Irish Independent

Ronan McCrea: If Boris is at the wheel, Brexit will take a very dramatic turn

- Ronan McCrea Ronan McCrea is Professor of Constituti­onal and European Law at University College London

TO IRISH observers of the Brexit process, the Tory leadership contest may make it appear that we have been victims of a horrifying time loop. Back in 2016, Theresa May set out an approach that was characteri­sed by serious over-estimation of the UK’s negotiatin­g power and by a wishful “have cake and eat it” approach.

It took months and months as well as the salutary experience of actual negotiatio­n with the much bigger EU to get May to change tack having realised that, should she persist in this approach, Britain would face the severe shock of a no-deal exit.

Three years after the June 2016 referendum, the Irish authoritie­s must now be watching in horror as Boris Johnson, the overwhelmi­ng favourite to be the next Conservati­ve leader, trots out the same deluded talking points that characteri­sed the British approach in 2016 and which it took months of painful talks to dispel.

May, though a poor leader, was at least responsibl­e and unwilling to subject the UK to the economic and political chaos that a no-deal exit would bring. As she would not risk a no-deal outcome, it made sense for Ireland to hold out for its ideal

outcome (no change at all to the Border).

However, in the near future the UK is likely to have a leader, in Johnson, who has a reputation for irresponsi­bility and who owes his job to the 170,000 Conservati­ve Party members who hold extreme views on the Brexit issue.

To back off no deal would involve him sacrificin­g his own interests for the greater national interest, something that is alien to a person whose time in public life has been characteri­sed by a desire to say whatever is necessary to advance his career.

Under a Johnson premiershi­p, the position of the UK government may well be that a hard Border between Northern Ireland and the Irish State – and the chaos of a no-deal Brexit – are worth it if it means getting out of the EU.

If the UK is determined to jump off the no-deal Brexit cliff in this fashion the only way to keep an open Border with Northern Ireland will be for Ireland to accept semi-detached membership of the EU single market.

For Dublin, this would be too high a price to keep an open Border. It would amount to excluding Ireland from the core of EU membership, not to mention representi­ng a powerful statement that, after 100 years of independen­ce, Ireland sees itself as still falling within the UK’s sphere of influence.

Backing down and accepting the backstop or postponing leaving would be suicidal for Johnson. Similarly, compromisi­ng on the backstop would be politicall­y very risky for the Irish Government, not to mention diplomatic­ally embarrassi­ng given that Ireland has spent three years telling our EU partners that any hardening of the Border would be catastroph­ic.

Disaster is not inevitable. Moderate Conservati­ve

With positions entrenched, it will be difficult to pull off any compromise in a short time

MPs could bring down a Johnson government and the Conservati­ves could lose the resulting election.

On the other hand, with Labour vacillatin­g on Brexit, if Johnson’s Conservati­ves manage to unify the 40-45pc of pro-Brexit voters, that may be enough for a majority under the UK’s electoral system.

Either way, time is running short. In the absence of the unanimous agreement of EU member states, the default legal position is a no-deal Brexit on October 31. That is still four months away, but EU leaders are still negotiatin­g on how to fill key EU posts following the European elections, and the new Tory leader will not be elected until late July.

Given the traditiona­l August break, there will be only a few weeks in the autumn for politician­s to work out how to avoid a no-deal outcome. With positions on both sides entrenched, it will be difficult to pull off any kind of compromise in such a short time

The Irish strategy on Brexit has been based on an assessment that no responsibl­e or rational British government would subject the UK to a no-deal Brexit. This made it sensible to offer the British a stark choice between accepting no hardening of the Border or going for no deal. However, by the autumn we may be dealing with a Johnson-led government that is neither responsibl­e nor rational.

In these circumstan­ces, Ireland will be facing a situation where the backstop, designed to avoid any hardening of the Border, could cause the imposition of the hardest of economic borders, north-south and east-west.

Worse, with time so short and positions so entrenched, it is not clear that Boris Johnson or Leo Varadkar could compromise even if they wanted to.

The Brexit story has gone on for so long that it has become tedious to many people.

Unfortunat­ely, this autumn it may be about to get very dramatic.

 ??  ??
 ??  ?? Not backing down: Boris Johnson speaking at Bournemout­h Pavilion Theatre during a Tory leadership hustings
Not backing down: Boris Johnson speaking at Bournemout­h Pavilion Theatre during a Tory leadership hustings

Newspapers in English

Newspapers from Ireland