#brexitforensics Long Read: Customs Union.
“A vs The”
Why is the Govt already legislating on this, including re a common tariff?
Rebellions.
Lack of Port preparations.
More extraordinary internal meetings with manufacturers.
Turkey’s trade deals. news.sky.com/story/amp/long…
Thread:
Cabinet & Conservative argument over “a customs union” raging, as you know, being fought via a proxy war between CBI & ERG.
Basic argument the trade-off and timing on when/if: returns from new trade deals outweigh extra friction in EU trade /1
But there is no fudging this any more. Existing manufacturers need to know right now whether or not “rules of origin” will apply, as soon as next year...
NB they don’t exist in a customs union.
/2
So far Govt has said almost nothing about Rules of Origin - though they would be a significant change required in the change from EU membership to a normal Free Trade Area, designed to stop companies relabeling exports as British. Something else some see as pointing to “a CU” /3
What about the Free Trade Deals? Many biggest fish waiting for UK to leave, for their own deals, and for UK-EU end state to be settled. Ex-Trade minister told me new deals 5th priority. Current trade Bill not about new deals, new one required.
/4
Rees-Mogg and some in ERG want a policy of unilaterally lifting tariffs using Brexit freedoms, in order to demonstrate price-cutting tariff reduction in clothing, footwear and food. Some argue it is necessary for Govt to show Brexit dividend. Therefore no new CU.
/5
Then there is the infrastructiure requirements at the ports. Long term solution re Operation Stack in Kent has been put back, planning permission wont even be applied for until 2019. Local PCC tells me lorry parks, ne hard shoulders required now
/6
More widely, at many ports, eg Portsmouth, just not the space for necessary large scale increase in customs checks for business built on the free flow of lorries on RORO ferries directly on to UK Motorway network... Taxpayer expected to have to pay for infrastructure upgrade.
/7
I report in Long Read, more incredulity from manufacturers involved in Govt Brexit roundtables, where a “fantastically inadequate and impractical” customs plan was floated which “Everyone in the room killed in first 5 minutes”...“you need to be more ambitious” was Govt response
So put it all together: 1. Cabinet split on “a” Customs Union 2. Staying in for transition 3. New Trade deals not prioritised 4. No preps for Rules of Origin 5. No changes to customs/ port infrastructure yet 6. Legislation for “a customs union” 7. Opposition moving to CU ...
/9
Bigger point is this:
Current structure of UK economy is built on existing EU borderless, frictionless trading arrangements, particularly integration into pan European integrated supply chains...
Moving away from CU will inevitably change this - but little strategic preps
/10
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NEW: First Minister of Scotland @NicolaSturgeon tells me at SNP conference “it would be my position “that Northern Ireland backstop on single market being negotiated right now should also apply to Scotland
The First Minister tells me she is “not going to stand in the way of NI having a solution to its issues” but that a NIO-only backstop raises “profound concerns on my part” for the competitiveness of Scotland and losing investment to Northern Ireland
I suggested to FM that surely that would imply checks on the England-Scotland border...
She said “I don’t want checks ... lets wait and see how this all plays out”
The border checks acknowledged by @simoncoveney to @SophyRidgeSky are east-west GB->N Ireland ones on food/farm produce, not North-South ones. not sure how much further that gets us, when senior DUP sources have said they would not accept any increase in what is checked...
salient fact here: offer indicated by PM amid her demand for “respect” after Salzburg was such extra NI checks/ regulatory alignment with Ireland could only be contemplated if approved for NI by Stormont - as of last week had been rejected by EU/IE, & DUP said wd veto there
nothing on paper yet though, and there is of course, no NI Assembly to reject anything...
There is some potential wriggle room, however, for example, if any further east-West checks required, could be one way ie not west-east, enabling NI produce free access to U.K. AND EU
Ministers are well aware of this case, I’ve been told that its significance may be being underplayed, I had been told that the Government would seek to appeal the Court of Session’s reference to the ECJ, but apparently didn’t, or haven’t at the most appropriate opp this week...
This is the actual reference from Scotland’s highest court directly to the European Court of Justice asking for a clarification on whether EU Law (ie Article 50) allows for unilateral revocation dropbox.com/s/3sq5dvjh8ruc… via one of the petitioners @JolyonMaugham
It could have got rather interesting constitutionally if the UK Gov had asked the Supreme Court to overrule Scotland’s highest court asking the EU Court whether a UK Govt had theoretical option to revoke A50 without negotiation, options it says it does not want.
Johnson calls the PM’s Chequers proposals
“Not pragmatic not a compromise.. this is not democracy, not what we voted for... it is a constitutional outrage” to cheers...
Says to fudge it now and fix it later “is a total fantasy”
“Chequers will only embolden those calling for a second referendum” says Johnson...