Philip Collins has proposed that TMay go for a transitional deal:
How May can break free from Brexit muddle
November 17 2016, 12:00pm, The Times
Philip Collins
Rather than rushing through a bad agreement the PM needs to seal a transitional deal to take us past the next election
In the three-dimensional game of chess beyond the looking glass the White Queen believes six impossible things before Brexit. Her foreign secretary is impossible with the Italians about trade in prosecco and fish and chips, uses a rude word to the Czechs while being impossible about the movement of people, and is upbraided by the Dutch finance minister for talking impossible nonsense about a customs union.
Meanwhile, the prime minister insists she has a plan for the country’s departure from the European Union but refuses to say what it entails. Mrs May has already had to listen, at PMQs, to a Tory MP ask if his Italian parents will be permitted to stay. This is never going to last. There are just too many impossible things here.
It is not unreasonable for the prime minister to wish to keep her detailed thoughts secret. A comprehensive wishlist would be an open invitation to critics to denounce its contents and deplore what was missing. It would inevitably, thanks to the trading nature of negotiating, ensure that some of the wishes were denied. The published list would therefore have to include dummy options that the prime minister was secretly prepared to lose. Then she would be denounced, either for dishonesty or for not bringing home the bounty promised.
None of this makes silence a virtue. Representatives of the government had a hissy fit about the Deloitte report leaked to The Times this week but its contents brought a truth into the public realm: Britain’s process for leaving the EU is a shambles, or “Mickey Mouse land” in Kenneth Clarke’s phrase. The most complex task of postwar British politics — at least 500 separate projects — is going to require more civil servants than are employed across the EU. The official forecast for next week’s autumn statement will set the bill for Brexit at £100 billion over the next five years. The chancellor hopes to hand out goodies for those who are just about managing — the “jams” — but, as the White Queen knows too well, it is going to be “jam to-morrow and jam yesterday but never jam to-day”.
There is an inescapable sense of nobody taking back control. This is no great surprise, really. The Leave campaign was recklessly cavalier about how easy leaving the EU was going to be. Disentangling Britain from a series of legal treaties is not one event but many. The EU has about 50 international trade agreements from which the UK benefits, all of which will now have to be begun again. It will be a mammoth task even to replicate these arrangements, let alone improve on them. Maybe one day Liam Fox will return triumphant from Bosnia-Herzegovina with a new deal. Next stop Costa Rica, Mauritius the week after.
Mrs May needs to make us think she has a plan and the best way to convince us is to have one
Dr Fox cannot even start until Britain’s relationship with the EU is settled. The laws that frame the markets for financial services, employment, restructuring and insolvency, data protection and intellectual property have all been painstakingly drafted in chambers of the EU. Pension law, competition, telecommunications and media are almost as complicated. There are some bills, such as the Equalities Act, in which some provisions refer to the EU and some do not. That’s not to mention clauses whose parentage and application is a matter of legal dispute. Somebody is going to have to go through all of it and say yes or no to every clause. Every change will be the subject of well-informed corporate and charity lobbying.
It is going to be fabulously complicated. If the referendum question had only been “can you really be bothered?” we would have voted to remain. This negotiation can only be done badly in two years and it probably cannot be done at all. “Divide a loaf by a knife: what’s the answer to that?” asks the White Queen. On the current trajectory it is likely that Britain will crash-land out of the EU in 2019 with no completed deal. It’s hard to put a figure on how bad that will be but make mine a large one. A crash landing is in nobody’s interests, least of all the prime minister’s. It is bad enough that she is inviting the charge of drift that could easily stick. Drift could soon come to define the government and its leader.
It’s even worse, though, to drift towards a cliff-edge. Mrs May needs to make us think she has a plan and the best way to convince us is to have one. The best answer is therefore to accept that half a loaf is better than none.
Mrs May should signal now that Britain will seek a transitional deal, prior to the comprehensive terms on which departure from the EU will be sought. It is entirely possible that Britain could successfully apply to the European Economic Area (EEA), which is an agreement to secure the free movement of goods, services, capital and people between Iceland, Liechtenstein, Norway and the 28 member states of the EU. This would permit us to opt out of those EU laws, such as fisheries policy, which we found burdensome. We would have bought temporary certainty on commercial and social policy. Crucially, we would also have bought time to do a proper negotiation and Mrs May would have the scope to play poker her own quiet way.
This does present trouble politically, though. First, there is the minor problem of explaining to Dr Fox what most people have realised already, which is that his department is defunct. The bigger issue will be explaining that EEA membership includes the free movement of people. The abolition of free movement is the only European topic on which Mrs May has not been inscrutable. There is a risk of being denounced by those zealots who fear a temporary deal will end up being the basis of a permanent settlement. That is still better than landing with a thud in 2019. Mrs May will have to ask the people to take her bona fides on trust. The 2020 general election would then become, in part, a plebiscite on which team is trusted to replace the interim deal with an enduring relationship.
The White Queen has the great advantage of living her life backwards. She is given foresight through the benefit of hindsight. The White Queen screams first and only later pricks her hand on a brooch. Mrs May should be screaming silently to herself right now as she stares into the looking glass. If she wants to avoid the prick she needs a plan she can discuss in public. At the moment she is pulling a fast one which is no cleverer for the fact that she’s doing it so slowly.