How to disguise a really big lie? Put it on a bus.

The Tories, and particularly their leader, lie all the time. It is quite shameless. But there is a corollary to this. If your whole campaign is based on one big huge lie, make it your main slogan. Because, even today, many voters still think you wouldn’t dare lie about something so important. Unfortunately recent history suggests otherwise.

We all remember the £350 million for the NHS lie in the 2016 referendum. It was famously on a bus. Except it seems that a good part of the voting population has forgotten the reason that slogan is notorious. It was a huge lie, the opposite of the truth. The have forgotten because the Tories have a new bus with a new slogan that a lot of voters appear to believe. In reality it is as big a lie as the one made during the referendum.

Also consider the key Tory slogans in the last two elections. In 2015 it was “Strong Leadership, A Clear Economic Plan And A Brighter, More Secure Future”. Within a year the ‘strong leader’ had resigned, businesses were unable to plan and the UK’s future was anything but secure. In 2017 who could forget “Strong and Stable”. May lasted two years but no one would call those years stable.

In 2019 we have “Get Brexit Done”. I can confidently tell you that this is in the true tradition of the earlier slogans. A more truthful slogan would be “If you liked the last three years of Brexit deadlock, vote Tory”. Here is why.

It is true that Johnson will get enough MPs to pass the Withdrawal Agreement (WA) if he wins the General Election. But the truth that much of the media has hidden is that the WA was always going to be easy if the UK government was prepared to put a customs border in the Irish Sea. Johnson got that agreement because he capitulated on a red line that he, his fellow MPs and the DUP had forced on Theresa May. Why did the ERG allow Johnson to get away with that? Because they saw a brand new opportunity for a No Deal exit at the end of 2020.

What the WA does not specify is the nature of the trading arrangement between the EU and the UK excluding Northern Ireland. This relationship has always been the sticking point in getting the WA done, and why it has taken so long. The WA does nothing towards saying what that relationship will be, except that it is unlikely to involve being in the EU’s Customs Union or Single Market. Johnson says he wants a Free Trade Agreement (FTA) with the EU, but FTAs normally take over 5 years to negotiate.

Johnson has given himself just a year, until the end of 2020. On that date the transition agreement, where we stay in the EU in everything except name and voting rights, comes to an end. Johnson has pledged to not seek an extension beyond 2020, even though one is on offer. That pledge was the basis for getting Farage to withdraw his candidates from Tory seats. The problem is that no one will be able to negotiate an FTA within a year.

Here is the ERG’s big hope, and why Farage withdrew. If Johnson keeps to his word, we face a new cliff edge at the end of 2020. Unless he breaks his word, we will drop out of the EU with no FTA at all. (The great Michael Dougan puts it very clearly here, although I’m not sure about the shirt.) This would be disastrous for the UK economy, but it is what the ERG have been trying to get since 2016. If he breaks his word expect all hell to break loose within the Tory party. If he decides on No Deal, all hell will break out in the Tory party, and parliament might well try to force an extension on him. In other words the next year will be just like the last three.

More generally negotiating an FTA is difficult and time consuming stuff, because it involves UK interests of various kinds that will be trying to get the government’s attention. It will mean that Brexit remains constantly in the news and taking up politicians’ time. This is partly because the government has not thought a lot about how to deal with the many difficult problems an FTA presents, preferring as usual to pretend any difficulty does not exist. Once again, as Chris Grey notes, the EU are much better prepared.

I know I go on about the media a lot, but all this should be common knowledge beyond those who research these things. It clearly is not, with plenty of voters prepared to vote Conservative despite all Johnson’s failings because they believe he will end the Brexit turmoil. This is not about journalists taking sides, but stating facts. I have heard plenty of journalists ask Conservatives whether it is credible to get an FTA done in 1 year, but with little or no follow up.

As just one example, I heard a Conservative MP (I think it was Vicky Ford. Chelmsford) defending the FTA in a year nonsense by saying most of the deal was already done, with no follow-up by the interviewer. What she appeared to mean is that we currently trade with no tariffs with the EU so that will be the basis for negotiations. But of course that is nonsense. The negotiations will start as if the UK was a country with No Deal with the EU, and the UK will have to make the case for moving towards our current position as a member of the EU.

That case will involve all kinds of complications which Tory ministers will find it hard to resolve. For example zero tariffs will only be possible if the UK agrees to adopt all the regulations the EU has which could influence competition, which is most EU regulations. The Tory government wants to get rid of many of those regulations. That means the UK cannot have zero tariffs, because the EU cannot allow an outside country to undercut their own producers because of weaker labour or environmental regulations.

Then there are all the specific thorny issues, like fishing. Tony Connelly brilliantly fillets the complexity here, but in essence the UK cannot exclude other countries from its waters (the dream that led many fishermen to vote for Brexit) and still expect to sell most of its fish to the EU tariff free.

So as far as Brexit is concerned passing the WA is the beginning not the end. If you really want the issue over with, Labour are the much better option. The deal Labour are likely to negotiate within 3 months of taking office will be much softer: almost certainly staying in the EU’s customs union and something close to being in the Single Market, if not in the Single Market. That is why it can be negotiated quickly. We then have a new referendum on that deal within six months.

The contrast between Labour and the Conservatives is clear. Under Labour Brexit is settled by the people in the Autumn of 2020. Under the Conservatives we face a new cliff edge at the end of 2020, and possibly negotiations for another five or more years, or alternatively a No Deal Brexit with all the consequences that will bring. If you want to get Brexit done, don’t vote Tory.

If the UK and EU can do a deal is everything now fine?

In case you hadn’t seen it, here is my article that was published in the Guardian yesterday. It was my luck that on the evening of publication, and after it appeared that Johnson had put a hopeless deal to the EU, his talks with Varadkar suddenly sounded positive. But is everything as it seems?

The obvious point is that one set of bilateral talks do not make a deal. Both parties had reason to sound positive. The EU does not want to be blamed for obstructing a deal, and Johnson wants grounds for going into the forthcoming election with the prospect of a deal. Cummings rhetoric is quite consistent with that, as they want to make No Dealers believe that will be what eventually happens and they also want Dealers (not least MPs in his party and cabinet) to think a deal is possible. He also wants to have grounds for boycotting any Public Vote in the unlikely event parliament tries to vote for that before an election.

But let’s suppose there is substance behind what happened yesterday. What would that substance have to be? It is highly likely it avoids any kind of hard border on the island of Ireland, which in turn means a completely different set of trading arrangements in Northern Ireland compared to the rest of the UK. Or in other words, all customs checks shift to between Northern Ireland and the rest of the UK.

I suggested around the time Johnson became PM that this would be an option he might take. The almost universal reaction to my suggestion was that it would not get past parliament, because the DUP and other MPs would vote against. But of course Johnson wants a General Election. He is a Prime Minister with little power at present. So he might hope that if he got a larger majority than May had after 2017, and with the help of Labour leavers, he could get such a deal through.

Speculating about that when we don’t know the details of the deal are pointless. The key issue I want to address is whether such a deal would make my Guardian article look stupid. As it talked about no deal, of course. But in substantive terms, you could write something similar about a Johnson deal that solves the Irish border problem in this way. Obviously concerns about peace in Northern Ireland disappear. Whether Scotland will get independence is also more problematic. But the UK would still have to spend a lot of political time negotiating a free trade deal with the EU, and that would be more difficult than it would have been with May’s deal.

The reason is that currently Johnson’s proposals for a free trade deal abandon regulatory alignment. They want to reduce workers rights and consumer protection and environmental protections, and that will mean a far less extensive trade deal with the EU than under the backstop. That in turn means that the long term economic costs of any deal will still be large, although obviously not so large and we avoid the short term disruption.**

But the core of the article, that this is going to be something imposed on a majority by a minority, still applies. And it remains true that only a few thousand people will benefit for a deal of this kind, and everyone else will lose. So in that sense the core message of the article applies whether Johnson gets a deal or not.

** Postscript (12/10/19) Chris Giles crunches the number here 

Tangled up in red

There have been three constants in the Brexit negotiations so far. The first is that the UK side makes speeches, and the EU side drafts agreements. In a way this is logical, because of the second constant, which is that the clock is always ticking. The ticking clock means the EU has nearly all the power in these negotiations. That leads to the third constant, which is that whatever is finally agreed is pretty close to the original EU drafts. It is obvious if you think about it. The EU side has the power and they also have a clear purpose and unity in achieving it. The UK side is weak and divided with no clear purpose, so the best it can do is to give speeches so UK voters get the impression the UK is influencing what is going on.

The EU published yesterday a framework for an FTA between the UK and the EU. Given the logic above that means any agreed FTA will be pretty close to this framework. It has been designed by the EU to be compatible with Theresa May’s red lines. The EU is quite clear that it would be possible to have fewer barriers to trade than this FTA framework involves, but this would require changing the UK’s red lines. These red lines include that the UK will not be part of any customs union with the EU or the Single Market for goods.

Some have interpreted this framework as implying that the EU is prepared to compromise on the hard line it took on the Irish border last week. However the document starts by noting that “negotiations can only progress as long as all commitments undertaken so far are respected in full”. That includes the first stage agreement involving the Irish border, which gave three possible options: an agreement between the UK and EU so strong that it meant no hard border was required, a technological solution, or Northern Ireland staying in the EU customs union. The second option is magical thinking. 

What the EU FTA framework shows is that the first option is not going to happen. The UK are not going to get an FTA much better than this, precisely because they are not as yet prepared to accept the obligations that go with a customs union or the Single Market. So Northern Ireland has to remain in a customs union with the EU to avoid a physical border, and there is no reason why the EU should compromise over this. 

That means that the EU's FTA document is for the remaining UK, and would involve a customs border between two parts of the UK. It seems incredible that the Conservative party could accept that, and the DUP will certainly not. As a result, the UK will carry on pretending that an alternative solution is possible, and saying that the EU should “get on with” looking at the first two options for the border. The EU has no intention of doing that, because the EU does not do magical thinking over Brexit.

This impasse could be broken by parliament if enough Conservative MPs had the nerve to vote for the UK to remain in the customs union, as Labour now wish. That would be absolutely the right thing to do, because the arguments that we should stay out of a customs union are absurd. We are likely to get much better trade deals with third countries as part of the EU than outside. It already looks like we will lose deals the EU has already made. And with Trump in the White House raising tariffs it is crazy. 

Ironically one reason Tory rebels may fail to rebel is that the delusion that there are other solutions to the Irish border problem will be broken sometime in the autumn anyway because of the second constant, the ticking clock. The clock in this case is that the EU will not agree to a transition period until the UK signs up to the legal version of the first stage agreement. So sign the UK will.

Whenever the UK government is finally forced to concede that it will have to agree to stay in a customs union with the EU the Brexiters should finally break with the government. That is the event that May has been so desperately trying to avoid, which is why she has got herself so tangled up with her red lines. If May understands what is going on, then she will spend the next few months trying to convince the Brexiters that signing the legal version of what she already agreed in December is not the commitment to the UK staying in a customs union that it in fact is. Declaring that it was something the UK could not sign was not a wise way to start that process. May is all tangled up in her red lines, and the country is all tangled up in blue. 

Postscript (09/03/18) Yesterday Donald Tusk said he was putting "Ireland first". The UK had to provide "specific and realistic" plans to avoid a hard border in Ireland before Brexit talks could make any progress.