There is no obvious rational answer to that question, put like that. But there may be some less obvious (indeed concealed) rational ones.
The first concealed rational answer is that, in a negotiation, you may want to try to force your counterparty to offer better terms by saying that you will walk if you don’t get them.
And you may say that even if, faced with the choice between currently offered terms and walking away, you’d be mad to walk away.
Being mad - or appearing to be so - is sometimes a good negotiating strategy.
If that’s right, the current govt can’t of course admit its rational reason - it has to pretend to be mad in the hope of getting something better. That’s a cheerful thought.
But here is a less cheerful thought. There is an alternative hidden reason why the current government dislikes the proposed EU clause, and would rationally prefer the certainty of huge damage now to the possibility of less damage later.
The problem for the current government is that, in an agreement that allows the EU, at least in some circumstances, to withdraw some benefits of an agreement if divergence occurs, the pressure on the UK government not to diverge will be huge.
Moreover, the current government knows that it is at the extreme end of the Brexit spectrum, based on an inherently fractious coalition, and that any future government is likely to want a closer relationship with the EU.
It cannot be confident that it would resist pressure not to diverge: and it can have no faith in its successors to resist that pressure.
However, now, it has the chance (because it has got a majority prepared to contemplate no deal and because that is just what will happen if it does nothing) to set the country on a path where that temptation to stay close to the EU is taken away.
Note: the prattling about sovereignty is designed to obfuscate what is going on. Both choices - accepting a deal with a ratchet and turning it down - are exercises of sovereignty. And a ratchet does not infringe sovereignty - it just changes what the sovereign is likely to do.
If you move to New York for a while, and then get a good job, you remain entirely free (sovereign) to leave NY: it’s just that your wish to keep the good job (keeping all the FTA’s benefits and all zero tariffs) is likely to mean that you don’t leave (don’t diverge).
The current government wants to diverge (it isn’t quite clear about what, and its coalition will start splitting when it does become clear - but that is what it wants).
So it doesn’t want an agreement that pulls it (and its successors) into non-divergence. Even if the cost of turning that agreement down is on any view enormous and certain compared to the lower and contingent cost imposed if the UK decides to diverge under the agreement.
That point of view is rational, if you think divergence is a goal in itself (I don’t, but I’m not this government).
But it’s a rationale that dare not speak its name, because it looks like (in my view it is) imposing huge and certain disruption/losses now in return for an ideological obsession with divergence from the EU for its own sake (the gains from which are at best speculative).

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More from @GeorgePeretzQC

14 Dec
I’m afraid I think this definition of sovereignty (“freedom to make your own law”) is either useless or incoherent.
Very large numbers of international treaties require the UK to make, or not make, law. The UN Treaty requires us to impose sanctions. The Antarctic Treaty requires us to prohibit unlicensed operators organising tours to Antarctica. GATT restricts our ability to set tariffs.
@SBarrettBar appears to think that such provisions do not infringe his definition of “sovereignty”, but he fails to explain why not.
Read 13 tweets
10 Dec
It doesn’t use the useless word “abusive”. But my point that “the EU in the Joint Committee” doesn’t decide what Article 10 means stands: that is for the Court of Justice, as provided for by Article 12.
As to reference to “hypothetical, presumed, or without a genuine and direct link”: it adds nothing. (Would any court ever hold that a hypothetical, presumed, or non-genuine effect was enough?).
Read 12 tweets
10 Dec
On subsidy control, it’s critical to remember that the EU has accepted that the UK can apply its own subsidy regime not “EU State aid rules”. Since the Tories promised such a regime during the GE, that should be acceptable.
This is a soluble problem. A clause or side letter could record that the EU has no objection to the UK granting aid to compensate businesses for Covid losses or to restart the economy.
Read 9 tweets
9 Dec
The devil is in the detail. But ultimately the UK choice is whether (a) to accept a deal the benefits of which cld be withdrawn if the EU (after arbitration) later decides that divergence has in fact become too great for those benefits to be in its interests any more; or
(b) to refuse a deal, and those benefits, now (and before we have decided what if any divergence we actually want.
It’s a bit like someone who balks at renting a nice house they rather like because there’s a term in the lease that gives the landlord a right reasonably to refuse them having pets, even if they have no pets and aren’t sure whether they ever will.
Read 9 tweets
9 Dec
Important trade policy announcement. The UK will not be maintaining retaliatory tariffs on the US in the Boeing/Airbus dispute.
Note, however, that as explained here, politico.eu/article/uk-scr…, it was not at all clear in WTO law that the UK could take advantage of the WTO ruling authorising the EU to impose those tariffs.
Nor is it clear that there is domestic law power to impose such tariffs: legislation would have been got through by the end of the year.
Read 4 tweets
8 Dec
The legal status of the “clarification” (the word used in the statement) of the meaning of Article 10 of the Protocol (State aid) is unclear.
That is because Article 12 of the Protocol says this.
The 1st sentence of para 4 tells you, for present purposes, that the Commission has all the powers over the UK in relation to Article 10 as it has over Member States under Articles 107-108 TFEU. Powers to find that aid has been granted under Article 10 and to order repayment.
Read 20 tweets

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