I do not treat the referendum result with contempt. It has not been able to escape our attention and has dominated our lives for the past three years. The Petitions Committee should be treated with respect, and 135,000 signatures on a petition is not to be disregarded.
The petition text states:
“On the 25th of November both the UK Government and the European Union came to an agreement on the proposed departure from the EU. After an historic defeat in the House of Commons on the 15th of January, 2019 by a majority of 230 votes the PM has now decided to go back to the EU over the backstop.”
That is a statement of fact. On 25 November, the EU 27 leaders met for a special meeting of the European Council and endorsed the withdrawal agreement as presented by the negotiators of the EU and the UK. They also approved the political declaration on future EU-UK relations that accompanies the withdrawal agreement. The scale of the defeat in January was, I think, unexpected for most of us, and it is useful to consider why.
The petition mentions the backstop, which certainly accounts for part of the group of Government Members who voted against the deal, but there were many significant and substantial further concerns. For many of us, it was the imprecise nature of the political declaration that caused concerns; it looked like a wishlist of aspirations, rather than anything settled. Other concerns included the danger of a further cliff edge in two years’ time; the likelihood that at best we would pay to be part of programmes in which we no longer had any influence in terms of a vote; and the near certainty that we would still be subject to European Court of Justice jurisdiction. In other words, far from taking back control, we would, in the words of some, become “vassals”. Frankly, that had been obvious from the outset, and it was a pretty silly vassal that did not see that coming.
The second paragraph of the petition text states:
“Under section 5 (ii) of the Belfast agreement, 1998, there is agreement to ‘to use best endeavours to reach agreement on the adoption of common policies, in areas where there is a mutual cross-border and all island benefit’”.
Essentially, the Irish backstop is an unresolvable issue: it is a position of last resort that prevents a hard border on the island of Ireland by providing an EU-UK customs relationship if a suitable trade relationship has not been reached by the end of the transition period. Some are concerned that we cannot withdraw from it unilaterally, which of course is the whole point. It is a protection mechanism for both the Republic of Ireland and the UK as well as the rest of the EU, and thus it must apply to all of us.
Reams and reams have been written about the issue and months have been spent arguing about it and discussing it. The contents of the Attorney General’s codpiece continue to attract both speculation and consternation. Frankly, I suspect there is little that I can add to all the learned verbiage, other than the conclusion that it does not appear to be getting anyone very far. The technological solutions that some who fear being trapped inside a de facto customs union advocate to manage customs do not currently exist. Realistically, the backstop cannot change, or the protections that it offers will not be cast iron. Whatever codicils, clever words, Star Chamber tests or anything else are offered, a fundamental problem remains and is unlikely to be resolved.
Skilful negotiators are able to build confidence and create constructive ambivalence, allowing everyone to believe what they need to believe. It is a matter of politics, not law, and the Government’s failure to appreciate that is yet another in a long list of failures of basic competence. Brexiteers need to be honest: if they want to allow a position where a hard border becomes possible, they are accepting the potential break-up of the United Kingdom. By neglecting Northern Ireland in that way, it is possible that Brexit could result in the fracturing of our United Kingdom. For the Conservative and Unionist party, that is quite a price to pay. The border of the European Union will be the Irish border, as the Republic of Ireland is our only land border with Europe. The basic facts of geography are undeniable. Ireland is an island, and there is no way around that fact.
The third paragraph of the petition text considers the economic impact, noting that:
“The Government’s own economic analysis published in November 2018, shows that a no deal scenario will have roughly a 10% decrease in GDP.”
Again, volumes and reams have been written about the potential economic impact, particularly of no deal. Members will be delighted that I do not intend to re-rehearse those reams this afternoon. Like all economic predictions, it is of course contested, but we are in a curious place when the Government’s own economic predictions are treated with derision by their own supporters.
I will simply add to the already well-known data some information from last week, when the OECD published its regular economic outlook on the global economy. It predicts that a disorderly no-deal exit would probably spark a UK recession. The OECD shows that the UK economy has been weakening since the 2016 referendum.