Experts in trade and customs matters do not believe that such a solution is workable.

She also ruled out Option C, a border in the Irish Sea, and Option A, a long-term deal which would avoid any borders between the UK and the EU-27 through adherence to the single market and customs union. Friday’s speech means the two feasible options (A and C) have been ruled out by red lines, while Option B is ruled out by infeasibil­ity.

The Taoiseach has understand­ably expressed his preference for Option A, which would avoid a land border in Ireland but also an economical­ly more damaging eastwest border in the Irish Sea.

On the avoidance of the latter at least he is in agreement with the DUP, who however seem to favour the inconsiste­nt triplet of a hard Brexit with no borders north-south or east-west.

Mrs May, in the House of Commons last Wednesday, rejected the Commission’s draft of Option C on the Irish Border because it threatened ‘the constituti­onal integrity of the United Kingdom’, sentiments re-expressed last Friday.

The constituti­onal integrity of the United Kingdom has been rendered conditiona­l by the Belfast Agreement of 1998 and the Edinburgh Agreement of 2012 which now form part of the constituti­onal order. Both Northern Ireland and Scotland have in effect been granted a right of secession and both voted Remain at the 2016 EU referendum.

The threat to the UK’s territoria­l integrity could well turn out to be Brexit. Its constituti­onal integrity has already been qualified by the Belfast and Edinburgh agreements.

On a lighter note, the Tory Brexiteer Jacob Rees-Mogg insisted last week that Northern Ireland is ‘as much a part of the United Kingdom as Somerset’, his constituen­cy in the cider country of the English south-west. Mr Rees-Mogg affects an aristocrat­ic style in speech and dress and he has his detractors. One described him as a ‘Victorian wardrobe in a morning suit’, another as ‘every barmaid’s idea of a gentleman’.

Last Thursday he accused former prime minister John Major, who had argued for Option A, of voicing “...the contempt of the European elite for democracy”.

Rees-Mogg is a multimilli­onaire, the son of a peer and was educated at Eton and Oxford. Major grew up in working-class Brixton in south London and left school at 16.

That Rees-Mogg is regarded as a potential successor to Theresa May speaks volumes about the current condition of the storied Tory party, the oldest political party in the world, which Major led to a general election victory in 1992.

The kid-glove treatment afforded by the British mainstream media to Rees-Mogg and other items of political exotica from the Tory backbenche­s has sustained the unreality of the government’s Brexit policy. The media is part of the problem.

‘Just as the red lines must produce a hard border here, so must they produce hard borders at Calais and Rotterdam’

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 ??  ?? SPEAKING TO SEVERAL DIFFERENT AUDIENCES: UK prime minister Theresa May delivering her speech on the UK’s economic partnershi­p with the EU after Brexit, in the Mansion House in London. Photo: Peter Nicholls
SPEAKING TO SEVERAL DIFFERENT AUDIENCES: UK prime minister Theresa May delivering her speech on the UK’s economic partnershi­p with the EU after Brexit, in the Mansion House in London. Photo: Peter Nicholls
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