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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

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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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.

However, the fact that the Dáil is taking a nine-week break, does not mean that political debate will be on hold for all that time.

The start of the summer recess also means the start of the political Summer School season. This week sees the MacGill Summer School in Donegal and it will be following a range of other summer schools, both large and small, including the  Parnell Summer School in Rathdrum, Co Wicklow in mid-August which will look at contemporary criminal, policing, penal and judicial policy and the excellent Kennedy Summer School being held in New Ross in early September which will look at a range of issues including Brexit.

While it is easy to dismiss some aspects of these Summer Schools are just the same folks talking at each other in various locations over wines of varying qualities, they still have a positive input into our policy discourse. They allow more discussion on the broader themes and issues and encourage more focus on policy and less on process – something that bedevils political commentary and debate the other 40 odd weeks of the year – including by yours truly.

The Summer School season highlights the dearth of policy discussion the rest of the year around. I am often struck by how few serious policy fora and think tanks we have here. While there are some, and they produce very good policy policies and encourage new policy directions, they tend to be from just outside the centrist spectrum, at either end: from the Hibernian Forum on the centre-right to the trade union backed Nevin Economic Research Institute. That is not to say that there no centrist fora, there are, but they tend to be sectoral or focussed on Ireland’s relationship with the EU.

It is as if the centrist parties should just look to their own limited in-house research teams and the civil service. While Fine Gael does have its Collins Institute, a quick look at the latest news section on their website suggests that annual activity is more based on a lunar calendar than a Gregorian one. The three most recent news items there are from May 2017, July 2015 and December 2014.

There is room for a significant centrist policy (big hint to Fianna Fáil) think tank and there are a range of EU institutes and fora, not to mention expertise, with which it could partner and co-operate. There is also a major issue on the horizon which it can help address: Brexit.

As I have said here several times, a lot of the discussion and focus in the Irish Brexit debate thus far has been on ameliorating and easing the most damaging economic aspects of Brexit, but there has not been sufficient discussion and exploration of the political dimensions.

One of those relates to the future of this island: as a whole.

One of the core principles of the Good Friday Agreement – and one of the primary reasons why it received huge buy-in across the island – was that the constitutional position of Northern Ireland would not change without the consent of the majority in Northern Ireland.

This was there to reassure Unionists that they would never be coerced into a United Ireland. It was also an assurance to the population that they were democratically sovereign and they alone could determine their own constitutional status. Yet, the Brexit result last year is about to change the status of the citizens of Northern Ireland not only without their consent, but expressly contrary to it and they are told, by the UK’s Supreme Court that the provisions of the Good Friday Agreement do not apply.

This is a major change and it is getting lost in the understandably loud and noisy debate over the economic aspects of Brexit.

Brexit also changes our relationship with the EU. Up to now we have been one of two common law, English speaking countries in the EU with similarly structured economies and political systems. We have shared common interests and held a range of similar views on issues from Data Protection to Employment and Social Policy. We now face into a future in the EU Council without a key ally.

That does not mean a debate on our continued EU membership – but it does require some thinking on how we develop and advance that membership and that again returns to how that is expressed on and across this island.

There is plenty to think about over the coming weeks and months and while it is good to take some time away and recharge, let’s also us some of the time while the Dáil is not in session to commence some serious debates on what lies before us.

Ends.

 

ENDS  

The honeymoon for Leo was over… even before it started? @campaignforleo @FineGael

16 Jul

This column is from last month, June 19th 2017. In it, I looked at Taoiseach Varadkar’s first few faltering days in office and conclude that things have not been going according to his masterplan.

Even the more ardent blueshirt cannot call a cabinet that contains FG ministers who entered the Oireachtas in 1981 (Bruton), 1987 (Flanagan) and 1989 (Creed), 1992 (Fitzgerald) and 1994 (Ring) new or fresh.

Meanwhile, the Marie Whelan saga, which was not of Varadkar’s making, but his ownership of a move that looked suspiciously like a vintage political stroke, is now 100%

Original article here: www.broadsheet.ie/the-honeymoon-is-over/

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Silage

“Silage and Ice-cream”.   This is how Audrey Carville defined the classic Irish Summer on RTÉ Radio One’s Morning Ireland earlier today.

And though silage was not exactly plentiful in the Liberties, Rathmines or even Yellowbatter in Drogheda during my childhood years, I think I know what she means.

Indeed, up to this morning I hadn’t realised that silage is spelled with just one “l”. Though I cannot recall using the word in many speeches, reports or articles I am virtually certain that I used two “l”s anytime I have written it.

I know for sure that I used two “l”s when I went searching for the phrase just before writing this piece, only to discover that the two “l”-ed version of silage, i.e. sillage (pronounced as if there were no “l”s at all in the word) is the word used to describe the lingering fragrance that someone’s perfume leaves in the air.

Silage and ice-cream may also be an apt phrase to describe Leo Varadkar’s first few days as Taoiseach.

The ice-cream has come in the form of the positive coverage his elevation to high office has generated, both at home and abroad, though that may be starting to melt a bit after two solid weeks of learning what a wonderfully precocious child he was and how he wrote his first letter to the Irish Times aged three, or whatever.

His first TV interview with Tommy Gorman was good. He was clear, concise and on top of his brief. The fact that he opted to do his first one-to-one TV encounter as Taoiseach with RTÉ’s northern editor was clearly intended to signal that the North would be a priority with this Taoiseach in a way that it had not been for his predecessor.

It was also interesting that he opted to set out his government’s policy approach to the North and re-unification himself having just appointed his rival, Simon Coveney, as the line minister dealing with the brief, a signal perhaps of things to come.

But, and not for the first time, a gap emerged between what he says and what he does. His decision to just meet with the leaders of two of the North’s five major political parties was not a good first move. In using his first actions on the North to meet with just Arlene Foster of the DUP and Sinn Féin’s Michelle O’Neill, and not to meet with the leaders of the other three centre ground parties: the SDLP, UUP and Alliance, the new Taoiseach was perpetuating the mistake made by recent Irish governments.

Yes, a deal on the return of Stormont and the Executive is not possible without the two big beasts of the DUP and Sinn Féin agreeing to again work together, but the smaller parties should not be taken for granted. Even the British government realised that when it invited all the parties to Downing Street last Thursday, not just the big two.

Taoiseach Varadkar made a silly unforced error in appearing to relegate the smaller parties to the second division of negotiation. Their participation in the institutions is as important and crucial as that of the DUP and SF. If anything, the events of the second half of last year suggest that it is even more important, as the two main parties seem unable to reach accommodations in office without the smaller parties there to give them cover.

Varadkar should know this. He sits at a Cabinet which could not continue in office if it were not for the involvement of smaller parties and Independents though, as we see from today’s latest development in the Marie Whelan appointment saga, he may know it, but he doesn’t show it.

Perhaps this is the point. Perhaps his near disdainful attitude to the smaller parties in the North just echoes his disdainful attitude to its own partners in government?

The incredible, some would say grubby, rush to get Marie Whelan quickly sworn in as a judge of the appeal court this morning so that the sorry saga is all over and down before tomorrow’s Cabinet meeting is a brazen throw down to Ministers Ross and Naughten and – by extension to Fianna Fáil.

Is this just Varadkar bravado, showing early on that he is now the boss and what he says goes? Or, is the nomination a difficult, but essential, element of the succession’s realpolitik that he must see through to the end, no matter how the stench adheres to him? I suspect this is more the latter.

Those who say that Leo has wiped Fianna Fáil’s eye by pushing this through seem to miss the point that this appointment, coupled with the fiasco of the cabinet reshuffle that wasn’t, has just shortened what could have been an extensive Varadkar honeymoon.

As every job interviewee had been told: you only get one chance to make a first impression and Leo has wasted his. Meanwhile, Fianna Fáil will wait for its moment to exact some political revenge and that will be a moment of its choosing, not Leo’s. If Fianna Fáil is to bring down this government let be on an issue of policy that affects people’s lives, not “beltway” process.

The Marie Whelan saga was not of Varadkar’s making, but his ownership of a move that looks suspiciously like a vintage political stroke, is now 100%. The appointment was brought to Cabinet as the last act of the outgoing Taoiseach and outgoing Justice Minister, but by defending it so fiercely the new Taoiseach has made it his own… alone… and, unless I am missing something, I have not seen the new, sorry… the incoming… Minister for Justice, Charlie Flanagan, (it hardly seems right calling someone who has been in the Dáil since 1987 “new”) rushing to the barricades to help.

If Varadkar has been preparing all his political life for this moment, then it is hard to believe that this is what he had planned. You cannot call a cabinet that contains FG ministers who entered the Oireachtas in 1981 (Bruton), 1987 (Flanagan) and 1989 (Creed), 1992 (Fitzgerald) and 1994 (Ring) new or fresh.

We shall see tomorrow how he handles the even trickier issue of appointing Junior Ministers. Will he be bold and courageous in these hardly earth-shattering selections, or will he just do what he did with the cabinet?

Are these first faltering steps a case of the promises made to secure election restricting the ability to operate, or is the problem more fundamental? Can Varadkar be the thrusting and dynamic Taoiseach his Fine Gael parliamentary colleagues longed for, or will he just become the commentator-in-chief?

Is that the sillage of silage or of raspberry ripple ice-cream. Excuse me, I must be off to Teddys in Sandycove!

 

The perks of abstinence…?

16 Jul

This Broadsheet column first appeared online on June 12th 2017. In it, I explore the ramifications of the 2017 Westminster election result on politics in Northern Ireland, and suggest – borrowing heavily from an Irish Times article by Denis Bradley – that politics on the nationalist/republican side may be set for a major change over the coming year… www.broadsheet.ie/the-perks-of-abstinence/

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BBC NI

 

The results page from the BBC NI website – www.bbc.com/results/northern_ireland

 

While the outcome of the Westminster election was far from conclusive in England and Wales, the same cannot be said for Scotland and Northern Ireland.

Only for the resurgence of the Scottish Tories under Ruth Davidson, Theresa May would be moving furniture rather than clinging to office by her fingertips. While the same Scottish result has, sadly, delayed the prospect of an Indy2 referendum, as the SNP Westminster representation collapsed from 56 seats to just 35 thanks to a 13% drop in support.

While in Northern Ireland the two parties that were at the heart of the post Good Friday Agreement Executive the: the SDLP and the UUP have been wiped out in terms of Westminster representation with the spoils being shared out between the DUP and Sinn Féin.

The Westminster line-up going into last Thursdays election was DUP 8, SF 4, SDLP 3, UUP 1 and Ind 1. The line-up coming out of it looks far starker: DUP 10, Sinn Féin 7 and Ind Unionist 1.

In crude political terms the balance has not shifted, however. There were 11 broadly unionist MPs and 7 broadly nationalist ones in the last House of Commons. This time around there will be: 11 broadly unionist MPs and 7 broadly nationalist ones, only that none of the 7 will attend.

Much has been made of Sinn Féin’s abstentionism over the past few days with most parties in the South using it as a stick to beat them with. I think the parties here have got it wrong on this one.

I would have happily voted for any of the SDLP candidates and I am deeply saddened not to see Mark Durkan, Margaret Ritchie or Dr Alasdair McDonnell in the House of Commons ensuring that the voice of nationalist and republican Ireland is heard. That said, the reality is that nationalist and republican voters still opted for candidates they knew would not take their seats.

Why voters in the North decided to vote for candidates who are happy to take the wage and the perks without doing the job is the issue that our political leaders should be addressing. The issue was excellently summed up by Denis Bradley in his analysis piece in last Saturday’s Irish Times:

“Since the Good Friday Agreement, Irish nationalism, across the whole island, has allowed itself to be reduced to a critiquing and an opposing of Sinn Féin instead of better understanding and explaining to itself and to others the desirability and the possibility of Irish unity.”   

Bradley then went further and made the case for not just slagging off Sinn Féin hollow and ultimately directionless narrative saying:

“There will always remain Irish nationalists who are unconvinced that Sinn Fein are the best proponents and providers of Irish unity but they continue to await a message and a messenger that is better.”

I believe this group is in the majority, North and South. As I have said here very many times, Brexit has completely changed the nature and scope of the debate in the North. One of the fundamental principles of the Good Friday Agreement is consent. Consent means, in the context of the Good Friday Agreement, that the constitutional position of Northern Ireland will not change without the consent of the majority of the people there.

There was a vote on Brexit in the North and 56% of people there, across communities, said no to Brexit. Yet it was still pushed through Westminster – despite the impassioned pleas of people like Durkan, Ritchie and McDonnell – and will proceed, we presume, in some shape or other. The EU citizenship of the people of Northern Ireland is not only being ignored, it is being annulled by the government at Westminster – small wonder that nationalists and republicans are angry.

Yes, it would be far better for this island North and South if Sinn Féin took their seats in this finely balanced parliament and used their numbers to raise the many legitimate and real concerns of Irish people on a hard Brexit and a hard border, but that is the type of analysis and criticism you apply to a political party, not Sinn Féin.

There are so many other areas on which to challenge Sinn Féin, top of that list is the perpetual sloganizing and game-playing that it engages in which helps it squeeze out an extra percentage point or two here and there but which also pushes the prospect of reunification further over the horizon. As Cllr Mannix Flynn said in his podcast with the Irish Independent: “The Sinn Féin promise of liberation is nuts.”

Over the past few days we have seen successive SF talking heads on TV Radio and Social Media telling us what a brilliant election they have just had and how their mandate is even further strengthened.

In the most simplistic terms, they are right. Sinn Féin did have a good Westminster election, but the shift in votes needed under the archaic first-past-the-post system to deliver that result was not huge. They took two seats off the SDLP and took one off the UUP, but when you look at the movement of voters, it was not a seismic change.

While SF saw its vote share since the most recent assembly election increase by 1.5% and the SDLP saw its vote decrease by a mere 0.2%, the biggest swing was to the DUP which saw its vote surge by a stunning 7.9% to 36%.

That DUP swing was decisive, not just in terms of the North, but also in terms of its clout in Westminster. So, the DUP now has the ear, if not the more tender regions, of a weakened UK Prime Minister, while Sinn Féin has 7 MPs with no clout, no Executive, no Assembly and an NI MEP who will be redundant in less than two years.

The other thing that Sinn Féin may have achieved is to have opened up a political space that it cannot occupy, but which could be filled and expanded by a new, or even an old, pro-European, business friendly, republican political party. Things in the North may be about to get a whole lot more interesting.

ENDS

 

 

#Macron – Le Pen and Now

16 Jul

This column appeared on Broadsheet.ie on April 24th, 2017 – just after the first round of voting in the French Presidential election when Macron and Le Pen emerged as the two front runners in Round Two: www.broadsheet.ie/le-pen-and-now

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The new would-be divine trinity: Putin, Le Pen, Trump?

You could almost hear the collective sigh of relief last night as the first exit poll results from the French presidential election emerged showing Emmanuel Macron as the front runner. Macron, the former Economy Minister under Socialist President Francois Hollande and now independent centrist candidate now faces off against the second placed right-winger, Marine Le Pen in round two of the election in two weeks’ time.

It wasn’t just EU officials and other EU heads of government who were relieved, but also the heads of the polling companies whose predictions turned out to be extraordinary accurate, in many cases within just 1% of the result.

That sense of relief continued into this morning with European stock markets rallying and the Euro rising to a five-month peak with the news that France is likely to have a more centrist pro-EU President Emmanuel Macron.

Only a month ago the polls suggested that Le Pen might emerge as the lead candidate in the first round followed by Macron, with some showing Le Pen as high as 27% and Macron around 25%.  However; the collapse in recent weeks of the socialist party candidate Hamon saw the far left’s Melechon rally and join the leading pack, consisting of Le Pen, Macron and the conservative candidate Fillon, all within 3-4% of each other.

Macron’s youth and relative inexperience became election issues. The first public election that Macron has ever fought will not likely see force will see him elected as president. The accusation that “he rose without trace” has been thrown at macron. The line was first memorably uttered by Kitty Muggeridge about David Frost in the 1960s and was intended to convey both the suddenness of his rise and the lack of any obvious intellectual connection.

It is an unfair accusation. Macron does have a track record it does have some experience having served as economy minister under President Hollande. Indeed, it even has a track record having managed to even reform French labour law, via the eponymous Loi Macron.

As a colleague of mine commented at the time of Macron’s time in office: labour market reform in France is difficult at the best of times and almost possible most of the time. Macron encountered some stiff opposition from within the Social party with about 40 socialist deputies rebelling in protest at Macron’s modest proposals to modernise French labour law: including allowing shops to open 12 Sunday per year as opposed to the previous five and making changes on collective dismissals and the provision of a suitable alternative positions for french workers were made redundant.

So great was the rebellion that the President had to invoke a little used article within the French constitution giving the government the power to bypass the National Assembly and push through a law when you didn’t have majority support. It was a rare victory in the history of French labour market reform and allowed Macron to secure a reform measure that was aimed at the opening of the French economy.

For this reason Macron has never been trusted by the Socialist Party but neither he is a Gaullist (now called Les Republicains – interesting aside, the Gaullists were once Fianna Fáil’s allies in Europe). Macron is outside the French party system. His En Marche! movement is centrist socially liberal and pro-EU with more than a hint of The Third Way/Neue Mitte of Blair and Schroeder.

It is no wonder that Brussels and most other European political leaders are happy to see Macron safely through to Round Two and safe in pole position to win the presidency with about 60/60+% of the vote. His endorsement by Les Republicain’s Fillon and the Socialist party’s Hamon yesterday sent strong signals to their voters who to back in Round Two – but they will not all follow their advice.

But there is even a greater reason for EU leaders to feel happy. Marine Le Pen’s strong antipathy towards the Euro and the European Union, not to mention her easy and friendly relationship with Russian President Vladimir Putin, would have considerably upset relationships in Brussels and sent the EU Commission and Council into a tail spin.

However, as often happens with Brussels, particularly with the current EU Commission President, Jean-Claude Juncker, it is possible that the EU may take the wrong lesson from the result and see a potential Macron win as some vindication for a euro-federalist project.

Le Pen’s support much like Brexit and even the Trump win in the USA is partly a populist revival, but it is also a response to globalisation and to the threats to the livelihoods posed by the twin pressures of international labour competition and automation.

Without question, even more than with Brexit, or even with Trump, there are clear elements of racism and xenophobia in Le Pen’s support base, but not every one of Le Pen’s 7.6 million voters is a racist or a bigot. This will be even more true when she adds to that total in Round Two. By that point, she may have secured another 4 – 5 million votes from those who backed Fillon/Melechon/etc. in Round One. The vast majority of them are just people who are worried and frightened at the prospect of globalisation and see in it a loss of national identity and attachment.

It is a sense that was better expressed by the British Prime Minister, Theresa May, during her speech as Tory leader when she said: ‘if you’re a citizen of the world, you’re a citizen of nowhere’.

Yes, we can see that Le Pen’s coarse appeal to patriotism and love of country does verge on the fascistic, nevertheless she does dissemble her true purpose just enough to allow it to strike a chord with many who do not see nationalism and national pride as a dirty word or concept.

Neither is it one that is entirely incompatible with the modern globalised world, nor a Europe working more closely together. To quote EU Council President, Donald Tusk from his open letter to EU leaders from last September:

“The keys to a healthy balance between the priorities of Member States and those of the Union lie in national capitals. The institutions should support the priorities as agreed among Member States, and not impose their own ones.”

Yes, we should cheer if and when Macron is elected in two weeks’ time. But, when that cheering has died down; let us then take a long hard look at the wider lessons from the campaigns in the Netherland, France, in the UK and later this year in Germany. Let us see then if it is now time to pause: to stop the treaty changes for a while and to let the changes already made time to bed down and gain a wider acceptance. This pause may be of even greater importance to us as our closest former ally takes themselves out of the EU.

ENDS

I hate to admit it, but @JuliaHB1 and other #brexiteers may have a point, just not the one they think

12 Oct

Here is my Broadsheet article from Sept 28th regarding the calls for a second #Brexit referendum vote. I would love to be able to support the call, but I cannot. Experience of re-runs of Irish EU referendums tells me that this is not an option in the UK given the high voter turnout.

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questiontimeI have to confess that my heart sinks a little whenever I hear English Tories or English nationalists, like Nigel Farage, mention Ireland during their rants about the EU. The reference is usually patronising or condescending or – even worse – is given in the form of advice that would have us join them in their march back to a glorious era that never existed.

This is why my heart sank when Julia Hartley Brewer, a British Talk Radio host, Leave campaigner and former political editor, stated on last Thursday’s BBC Question Time that the EU had forced Ireland, and other countries, to vote again on EU referendums.

Her comments came during the course of a discussion on whether Britain might have another referendum on Brexit – a proposal put forward by the failed Corbyn challenger, Owen Smith MP or that the UK might have a separate vote on the final deal hammered out on the conclusion of the Art 50 negotiations, an idea put forward by Tim Farron’s Liberal Democrats.

Though hearing Hartley-Brewer getting it badly wrong on the notion of the EU ‘forcing’ us to vote again made my heart sink a little, it sank even further when I realised that she and her fellow panellist that night Jacob Rees-Mogg MP (who looks like he is being portrayed by Joyce Grenfell) may actually have a point, just not the one they think.

Though I and other Remainers may wish it to be otherwise, the hard fact is that Ireland’s voting again on the Nice and Lisbon treaties is not relevant to the UK’s situation for one simple reason: turnout.

In the first referendum on the Nice Treaty (Nice I) in 2001 the turnout was just under 35% – the result then was 54% No: 46% Yes. At second referendum on the Nice Treaty (Nice II) in Oct 2002 the turnout shot up to just under 50% with Yes getting 63% and No dropping to 37%.

It was a broadly similar situation in the case of the two Lisbon Treaty referendums. In Lisbon I in June 2008 the turnout was 53%. No won by 53%:47%. At Lisbon II the turnout had again increased, this time to 59% with Yes now winning by 63%:37%

In both cases the turnout in the first referendum was low to start with, in the case of Nice I it was exceptionally low, just in the mid-30s, so there was a convincing argument to be made for a second vote, particularly when you felt that a second referendum would have a higher turnout.

This was not the case in the UK’s Brexit referendum. The turnout there was a whopping 72%. This is a substantial turnout. It is much higher that recent UK General Election turnouts, indeed you have to go back to Tony Blair’s 1997 election victory to find a UK general election turnout of over 70%.

The huge political risk you take by having a re-run second Brexit referendum in these circumstances is that you get a lower turnout. It is politically saleable to try to reverse one mandate with a smaller one?

To be clear, turnout alone was not the reason why there were re-runs of the Nice and Lisbon referendums. In both cases post referendum polling and analysis found that the main reason for voting “No” or abstaining was a lack of knowledge of either treaty. Both “Yes” and “No” voters were highly critical of what they viewed as a dearth of clear, accessible information on the treaty’s merits.

While the Remainers can clearly point to a lot of misinformation from the Leave side, not least the claims that leaving would mean £350 million extra per week for the NHS, they cannot yet point to any substantive research or analysis suggesting any changes in opinion.

Noted UK pollster, Prof John Curtice, reckons that there is little evidence of a “significant rethink” three months on from the result with those who voted Remain still convinced that they were right and likewise for the Leavers. Very few minds have been changed, though let us see if that remains the case as the details of the Brexit deal on offer emerge during the course of the next year or so.

The problem with all this abstract discussion on a second referendum is that it takes the focus away from the very real and tangible issues with the first result: most crucially that the Hartley Brewer, Farage and others do not want to honour the clear Remain majorities in Northern Ireland and Scotland. Instead they want to use the votes of English and Welsh people to forcibly drag Northern Ireland and Scotland out of the EU against their declared will.

This is no small issue, yet it is receiving scant attention in the UK and, sadly, here.

Voters in both Northern Ireland and Scotland voted convincingly to stay in the EU, by much bigger margins that the people across the UK voted to leave. Many of those voters in Northern Ireland hold Irish passports and are thus also EU citizens, even if the UK leaves. Can that citizenship – and the guarantees and privileges it offers – simply be snatched away from them on the say so of 50%+ of voters in the south of England?

As people like Michéal Martin and Colum Eastwood have repeatedly said over the past few weeks and months; trying to drag the North out of the EU against its will ignores the layered complexities of the Irish political process.

It is a refutation of the basic principles of the accommodation achieved in the Good Friday Agreement and that is something that concerns all of us on this island.

We should be debating and discussing this now. We should be looking at the significant consequences of Brexit for our economy, for our trade – both North/South and East/West, our education system, out health service.

We should not allow the foot dragging by the British Government on outlining its terms of exit to stop us from forcefully setting out our concerns and our alternatives. We need the speedy establishment of the all-island political/civic forum I called for here at the end of June. I know the Taoiseach and his team messed up their first attempt to get the idea up and running, but they need to go again and get it right this time.