Unholy rush at Christmas – 3 days from signing a deal no-one has read

All documents in one place – 1,332 pages from UK and 1,379 pages from EU

© Brexit Facts4EU.Org 2020

Brexit Facts4EU.Org provides a much-needed overview of Brexit before 01 Jan 2021

Shall we start with an overview? Or would you prefer to dive into the detail of 1,332 pages of legal text in the five documents which were finally released by the UK Government yesterday morning?

We thought not. Fine, in this article we will provide a very high level summary of where this ‘trade deal’ leaves the United Kingdom, as it goes into 2021 in just five days’ time. Firstly we thought that readers might like to find the links to all relevant texts in one place, so here they are below.

Brexit Facts4EU.Org Summary - all the documents in one place

UK Government documents

That’s a total of 1,332 pages for the UK, excluding PR etc.

EU documents

That’s a total of 1,379 pages for the EU, excluding PR etc.

In addition there will be further documents for both sides, referred to in the agreement, which have neither been agreed nor yet even drafted.

The Leave vote was about the UK-EU relationship as a whole, not about trade

1. The first thing to say is that the latest documents cannot be seen in isolation. In determining where the UK now stands in its relationship with the EU and its 27 member countries, the documents must be read in conjunction with the Withdrawal Agreement including the Northern Ireland Protocol. We shall come back to this shortly.

2. The second general point is about control - and sovereignty. This lies at the heart of the entire Brexit debate. The majority of voters wanted a return to being a fully free, fully independent, and fully sovereign country once again, after decades of the EU’s inexorable power grabs and insidious advances towards the superstate status its acolytes crave.

3. The third point is a tricky one. Yes, the old cliché that “the devil’s in the detail” applies, naturally, but there’s something else. Something which we have written about many times over the last five years and which has often left us feeling like lone voices in the wilderness. It’s something which is routinely forgotten by almost all Brexit commentators.

The legal text of any agreement with the EU is one thing, but we must never forget that we are dealing with quasi-religious zealots: fanatics for their cause. The technocrats and politicians in the EU Commission and EU Parliament are at heart fundamentalists. Their Old Testament contains the writings of people such as Victor Hugo, Coudenhove-Kalergi, Briand, de Gasperi, Monnet, Schuman and the like. Theirs is an ideology and it’s an ideology founded on principles which seemed important to continental Europeans set against the desecrated post-war landscape of the late 1940s and 1950s.

Their view of ‘Europe’ and the world is still seen through this prism. For many British people this view is unfathomable and indecipherable. It matters because it affects how the EU behaves and how it will treat the UK going forward – regardless of any legal texts.

In five days’ time, will the basics of Brexit have been achieved?

In short, the answer to that question has to be ‘no’. Emphatically not. In point 1 above we stated that the latest ‘Trade and Cooperation Agreement’ (TCA) must be read in conjunction with the Withdrawal Agreement including the Northern Ireland Protocol (WA/NIP). This is the only way to judge if Brexit has been delivered or not.

What the Conservative Party Manifesto of December 2019 – just 12 months ago – actually said:-

Brexit Facts4EU.Org Summary

What voters were promised in the Conservative Party Manifesto


© Conservative and Unionist Party

“Boris Johnson’s new deal takes the whole country out of the EU as one United Kingdom. It takes us out of the customs union, allowing us to set our own tariffs and do our own trade deals. It allows us to pass our own laws and ensures that it is our courts that enforce them.” VERDICT: No, not true. A sovereign part of UK territory remains under EU law, as described in the WA/NIP. And Gibraltar has not been included in the TCA.

“We will keep the UK out of the single market, out of any form of customs union, and end the role of the European Court of Justice.” VERDICT: No, not true. Northern Ireland remains in the EU’s Single Market and Customs Union and is subject to the ECJ’s rulings.

“This future relationship will be one that allows us to:

  • Take back control of our laws.
  • Take back control of our money.
  • Control our own trade policy.
  • Introduce an Australian-style points based immigration system.
  • Raise standards in areas like workers’ rights, animal welfare, agriculture and the environment.
  • Ensure we are in full control of our fishing waters.”

VERDICT: No, we will not have control of our fishing waters. EU trawlers – including marine environment destroying super-trawlers – will continue to have full access to our waters for a total of ten years from when the British people voted to take back control. If the UK Government were to try to restrict access, EU penalties could be imposed and the entire CTA could even be terminated.

“Investing in people … strengthening the great Union between the United Kingdom’s four nations – that is how we will unleash our country’s full potential.” VERDICT: It’s hard to see how the Union has been strengthened when one of its four parts has been cut off, when it will have different tax and customs regimes, and when the citizens of that part will live under EU laws.

Observations

Do there appear to be ‘wins’ in the Trade and Cooperation Agreement?

Yes. From our initial review there are some important and positive aspects, not the least of which being zero tariffs and zero quotas, and the ECJ not adjudicating the deal.

However if anyone was expecting the Facts4EU.Org team to be delivering a full verdict on the EU-UK “Trade and Cooperation Agreement” today, then we have to disappoint you.

The UK and EU governments’ Christmas present is a document of 1,246 pages of legal text. On top of that, from the UK Government there are further documents bringing the total to 1,332 pages. In addition there will be even more documents, referred to in the agreement, which have neither been agreed nor yet even drafted.

The average novel runs to nearly 300 pages, so we’re looking at trying to study, analyse, summarise, and report on the equivalent of several novels, all written in legalese. Who wants to spend their Christmas and New Year doing that?

An unholy rush at Christmas

We will get there, but it will take a while. In fact it will take more time than the Government is prepared to give us – or MPs and peers. The vote on this deal is due to take place in the House of Commons on Wednesday – just three days away.

Once again the Government will use protocol-breaking measures to get this deal approved by Parliament in an unholy rush, before anyone has had a chance to scrutinise it properly. Perhaps that was always the intention, although at Christmas time we would prefer to think more charitably. So let’s just call it a shambles.

We continue to call for this deal to be applied only provisionally, to give time for MPs and everyone else to study it before any full ratification. Quite why the ERG – and the Labour and other parties come to that – haven’t insisted on this is beyond us.

Finally, we know times are difficult for many people this Christmas - they are for us too. Covid has affected us all, and it has definitely affected the level of donations we receive from members of the public. With no other source of income, we rely on our readers to keep us going.

We are most grateful to readers who have donated in recent days, but we badly need more readers to do the same if we are to continue researching facts, scrutinising, publishing, and lobbying MPs. Quick, secure, and confidential donation links are below this article, or you can use our Donations page here. If you have never donated before, please, please, keep us going with a donation now. Thank you so much.

[ Sources: UK Cabinet Office | EU Commission | Conservative Party Manifesto 2019 ] Politicians and journalists can contact us for details, as ever.

Brexit Facts4EU.Org, Sun 27 Dec 2020

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