Tag Archives: Brexit

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?” 

telegraph

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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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.

The UK position papers were not about negotiations or ambitions. They were, almost literally, about positioning.

They were about the current crop of UK Tory Ministers positioning themselves for a hard Brexit – a hard Brexit that will impose a hard border across this island – and then being able to wring their hands afterwards, claiming that this wasn’t what they wanted, and that it is all the fault of the faceless, unelected, bloated bureaucrats in Brussels, aided and abetted by ungrateful Irish politicians

They know that the negotiations are on a collision course. The best deal for Britain is not the best deal for the Tory party. And so, the Tory party’s interests are about to trump the countries, helped along by the fact that the British Labour party is even more paralysed by its divisions on Europe than the Tories.

That is why the UK position papers on the Customs Union and Northern Ireland contradict each other.

It is why they want to confuse and upset the Article 50 negotiations timeline by dragging decisions on Northern Ireland out from the first phase of talks and dragging it into the customs and trade talks, thereby frustrating both.

There was nothing to welcome in last week’s position papers and diplomatic niceties should not prevent us from saying his openly and candidly.

Brexit in any shape or form will cost us, but a hard Brexit will hurt us economically and potentially cause political turmoil by undermining much of the progress made since the Good Friday Agreement; with its dismantling of the border structures and military architecture.

It took decades for us to convince the British that there were no security or military solutions to the political problems associated with partition.

It was a slow and painstaking process that involved the building up of strong personal relationships, most notably between Albert Reynolds and John Major and followed by Bertie Ahern and Tony Blair.

Now Mrs May, and her ministers, are set to turn back the clock for Northern Ireland and this entire island, and all for reasons of Tory party unity.

This time around instead of talking about security solutions they talk about technological solutions – solutions to a problem that had all but disappeared but which their blind intransigence is determined to make reappear.

As I have said here for well over a year: Brexit changes everything on this island – and I do mean everything, not just economics.

Up to now, most of the Irish political talk has been on mitigating the economic damage and cost of Brexit and seeking the opportunities it offers – all that has been fine, if not a little understated at times, but the impact of Brexit goes beyond the economic.

The relationships between these two islands and between the two parts of this island are also about to change: economically, socially and politically… especially politically.

The hard Brexit that Gove, Johnson, Fox, Davis and Hammond are forging is about to make all-island approaches here the only viable ones.

The Brexit vote in the North has changed everything. Despite the consent principles contained within the Good Friday Agreement, the constitutional position of the people of the North, in this case as fully represented EU citizens, is about to change contrary to how a majority voted.

As the SDLP leader Colum Eastwood stated almost exactly one year ago:

“Northern nationalists are once more a restless people. The constitutional accommodation which we voted for by referendum in 1998 has been violated, not by a vote of the people of Northern Ireland, but rather by a vote of others in the UK 18 years later.

The blanket of that constitutional comfort has been abruptly removed. In particular, undermining our connection with the South achieved via common EU membership is not something which can be tolerated.”

It is regrettable that Irish politicians down here – of all hues – have not focussed sufficiently on this theme over the past year. While their attention to some of the finer detail is commendable, that cannot be allowed to come at the price of missing this bigger issue.

 

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.

Pro-EU sentiment across #Ireland should be fostered via all island Forum #brexitresult

1 Jul

puckoonThis is my Broadsheet “Mooney on Monday” from Monday piece from June 27th on how the Irish Government (and politicians) must act in response to the UK’s Brexit vote.  

There is a new (though not uncritical) pro-EU majority across the island that should be encouraged and fostered via a re-establishment of the Forum on Europe. There must not any a return of form of border across the island.

The original online version appears here: www.broadsheet.ie/return-of-the-hard-border/

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For as long as I can recall it has been a central tenet of Unionism that the status of Northern Ireland should not change without the political consent of the majority of the people living there.

Yet, that it precisely what is set to happen over the coming years, with senior members of the DUP cheering it on

Despite the fact that a clear majority – some 56% – of the people of Northern Ireland who voted, including large numbers from both traditions, stated that they wanted to remain in the EU, their wishes are about to be ignored. It seems that a majority in the North is only a majority when the DUP is a part of it.

Thursday’s referendum result has changed things dramatically for the North and for the whole island. There will be the immediate implications, including many of the ones for which the Government has prepared, as set out in its contingency plans published last Friday.

But there are others, two of which I would like to set out briefly here.

eastwoodFirst, is the integration of the economic interests of communities across this whole island. As the SDLP leader Colum Eastwood has said:

“…there can be no return to a physical border across this island. There must remain freedom of movement for people, goods and services across Ireland… we must ensure that any border is only operational around the island of Ireland, not across it.” 

This last point is vitally important. Though the Brexiteers, including the Secretary of State for Northern Ireland, Teresa Villiers, dismissed any suggestion of implications for the border during the campaign, it is clear that there will.

If and when the UK eventually leaves the EU that border would potentially become a frontier between an EU State and non-EU State. This is ominous as the EU is already looking at ways of increasing security at its external boundaries, as evidenced last week by the European Parliament’s LIBE committee vote to “systematically check all EU citizens entering or leaving the EU”

There is an overwhelming economic, social and political case against resuscitating the 499km border between the two parts of this island as an international boundary. We have not spent decades of painstaking negotiation to break down barriers for them to be risen higher by a battle for the leadership of the Tory party.

The EU has been an important, though unheralded, part of the peace building process. Between 1995 and 2013 the EU spent €2 billion on promoting reconciliation in Northern Ireland and the border counties. But it has done more than that. It has provided a supra-national cross border framework and support that has avoided any major policy cleavages across this island.

Rather than having the EU border across this island, let it run around the island with the customs and border controls sensibly located at ports and airports.

But we need to go further. We need to recognise that despite differences in identity, that Northern Ireland has and will continue to have a great deal of economic and social common interest with the Republic. To give expression to this common interest the Irish Government to needs to fashion an all-island EU strategy and use its seat at the Council of the European Union to champion the interests of Northern Ireland, particularly the border regions, along with the interests of the 26 counties.

The government should start reaching out now to civic society across the North to become its connection to the EU and should formalise these relationships, perhaps initially through re-establishing the Forum on Europe on an all island basis.

Second, is the loss of the UK as a valuable EU ally. In two or three years’ time we will no longer have the UK to help us act on a brake on EU measures of which we disapprove. Given our similar structure and similar outlooks, in the area of social dialogue for example, our two governments have – regardless of political hue – worked together. During the recent discussions on the introduction of an EU wide system of Data Protection, Ireland and the UK worked together to make significant and sensible changes.

But the UK has opted to go and so we need to look for new allies. We need to look to the smaller EU states who would share our concern at the excessive influence of the larger states, but also to the other like-minded nations on these islands. To this end an Taoiseach should be reaching out to Scottish First Minister Nicola Sturgeon in the coming weeks to see how Ireland and Scotland could work together in our mutual benefit as the fate of the UK, Scotland and Northern Ireland in the EU unfolds.

Enda may have no choice but to start talking with Nicola Sturgeon, as she seems to be the only leader on the neighbouring island with anything even approaching a plan for the future.

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The problem with #EUref campaign, is the problem with British politics #Brexit #VoteRemain

20 Jun

BrexitThis piece first appeared on the Slugger O’Toole website on June 14th. Note that I wrote this piece a few days before the horrific murder of Jo Cox, M.P.

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Shortly before polling day in last year’s Marriage Equality referendum one of the Irish national daily newspapers ran an opinion piece by a marketing/messaging expert evaluating the Yes and No campaigns to that point.

Though he had several criticisms of those of us on Yes side and even suggested that the Yes campaign was putting the outcome in unnecessary doubt, the subtext to his article seemed to be: this would have been a whole lot better if he had been running things.

I mention this now just in case anyone thinks that the observations I am about to make here about the poor state of the UK’s In/Out debate are intended in the same – if only they had asked me – vein.

They are not. Having worked on the winning side in several referenda from Lisbon II to Marriage Equality and from the Good Friday Agreement to Seanad Abolition, I know how difficult they can be and how each referendum is different from the other.

We have a particular familiarity with the referendum process in the Republic. This is not due to some fetishist love of them, but rather because we have a written Constitution which can, under Article 46 of the Irish Constitution, only be amended by a referendum. Ratifying EU Treaties such as Lisbon, Nice and the Fiscal Stability Treaties has required making changes to Article 29 (on International Relations) to facilitate Ireland’s ratification.

We know how it can often seem that the campaign is about almost every issue bar the one on the ballot paper and that forces outside the campaigns are dragging the focus away from the matters at hand.

That said, it is hard to imagine a referendum campaign that has been as bad and confused as this one. Yes, the individual campaigns have made errors and have adopted messaging strategies that seem unfocussed and discordant with voters concerns, but these errors go nowhere near explaining the mess that is the UK’s EU referendum.

To borrow a phrase from the late Sir Geoffrey Howe:

“It is rather like sending your opening batsmen to the crease, only for them to find, as the first balls are being bowled, that their bats have been broken before the game by the team captain”. 

There is a problem with the conduct of the EU referendum campaign, because there is a fundamental problem with British politics – namely, the big gaping hole in the centre of it. There are no big beasts, big ideas or big concepts among the current leadership on either side of the House of Commons. In its place is a political void, populated by bland assemble with no hinterland beyond the confines of Westminster.

It is no coincidence that the most significant and impactful interventions in the campaign so far, particularly from the Remain side, have come from those who are no longer active on the main political stage, such as John Major, Gordon Brown or Ken Clarke.

With a few exceptions, the current crop of Conservative, Labour and LibDem political leaders have failed to impress. They have either been absent, like much of the Labour leadership, or been insipid like Brexiteer, Chris Grayling or plain wrong like Penny Mordaunt. The few bright points from the current political generation have come from the likes of Nicola Sturgeon.

Referendums on complex issues need plenty of advanced planning and strategizing. They also need long lead in periods to allow the froth and irrelevancies to be exposed and blown away. Cameron’s strategic approach to this referendum, not least his convoluted pre campaign negotiations with EU counterparts and his assertion that he would have no compunction about recommending “leave” if he didn’t get the deal he wanted, left the scope for meaningful preparation in tatters.

The problem though is that strategy may not mean the same thing to Prime Minister Cameron as it does to others. As Hugo Young remarked in Michael Crick’s documentary “Boris and Dave”, strategy is something Cameron thinks will get you through to next Monday.

The result is that Cameron has allowed the rise of UKIP and disquiet among his backbenchers to compel him to holding a referendum which his poor preparation and planning has allowed to descend into a squalid slanging match of petty claim and counter claim with no real debate on the UK’s EU membership.

A stunning indictment of the Prime Minister’s ‘strategy’ is the fact that an Ipsos Mori survey published less than a week ago (and conducted in April and May) shows that the British public is still woefully ill-informed on the facts and realities of the UK’s EU membership. British people think there are three times as many EU immigrants in the UK than there actually are and they massively overestimate the proportion of Child Benefit awards given to families in other European countries. The actual proportion of UK Child Benefit awards going on children living abroad in Europe is 0.3%, but 14% of people think that its 30% and a further 23% think that its 13%.

Did no one around Cameron think to survey public attitudes a year or so ago and get a picture of the perceptions and beliefs of the people they were hoping to convince? If they had; then they could have tackled these wrong perceptions head on and tried to correct some of them long before the campaign proper began.

In failing to prepare and plan, Cameron has encumbered his allies on the Remain side from even before the campaign started. The gross error has been compounded by the way in which the coverage of the campaign has focussed more on the future of the Tory party and the Blue on Blue battles.

The next few days will be crucial for Remain, if it is to win – and I still expect it will. It needs to sharpen its message and redouble its efforts – it also needs to realise that it cannot solely depend on the current generation of Westminster denizens to get this over the line, it must look to more trusted and well regarded figures.

There is some good news for Remain in the Ipsos Mori survey. 51% of those surveyed predict that Remain will win, while less than half of those planning to vote Leave believe they will win. I mention this as there is some evidence from the U.S. to suggest that asking people who they think will win is a better indicator of the result than just asking them how they will vote.

In less than 10 days we will know either way… And then the real debate can start.

ENDS