The Brexit Deal: Can Parliament be Scared into Submission?

As agreement is reached with the EU, Theresa May’s Brexit deal will come before parliament. In this contribution, Benjamin Martill, Dahrendorf Forum Post-Doctoral Fellow at LSE, breaks down the parliamentary arithmetic and assesses her options.

My Kingdom for a Deal

Theresa May has, at long last, reached agreement with the EU on the terms of Britain’s impending withdrawal from the Union on 29 March 2019. The deal is politically controversial and seems to have pleased no one, especially the hardline Brexiters. This is because it could see the UK remain within a single customs territory with the EU, precluding the need for a hard border on the island of Ireland. Northern Ireland would also remain in key elements of the single market for goods, for the same reason. This ‘backstop’ has proven to be the most contentious element of the Withdrawal Agreement, dragging out negotiations which were almost 80 percent complete at the beginning of 2018.

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The EU’s negotiating strategy has worked so far, but it’s playing a risky game

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In a report published last week, Oliver Patel assesses the EU’s institutional and strategic approach to the Brexit negotiations, and considers what the EU wants from the process. Here, he summarises the core points of the paper and outlines how the UK has been outflanked by the EU’s negotiating tactics  thus far.

October’s European Council summit represented ‘more of the same’ for the Brexit process. Although EU leaders were more cordial than in Salzburg, their fundamental position hasn’t changed: there must be some form of backstop which ties Northern Ireland to the Customs Union and Internal Market for goods, and it can’t be time-limited. Without this, there will be no withdrawal agreement. The ball is now in the UK’s court, they say.

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Farewell to the EU Charter of Fundamental Rights? The Withdrawal Act and the Danger of Losing ‘Fundamentals’

human rights blog.jpgIn this post, Eleni Frantziou tell us about the danger of making an exception with the removal of the EU Charter of Fundamental Rights in the Withdrawal Act, while the rest of the European “acquis” is translated into British law. Besides the legal implications, this questions what the British society see as “fundamental” and what should be excluded from the day-to-day agenda of Westminster. Brexit could be the opportunity for the UK to draft its own set of rights, but this outright rejection threatens an important democratic safeguard. 

With the Withdrawal Act having finally entered the lawbooks back in June, the focus of the Brexit conversation has, naturally, shifted towards other matters (including issues of perhaps greater urgency, such as the grounding of planes, the availability of medication, and general contingency planning in case of a no-deal Brexit). Rallying to the problems of legislation which was already vastly criticised academically and in the House of Lords before its adoption may now be seen as a lost cause. Nevertheless, at the risk of staying within the ivory tower, in this post, I will try to formulate a critique of one of the Withdrawal Act’s most significant problems: the removal of the EU Charter of Fundamental Rights.

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Forget punishment: the Brexit deal needs to carve out sectors of exceptional common interest

 

mike-wilson-39902-unsplash.jpgMichael Grubb discusses how to go beyond the recent obstacles in the negotiations and the negative rhetoric by focusing on key sectors where interests are aligned. In his view, energy, climate and transport are the logical sectors from which to start the writing of a new  positive relationship.

So: at Salzburg the unstoppable force of Brexit finally met the immovable object of EU concerns about the integrity of its single market, and its insistence that the UK must be “either in or out”.  Teresa May is emphatic: she has made a proposal; the EU must respond not with rejection but with suggestions.

As it considers options, the EU’s core dilemma is that what it may see as legitimate defence of the EU’s interests risks being perceived and spun in sections of the UK as an attempt to punish. And one great lesson of history speaks to the EU’s conundrum: punishing countries, however tempting, is a road to disaster. The 1919 Treaty of Paris that imposed devastating reparations payment on Germany after the First World War – which led to enduring European and international crises culminating in the Second World War – is the classic, if extreme, example. In an increasingly fragile world, the UK and the EU need each other.

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How could a second Brexit referendum be triggered?

parliamentWith ‘exit day’ less than six months away, public debate about a second Brexit vote continues. In this new post on this topic, Jess Sargeant, Alan Renwick and Meg Russell outline the key decision points and processes by which MPs or the government might choose to trigger a second referendum.

In our previous blogpost we considered how long it would take to hold a second referendum on Brexit, concluding that an extension to Article 50 would almost certainly be required. The length of the necessary extension would depend on when the referendum was triggered. Calling a referendum requires a majority in parliament, and whether such a majority exists will depend on political and circumstantial factors. But by examining the process of Brexit we can identify a number of key junctures at which a decision to hold a referendum could be made.

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