Just suppose May
fails to get a deal, or her proposed Withdrawal Agreement (WA) fails
to be passed by a majority of MPs. Suppose for some reason this results in an election
that Labour wins. Labour have not pledged to have a referendum in
those circumstances, and I think this is more than triangulation. It
is increasingly clear that the Labour leadership want to do a Brexit
deal with the EU.
I think it is also
becoming clear that this deal will be essentially Brexit in Name Only
(BINO): we stay in the Customs Union and Single Market. The Labour
leadership will want assurances on nationalisation as well as other
elements in their manifesto, and the EU will give the (substantial)
assurances it can without changing EU policy in any way. Labour will
I suspect also come back with a package on Freedom of Movement that
involves enforcing the existing rules (EU nationals have to find work
within 3 months) and any other sweeteners the EU care to throw them.
That all adds up to BINO.
The key
characteristic of BINO (which is what gives it its name) is that
everything it does can be achieved by staying in the EU. As far as
any sweetners are concerned, it is plausible that the UK is more
likely to get those being part of the EU than being outside it. All
that BINO achieves is to give up a direct say in how the EU evolves,
and giving that up without any compensation cannot be in the national
interest.
So why would Labour
bother to do this? The answer I think is that they want to keep the
minority of Labour voters who still favour Leave voting Labour. When the leadership
says that they must respect the referendum result they do not really
mean that it is undemocratic to hold another referendum: they are not
that stupid. What they mean is that they do not want to antagonise
Labour Leavers. In addition they believe that BINO with sweeteners
would convince enough Labour Leavers that Labour had got the job
done, and these voters would not worry too much about the details.
Before getting on to
whether they are right, it is worthwhile noting that this has nothing
to do with the Labour leadership being Leavers at heart. In a smart
tactical move, Corbyn in his closing conference speech said he would
back a WA that came from May if she delivered “a deal that includes
a customs union and no hard border in Ireland, if you protect jobs,
people’s rights at work and environmental and consumer standards -
then we will support that sensible deal.” The inclusion of Ireland
and protecting jobs means in practice staying in the Single Market.
You just wouldn’t make that pledge if you wanted Lexit.
Of course exactly
the same question arises for Theresa May and the Conservatives, if as
I suspect the EU is not prepared to extend the backstop to the UK and
so BINO is the only deal that avoids an Irish border anywhere.
So would BINO heal
the wounds opened up by the original referendum or would it satisfy
no one? A positive argument would start by suggesting that most
Remainers will not mind losing any say in the EU, because they would
be so relieved that we had avoided a hard Brexit. The people who
should be worried about this loss of sovereignty are Leavers, but
they will be more concerned with actually leaving. And both groups
will be relieved it is all over.
The argument against
is that BINO is clearly inferior with being a member of the EU, so
Remainers will know we have done something that is clearly
nonsensical. Leavers on the other hand will be convinced (by the
Brexit press in particular) that this result is a sham Brexit, and
therefore a betrayal of the original referendum, which is roughly how
May herself has described it. As time goes on both sides will forget
that the government was fulfilling a democratic mandate, and instead
blame it for agreeing a Brexit that nobody likes.
I don’t see how it
is possible to know which of these outcomes will come to pass, which
in turn means a government that enacts Brexit is risking a lot. Of
course politicians are used to taking risks, but these risks normally
involve trying to achieve something they think will do the country,
or part of it, some good. It is somewhat novel to take risks to
achieve something that in itself does nothing but reduce the
country’s influence and sovereignty.