Seasons’ greetings!
It is a beautiful coincidence that the most meaningful Brexit development since the referendum happens in the run up of our festive season. Nearly two weeks ago, 14 December, the European Council agreed that there had been enough progress on the issues of the British financial liabilities to the EU, the rights of the EU citizens living in the UK and the future of the Irish border, to allow the Brexit talks to move to their second phase, the one that will define the long-term trading relationship between the UK and the EU after 2019.
Our Brexit columnists have been extremely inspired by the recent burst of activity and their writings covered all aspects of the festive season: the stage performances of the protagonists, the praises and carols of the deal itself and finally some sober thoughts on what is likely to follow. For each of these three threads our newspapers offered very telling insights. This is why, in the next three posts of Brexit In A Bottle we will cover each of them in turn. Let’s start with the acts that led to the deal itself.
The Pantomimes
Everybody agrees that there has been quite a bit of action in the two weeks that preceded the “deal”. Epithets ranged from “melodrama” (Christopher Booker, the Telegraph), to “Brexitshambles” (Jonathan Freedland, the Guardian) or “blusters and theatrics” (Owen Jones, the Guardian) and “absurd pantomime” (Janet Daley, the Telegraph). Indeed even by usual EU talks’ standards, these unfolded in many unexpected ways. Here is a brief summary to the mains events.
It all started 10 November. After another round of fruitless negotiations between David Davis and Michel Barnier, the EU sends what many saw as an ultimatum to the UK side: without significant movements in British negotiating position in the following two weeks the Commission will recommend to the European Council of 14 December that Brexit talks cannot move to their second phase meant to cover the long-term trade arrangements between the UK and the EU.
For the following ten days, unofficial negotiations are progressing and, surprisingly this time, seem to advance according to plan. On the 23rd of November, the broad terms of the financial settlement and of the rights of the EU citizens are agreed. Optimistically Theresa May suggests to Jean-Claude Juncker that they meet in Brussels on December 4 to finalise and announce to the press the whole package. Then bursts the issue of the Irish border to the centre stage.
Friday 22nd, Theresa May and the Irish premier, Leo Varadkar, meet informally in Gothenburg, Sweden. Mr Varadkar is irritated by the lack of involvement of his government in the talks and makes it clear that Ireland would veto any deal that doesn’t propose credible solutions to the Irish border. Quickly talks become trilateral (the Commission and the UK and Irish governments). On the 30th, to ensure the absence of physical border after Brexit, a compromise wording, proposing « no regulatory divergence » between the Republic of Ireland and Northern Ireland, is agreed by the negotiating teams in Brussels but rejected by Theresa May. Negotiations continues over the weekend and a new compromise emerges on Sunday the 3rd. It proposes « full regulatory alignment ». All is now set for Theresa May and Jean-Claude Juncker to hold, the next day, the joint press conference they had planned two weeks before earlier.
Early that morning and just before Theresa May boards her plane to Belgium, the Northern Irish Unionists of the DUP are informed of the wording the agreement (apparently through leaks by Irish media). Their initial reaction is unequivocally negative as they see it as putting Northern Ireland in a different regulatory framework as the rest of the UK. Nevertheless Theresa May decides to take her plan and fly to Brussels. Just when she finishes her lunch, the DUP leader, Arlene Forster, decides to go public and issues a statement both rejecting the deal and threatening to end their support to government. Without these 11 DUP MPs, the Conservatives lose their majority in the Commons. Theresa May has no other choice than back down in front of both the press and the Commission and fly back to London empty-handed.
Follow four days of intense talks this time between the British government and the DUP. On Thursday the 7th of December, the British government proposes that ‘full alignment’ will apply to whole of the UK and agrees that it will persist ‘in the absence of any agreed solutions’ that is, as long all parties agree with another arrangement. These terms are put to the Cabinet and are endorsed even by its most eurosceptic members. They are also put to the DUP who refuses to formally either endorse or reject it.
In the morning of the following and for the second time in the same week Theresa May board her plane to Brussels to present the terms to the deal without explicit support from her coalition partners.
This time the Unionists hold fire and the joint press conference with Jean-Claude Juncker proceeds as planned. Over the weekend, prominent Conservatives eurosceptics publicly confirm their support to the agreement and the Commission formally recommends it to the European Council. On Thursday, the 14th, the Council formally approves it and uncharacteristically offers Theresa May a round of applause for her efforts.
The critics’ verdicts
Railing about Brussels’ drama has been a constant in the eurosceptic press. Yet this time very few columnists blames the Commission for this rollercoaster. The most noticeable one has been Janet Daley of the Telegraph (After a week of preposterous grandstanding and melodrama, now the Brexit fun really begins, 9 December). “We don’t need to retrace the steps of what looked like a tragedy until it turned into a farce. Suffice to say that the head office of the pantomime horse was occupied by our old friends on the European Commission and the rear end was filled Mr Varadka”. Yes, the U.K. government has sometimes be casual in its dealing of Irish sensitivities but it shouldn’t have entertained “the Brussels game of ritual mortification which must be visited upon Britain.(…) This is not a negotiation, it is a hostage crisis, in which payment (in both cash and abnegation) must be agreed before the terms of release can even be discussed”.
The Telegraph’s Brexit editor, Asa Bennett (European leaders are holding Theresa May close in the hope she doesn’t walk away, 15 December) also senses Brussels’ theatrical taste. “Out of respect to their desire to show ‘unity’ against Britain, (European Leaders) have carefully choreographed their behaviour. That has been clear at recent summits such as when Mrs May suddenly had Emmanuel Macron and Angela Merkel up alongside in front of the cameras. Such scenes do not happen in Brussels by accident.”
Nevertheless to all other Brexit commentators, including the most unsympathetic to ‘Brussels’, the first week of December simply laid bare the weaknesses of the British positions. The Telegraph’ staunchly eurosceptic Charles Moore, illustrates this vulnerability more colourfully “Mr Barnier is like the crocodile in Peter Pan. He has just swallowed Britain’s hand and liked the taste”. Camilla Cavendish in the Financial Times (A second referendum is in the Tory party’s interests, 9 December) points to lack of leverage “Brexit is looking more and more like a poker game in which one side holds most of the cards, and the other has given up bluffing”.
James Forsyth in the Spectator points towards a lack of bandwidth against a much better resourced side. How could the government agreed terms with both the Commission and the Irish government without even consulting the Northern Ireland Unionists? “The answer starts in No. 10, that is hopelessly understaffed at a time when the demands on it has never been greater”.
But as most of Guardian’s columnists insist there was also serious lacks of judgement and character. Owen Jones combines both (The Tories’ pointless theatrics wasted months. Now the hard part, 8 December) and concludes that after 18 months, ‘Brexit means Brexit’, ‘red, white and blue Brexit’ and ‘no deal is better than a bad deal’ have filled the front pages but yielded close to nothing.
This is where form and substance finally meet, this is also where the Brexit usual fault lines reappears. One and half year after the referendum, a written document has finally emerged and has been endorsed by the key parties to the Brexit process. Behind the twists and the drama what does this text approved by actually means to the various protagonists? Many, many different things to many, many different writers and these will be the focus of next week post.