I’m not going to
say anything about the content of yesterday’s speech: I talked
about the likelihood of a transition arrangement that involved us
staying in the Customs Union and Single Market back in March. My only
uncertainty then was whether May could be pushed to a No Deal
outcome, but as the government has done absolutely nothing
to prepare for that outcome it now seems an empty threat. As for a two year transition period, its an insider joke. You have to have no idea about trade negotiations to
imagine it could be done in that time, but as that includes most
Brexiteers it serves its purpose.
Instead I want to
talk about is what could be the real obstacle to the negotiations
moving on to the next stage, and that is the Irish border issue. Many
have noted that putting it as a first stage issue seems illogical,
because what happens to the Irish border will depend on future trade
arrangements between the UK and the EU. There obvious answer to why
the Irish border question got put in the first stage is that the EU
want to force the UK into staying in the EU’s Customs Union precisely to avoid recreating a border between the two parts of Ireland.*
The UK’s paper on
this question makes it clear that there is no realistic compromise on
this issue, as Ian Dunt’s discussion
makes clear. There is a third way, which is for Northern Ireland to
remain
part of the Customs Union while the rest of the UK is not, but the
DUP will have none of that. This was a major implication of the
election result and May’s bribes to obtain a confidence and supply
arrangement with the DUP.
A key political
question will therefore be whether the Irish government and the EU will play this card that they have dealt themselves. The Irish government
would like to, but I suspect (from past experience) that if they came
under pressure from the rest of the EU they would back down. But the
EU would also like the UK to remain in the Customs Union to resolve the border issue. Indeed
everyone would be better off if the UK committed to staying in the
Customs Union on a permanent basis. The only obstacle to this are the
fantasies of Brexiteers, personified in the department led by Liam
Fox.
I said I was not going to talk about it, but perhaps this was one reason why May gave her speech yesterday. By confirming that there could be a transitional deal (which Richard Baldwin might call a pay, obey but no say period), she hopes to dampen the resolve of the Irish government and the EU to make this a sticking point in the negotiations. Will either party think to itself 2 years will become 5, by which time we will have a different government that is likely to make the transitional permanent, or will they use their dominant position in the negotiations to try and force the UK to stay in the Customs Union to avoid creating a border (and perhaps also force the resignation of Fox and others)? At the moment we do not know, but I suspect once again Mrs. May and her cabinet have misjudged the EU side.
*I've added to this sentence and elsewhere compared to the first version of this post, which might have been construed as implying the border was being used as an instrument to achieving an economic goal. I do not think that is the case.



