So there’s a theory doing the rounds that because Johnson and vdL stepped back from the brink yesterday means a Deal is on...
I’d be *very* careful with this
First, I don’t think they stepped back from the brink. For weeks neither side has wanted publicly to be the one seen to pull the 🔌
Yesterday was the latest example of that
Second, I still maintain that Johnson has not made a decision here. Some days he leans towards Deal, sometimes towards No Deal
He has been stuck for weeks, and still is. He’d ideally just not decide *anything*
Third, while an understanding of the cost of No Deal is increasing, so the short term benefit of Deal is decreasing - as @AnnaJerzewska has pointed out it’s too late for businesses to adjust to what’s in a Deal by 1 Jan now
Fourth, by leaving all this so late the path to ratify EU side becomes really messy. The EP can’t do its scrutiny now, so will extract some concession if provisional ratification is to be needed.
Fifth, a Deal agreed now will have to contain some standstill periods or implementation periods that a Deal agreed a month ago would not have needed - giving ERGers another reason to scream betrayal.
Sixth, the series of deadlines and calls last week helped structure things, even if the deadlines were missed. We do not even have those for the next few days.
In short: I don’t see any fundamental change based on what happened yesterday. Except perhaps that the path to ratify a Deal is now even more messy than it was before.
/ends
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This is perhaps the most complex 🧵 on #Brexit I've ever attempted. But this issue really matters.
Business, possibly even lives, depend on getting this stuff right.
It is about the complexity of Brexit delay, and what to do about it.
1/25
If negotiations had gone to plan, it would have worked thus:
1️⃣ 🇬🇧&🇪🇺 agree a Deal, politically
2️⃣ That is then turned into a legally ratifiable text
3️⃣ Both sides then ratify - on 🇪🇺 side Member States and the EP, 🇬🇧 side the Houses of Parliament
4️⃣ Deal in force 1.1.2021
2/25
The problem: we do not have 1️⃣ yet.
And with just over 16 days to go - including 🌲 - we do not have time for 2️⃣ and 3️⃣ and hence no 4️⃣.
We *might* have time for 2️⃣ - and that could prove to be significant (see tweet 7 below), but definitely not 3️⃣ on 🇪🇺 side.
If there is one aspect of negotiation tactics people think they understand, it's the idea that forcing the timetable increases the chances of an agreement
The tick-tock, tick-tock of the clock forces the sides together
In Brexit it's not so simple
If the topic of negotiation is between two parties, and is binary in nature, a deadline does work
Take for example two football clubs that might (or might not) transfer a player on transfer deadline day - that's why you get a slew of deals at 5 minutes to midnight
The problem is that Brexit - in this phase - is only partially like that
Yes, there is a hard deadline - if there is nothing *ratified* by 31 December, there will be No Deal
Ireland's Taoiseach Martin says publicly that this is the deadline:
I'd not thought I'd need to be asking this, but here we are...
We know the way through to a Deal with no time, EU side (with provisional application, and a vote in the EP in January), but what about UK side?
The assumption has been that primary legislation would be needed, UK side, and this would need 2-3 days of parliamentary time. Could be reduced to 1 if absolutely necessary.
So with 3 days next week that *could* be used, and 3 between Christmas and New Year, 23 Dec is pretty much the latest a Deal could be struck without making a major procedural headache UK side?
I see some well known people - including the 🇬🇧 Foreign Secretary and the BBC's Political Editor - are struggling a bit with their #Brexit terminology today
So here's a terminology guide that is as simple as possible.
1/10
DEAL means there is a piece of paper (or, to be precise, more like 600 pages) that both 🇬🇧 and 🇪🇺 agree and sign, and is OKed by the institutions on both sides, by 31st December.
Were this agreed it would be the basis for 🇬🇧-🇪🇺 relations medium term.
2/10
NO DEAL means there is no piece of paper agreed and signed by 🇬🇧 and 🇪🇺 by 31st December.
Unlike a DEAL, we do not know how long this NO DEAL (or perhaps better NO DEAL PERIOD) would last. Weeks? Months?
There's something personally psychologically weird about this morning
I can - logically - see no way to a Deal by 31 December now
But at the back of my brain a kind of "what if?" keeps nagging at me
It's like what supporting a football team about to be relegated must be like.
You know a result in some other game has to end 17-0 for your team to be saved, and the team that needs to win 17-0 has a waterlogged pitch and its main striker injured...
... but until that result comes in you cannot really, completely and fully process what is happening