The next big Brexit issue- the future rights of EU/Irish citizens in the North

Another big Brexit theme has been overshadowed by the border conundrum – the future of citizens’ rights in Northern Ireland.   The contention is  that many of these will go unprotected when the UK withdraws from the EU Charter of Fundamental Rights and the rulings of the EU Court of Justice in Luxembourg, a key UK government aim. The Charter has greater force than the non-EU European Convention on Human Rights which is written into UK law as the Human Rights …

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It has to be faced. Brexit will happen. The Irish border problem will not stop it

It’s now clear to me that we convinced Remainers must accept that Brexit is going to happen. It will not implode through the weight of its own contradictions. There is no prospect of an alternative government that will halt the process. Yesterday felt like a real turning point.  As a result of yesterday’s agreement on the transition period the EU leaders will ratify on Thursday, the UK will remain within the single market and the customs Union beyond the Leave …

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After brinkmanship, agreement on the transition period, but another fudge on the border. The ” backstop” for Northern Ireland remains

Breaking….. I had just filed a piece below headlined “brinkmanship on the border “ when the Irish Times reported that that the British had agreed to accept  a legal  draft text containing  the “ backstop” option 3 on keeping Northern Ireland in alignment with the EU after Brexit as part of transition terms for exiting the Union. RTE also has the story There is a huge provisio. Both sides want a comprehensive final deal that negates any need for special status …

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Brinkmanship on the Border

Another day, another doubt.   After a weekend of sherpa preparations for the EU summit on Thursday and Friday, both sides are still unsure they can reach an agreed position by tomorrow night on transition terms and duration   for the UK’s departure from the EU.  From the Irish Times preview of the David/Barnier meeting, it’s clear that the Irish government neither want nor need to  take sole responsibility for imposing a veto on a transition timetable later this week. Irish and …

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Dublin not expected to use their “border veto” against a transition deal for the UK

Brexit talks will become more intensive over the next six months and will feature a greater focus in the Irish border, according to the EU side.  This week looks likes providing one of those so-called crunch moments when a key Brexit decision is reached in black and white but with grey edges.  The UK are hoping for agreement on a transition period longer than December 2020 as currently mooted,  during  which the UK would pay full EU budgetary contributions. The …

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Clean hands

Nato Conference Room

FitzJamesHorse pithily describes the formality that Irish is the “first national language” as Ireland’s “first national hypocrisy”. But Ireland is not short of hypocrisies. Its second national hypocrisy has long been the pretence that Ireland is somehow free of the sin of abortion. And to this list we should add a third, the conceit that Ireland is a “neutral country”. The second and third national hypocrisies are remarkably similar. In both cases Ireland has dodged a controversial issue by washing …

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The Potential Leaders of the Post-Merkel Era

Leon Kohl is a graduate student in EU Politics at the London School of Economics and Political Science. The German Social Democrats’ ratification of the coalition agreement with the Christian Democrats paved the way for Angela Merkel’s fourth term in office. Her time as chancellor has overlapped with four British prime ministers and four Taoisigh. However, her conservative CDU’s poor performance in the September general elections and the length of coalition negotiations have weakened her authority, leading to calls for …

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Fewer east-west economic restrictions is more far important than an open border.

Ah, Brexit. My own thoughts have been from the start is that it represents a real and material threat to the economy of the Republic far more than any threat it poses to peace in Northern Ireland. Guardian picture editors may love the agitprop of 1960s style Irish customs, but a good deal on trade and one that offers the UK access to the single market (albeit at a price) would send such lurid scenarios back where they belong: the …

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Article 50 one year one – where are we now?

Boats with EU, UK flags sailing in opposite directions

It’s almost a year since Theresa May triggered Article 50 and the past year has been a veritable rollercoaster of ups and downs in the Brexit negotiation process – admittedly more ups than downs! But where exactly are we in the process and what are the implications for Northern Ireland and the island of Ireland? Will the next phase of the negotiations culminate in Downing Street’s end goal of a “a smooth and orderly Brexit?” Join the Queen’s on Brexit …

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The Brexit Border in 4 key slides

Recently I decided that what is needed right now are some slides that attempt to put the Brexit border issue as simply as possible. This is a pared-back and simplified overview of complex matters, but it’s my attempt to provide an outline of what border controls could mean for different types of border with the EU after Brexit. It is the second draft of a work in progress and any corrections, comments and suggestions are welcome. Slide 1 shows the different …

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Brexit battle lines drawn up, or the storm before the calm and other cliches

On the face of it,  the prospects are looking grim again but it may only mean that they’re getting down to business – at last- again. The BBC headlines “Brexit trade talks battle lines drawn.”  And the FT reports  that  the EU –  the  authoritative  Council of the nation states and not just the Commission of bureaucrats –  are taking a hard line for future negotiations with the UK –  slapping down Theresa May’s  supposedly emollient  attempt last week as …

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“Leo Varadkar and Mary Lou McDonald have been making eyes at each other, using Brexit as chaperone…”

Interesting observation from Eoghan Harris… Leo Varadkar is playing full-on footsie with Sinn Fein – although he must know that Sinn Fein is using Brexit, like it uses the Irish language, as a baton to beat up on Northern Prods. Behind their cosmetic digs at each other, Leo Varadkar and Mary Lou McDonald have been making eyes at each other, using Brexit as chaperone. Last Tuesday, at a meeting of Sinn Fein in Newry, Mary Lou McDonald patronisingly praised Fine …

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Interesting point on the EEA

This is apparently old news, but does the UK Government need to give notice of leaving the European Economic Area or not? Until five minutes ago (HT the roads fans on SABRE), I would have said no.  Then I read the preamble of the agreement of the EEA, specifically the contracting parties. The contracting parties are not the EU, Norway, Iceland and Liechtenstein. The contracting parties are the EU, the members of the EU in their own right, Norway, Iceland …

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Brexit latest sees Coveney urging more clarity with Dodds asking for more logic

The Irish Foreign Minister, Simon Coveney appeared on the Andrew Marr Show this morning to speak about his response to Theresa May’s speech on Friday about the UK’s future partnership with the European Union. Some of his remarks are below; “It is a very complex thing for Britain to leave the EU… when you add in a fragile peace process this is a significant responsibility for the British government and I’m glad the PM made that clear in her speech” …

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Another angle on Sinn Féin’s Westminster abstention

Any debate about Sinn Féin’s Westminster abstention policy tends to cover no new ground. It always starts with someone – most recently Polly Toynbee – suggesting that SF should take their seats to pursue some common, worthwhile objective, in this case, that of blunting the sharp edges of brexit. It ends with SF supporters asserting that (a) it is a key republican principle that can’t be easily argued away; (b) that the party has a clear mandate to abstain from Westminster; …

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The vast, terrifying vista of boundless possibility.

Storm clouds approaching

The slippery slope argument is a well-known logical fallacy for two reasons. Firstly, it is almost universally wrong. Secondly, it is almost universally believed. This is because human beings are innately loss-averse, preferring the certainty of the here and now (however imperfect) to the unknown possibilities of change. It is only when the here and now crosses a significant threshold of imperfection that uncertainty begins to look inviting. The mildly discontented compare the known and the unknown and say “don’t …

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So we just have to be smart. Apparently.

We are assured that technology will fix our borders (quite often by certain politicians, actually).  All we need are CCTV cameras at the border and no checks will be required according to a a report by Lars Karlsson, President of KGH Border Services, Former Director of World Customs Organization and Deputy Director General of Swedish Customs, so we are told by the DUP. Indeed, that’s what the Abstract says: This study, commissioned by the European Parliament’s Policy Department for Citizens’ …

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Surf and turf

Boats with EU, UK flags sailing in opposite directions

As blogger David Allen Green has pointed out, whoever produces the first draft of a legal document has the advantage. While the EU has been criticised for its backstop-Brexit draft, the UK has conspicuously failed to produce any draft at all, and shows no signs of doing so. The final transition agreement is thus unlikely to differ from the EU’s draft in anything other than some finer details and cosmetic language. This was of course predicable and widely predicted back …

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EU document is the equivalent of a government white paper, so the telling detail is yet to come…

With the tensions getting high over the EU’s release of a well leaked draft of the EU’s terms for the UK’s exit, the speculation around its intentions as much implications could prove to be as damaging as any actual outcome. The UUP’s response this afternoon quotes a piece of text in Article 4, regarding the free movement of goods: “…the territory of Northern Ireland, excluding the territorial waters of the United Kingdom (the “territory of Northern Ireland”), shall be considered …

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Both sides are now playing politics with the border

 

Theresa May must have been desperate to have signed the joint Report in December. She did so, knowing that it would do little but buy time before the next elemental clash, and focusing on  contradictory positions over the border. The price of a deal would then increase, just like a loan from a money shark. He didn’t force her to take out a loan, now did he? But those are the terms, dear. And so  today’s draft withdrawal Agreement which the EU have just published came as no surprise.

You’ll recall that Arlene Foster finally let May go ahead to sign the Report at the second attempt after  requiring   a cardinal tenet of unionism to be included, that no economic border would  come between NI and GB.  Foster in her statement added the rider that “more work is needed.”  But now she may be ruing the day she was so accommodating, not a position she often holds. For “more work” in DUP terms was never done.   Today Foster could only declare the draft “constitutionally unacceptable and economic catastrophic.”

It turns out those assurances were worth even less than the paper they were written on. As we reported yesterday they’re absent from the final text. This is because they were written off as a mere internal affair between the UK government and the DUP and not a matter for a lofty EU legal document.

.The status recommended for Northern Ireland is bound to raise Unionist and Tory hackles by  removing one of the usual planks of sovereignty, the main trading and border policies,  without seeking permission from the people who live there .  The Brexit cry “Taking back control” rings very hollow here. But in the end they can’t be serious. This draft is Operation Hope Not.

In cold print the EU paper really does remove traditional aspects of sovereignty which in EU parlance was pooled.

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