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Dean Acheson, Brex-iteers and Theresa May or…. Britain still looking for a role? #Brexit

14 May

This column appeared on Broadsheet.ie on May 8th 2018 under the title: There is no Future in England’s Dreaming 

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I opened my third Broadsheet column with a 1962 quote from the former US Secretary of State, Dean Acheson:

 “Great Britain has lost an empire and has not yet found a role”.

When that column appeared at the end of May 2016 the U.K. Brexit referendum vote was still three weeks away. We still had hope.

Almost two years later and Acheson’s quote seems truer than ever. Over the past few weeks we have seen increasing evidence that the UK Cabinet is incapable of agreeing a common and unified position on the Customs Union and the Single Market.

On one side you have the beleaguered Prime Minister and Tory leader arguing for a “customs partnership” that would see the UK just outside the existing EU Customs Union but remaining so aligned with it and EU standards as to render borders unnecessary.

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#Brexit-busting takes more than just one big ship

25 Apr

This column appeared on Broadsheet.ie on Tuesday April 24th

celine

Up to last Friday it was difficult to find a good visual representation for Brexit in Ireland.

Yes, there were maps showing the six counties in one colour and the 26 in another, but apart from those or some grainy photos of border posts and black coated customs men standing behind old tin signs emblazoned “Stad”, there were few clear, defining symbols for Brexit in an Irish context.

That all changed last Friday.

The change came in the form of a ship. But not just any ship. This one, christened the MV Celine by the Taoiseach and assorted other lesser celebrities, is the world’s largest short sea, roll-on roll-off cargo vessel. It will directly connect Ireland to the European continent via Rotterdam and Zeebrugge, by-passing the UK entirely.

As images go, it is an impressive one. But the image-makers real triumph lay in finding an appropriate nickname for the newly named ship. While “Celine” may be the official name that adorns the ship’s champagne drenched hull, the spinners on the quayside were intent that the media – and by extension we – call it by their chosen soubriquet: “the Brexit Buster”.

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A way to stop the return of a post #brexit #border across Ireland, make the North a UK Special Economic Zone

12 Mar

(FILES) File picture of  British Prime M

Tom Hayes and I have just published a document entitled: NI Special Economic Zone Proposal outlining our ‘modest proposal’ for how the U.K. government can still avoid having its pursual of the worst possible Brexit policy causing a return of the border across Ireland.

To be clear, this proposal is not our preferred outcome. We would far prefer to see the U.K. remain fully in the EU and continue to be a strong partner and ally of Ireland as part of the EU-28.

We would prefer to see the U.K. remain within both the Single Market and Customs Union and minismise the disruption and damage that exiting the institutions of the EU that Brexit will bring. Continue reading

Data Protection issues for HR professionals to look out for in #2018 – #GDPR #Brexit #CJEU

12 Jan

This is a brief overview of some data protection issues for business to watch out for in 2018. It first appeared in this week’s BEERG weekly newsletter under the heading: #GDPR – 132 Days to go… but there is a lot more ahead.

Note my GDPR countdown clock to the right (or below on Mobiles) of the screen

GDPR

Derek Mooney writes: No one needs reminding that the General Data Protection Regulation, 2016/679 (GDPR) the EU’s new pan European data protection law comes into force on May 25 – in 132 days, or 94 business days, (from Jan 12)  2018 will be the year of data protection as everyone -regulatory authorities and individual organisations alike – struggles to get used to the new regime.

Will Data Protection Authorities and individual companies be able to source sufficiently experienced Data Protection Officers to oversee the new laws? And if having the GDPR come into effect in 2018 is not a sufficient strain, you can add the issue of what happens to data transfers to the UK post Brexit?

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Might the Irish/Irish border be the issue that derails #Brexit?  

19 Nov

This is a Brexit analysis piece I wrote for the weekly BEERG newsletter on Nov 9th, 2017

(FILES) File picture of  British Prime M

During the course of a debate on “Brexit and the Bar” held at the annual Bar conference in London earlier this week, senior British and Irish legal figures raised questions over the compatibility of Brexit with the 1998 Good Friday Agreement (also called the Belfast Agreement), warning that the landmark peace agreement may even have to be renegotiated if Britain leaves the customs union as a result of Brexit.

Paul McGarry, SC, chairman of the Bar Council of Ireland, said that the UK’s withdrawal from the European Union and likely exit from the customs union was “incompatible” with the provisions of the deal on issues such as citizenship and the free movement of people, saying:

“A hard Brexit presupposes no membership of the customs union and no membership of the single market. If you start off from that premise, you are automatically looking at some form of border and that’s incompatible with a whole variety of things, [including] the concept of citizenship for everyone born on the island in the Good Friday agreement… It’s incompatible with the common travel area, which is not part of the Good Friday agreement but predates the EU.”

Liam McCollum, QC, chairman of the Bar of Northern Ireland, echoed this analysis saying that Brexit. “[It] is as an insoluble an issue as you could possibly imagine,” and would “undermine the Good Friday agreement”. 

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What does Leo really know… or, how a leak saved his skin on #Brexit?

14 Nov

Today’s column was written for Broadsheet and appears there as “what does Leo really know?” 

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Daily Telegraph, November 9th, 2017

What did the President know and when did he know it?’ is possibly the most famous political question of the late 20th century. It was asked, in June/July 1973, by Senator Howard Baker during the US Senate’s Watergate Hearings.

Though we tend to forget it now, Baker framed the question in the hope of protecting his fellow Republican, President Nixon. But as the White House’s defence collapsed it came to sum up the depth and extent of Nixon’s personal involvement in the cover-up.

The Baker question popped back into my head last week watching the Taoiseach answering questions on the Irish policy on moving Brexit talks to phase two.

But, where Baker’s question highlighted how deeply Nixon was embroiled in the Watergate machinations, when it is applied to our own new Taoiseach it tends to expose how perilously unaware he often seems regarding what is happening in his own government.

So, what did our Taoiseach know last Wednesday about Ireland’s approach to moving UK/EU talks to phase two… well, according to the Taoiseach himself… not that much. Responding to parliamentary questions the Taoiseach said:

“I am now of the view that it is likely we will be able to say that sufficient progress has been made at the December meeting, allowing us to move on to discussions on transition and the future arrangements.”

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Both @DUPonline and @SinnFeinIreland show how not to negotiate

14 Nov

This column appeared on Broadsheet.ie last week on Nov 7th under the heading: How not to negotiate

martin McG

A joint article from the late Martin McGuinness and Arlene Foster from just one year ago… anytime a Shinner or DUP-er tells you a deal is impossible – show them this.

Amid all the analysis and commentary on Brexit, might I suggest you check out the Beerg Brexit Blog written by an old friend of mine, Tom Hayes.

Originally from Dublin, but now based in the North of France, Tom is one of the most experienced and skilled employer relations negotiators in Europe, something reflected in his Brexit Blog.

Whereas most look at the hard politics of Brexit, especially from the British side, and I tend to look at it solely through the prism of how it effects relations on this island, Tom looks at the process as a negotiator.

While you are never in any doubt, reading any of his blog posts, that Tom thinks that Brexit is a massive folly, each week he examines developments and tests them for how the progress, or hamper, a negotiated outcome that would serve the interests of both sides.

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What Britain wants from #Brexit: a new EU of just 2 – it and the #EU27

6 Sep

This is my Broadsheet.ie column from August 28th, 2017 – the original appears online here

Britain's SoS for Exiting the EU Davis and EU's chief Brexit negotiator Barnier talk to the media ahead of Brexit talks in BrusselsAt around 4pm (Irish time) today (Mon Aug 28), British and EU negotiators will meet again in Brussels for the latest round of Brexit talks. The first item on this week’s agenda, we are told, will be Britain’s exit bill, with the Brits expected to set out their thinking behind how they will for calculating how much is owed to the EU when Britain leaves. The teams with then go on, over the following days, to discuss the two other key issues which need to be resolved during this first phase of talks: citizens’ rights and ensuring the Northern Ireland peace process is not jeopardised.

While the EU (by which I mean “we”) set out its position on the British financial settlement back in May, British ministers have been extremely reluctant to attempt to put a figure on it. While some, like Boris Johnson have huffed and puffed about making the EU go whistle for it, the UK’s Brexit Minister, David Davis, has sufficient political nous to see that putting a realistic figure on the divorce settlement will just throw raw meat to the Tory right, who imagine they can use their debt as a bargaining chip for better terms for the future relationship.

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The Tories road to #Brexit is paved with bad intentions

6 Sep

This is my Broadsheet.ie column from August 21, 2017. You can find the original online here

thank-you-samantha-bee-for-helping-us-americans-relate-to-the-brexit-mess

According to its Brexit position papers issued last week, the British Government is absolutely determined to avoid a hard Brexit and is hell bent on making sure that there will be no changes to how the border between the two parts of this island operates.

If only it were true.

It isn’t. As many others have already pointed out, you have barely to scratch the surface of the British government’s argument to quickly realise that its glistening yet imprecise language masks a dark and base core.

Last week’s papers were not about the massive machinery of the British government and civil service setting out its key positions on crucial realities arising from Brexit, but rather they were a crude and infantile political attempt to prepare a platform from where current British Ministers can accuse the EU27 of imposing borders and costs when the inevitable hard Brexit happens.

The former Tory Chancellor, George Osbourne called it right a few months back in a tweet when he predicted that the EU/UK Article 50 negotiations will end in failure in 2019 and that the UK will crash out of the EU with no deal and end up a transitional arrangement that resembles Norway’s.

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No long summer break from political debate

18 Jul

This week’s Broadsheet column was a defence of the oft criticisied Summer School season and an argument for more policy Irish think tanks, for for a Fianna Fáil aligned one in particular. Original column online here: Broadsheet.ie 


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At around 4.20pm on Friday last Dáil Éireann adjourned for the Summer recess. It is due to return at 2pm on Wednesday September 20th.

Cue the usual hollow complaints from the commentariat over TDs holidays and short Dáil sessions, with a few harrumphs from the Brussels side-line courtesy of Fine Gael MEP, Sean Kelly who tweeted that the EU parliament’s holiday will be 4 weeks shorter.

If this Dáil was actually processing legislation, especially the range of halfway decent Private Members Bills coming from backbenchers across the House, then there may be a basis for complaint. But, it isn’t.

To be fair, it is not as if TDs and Senators are about to head off to the Maldives or Marrakech. The Seanad is sitting this week, as are several Oireachtas committees, and they will take a shorter break than the Dáil and return earlier – and before you sigh that the committees don’t count, bear in mind that Sean Fleming’s Public Accounts Committee will be launching its report into the financial procedures at Garda College, Templemore at 2.00pm tomorrow.

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