The Council could go to the EP "tough" - we'll keep talking to the last minute, and EP has to stomach Provisional Application
There are two problems here.
First, the Council will be playing the UK's brinkmanship game - and the 27 Member States might be wondering what nasties are buried in the Treaty they didn't spot because time was short
Second, Provisional Application possibly opens up the Wallonia problem - i.e. if the EP can have a say after the fact, why can't other parliaments too? We're not sure that dog is going to bark, but it might...
So Provisional Application is only one way forward
You can bet that if there's no text to examine, the EP will escalate this - and demand more time
They will ask for a mini Treaty to get more time for scrutiny, and their rationale would be good - we want to do our job. And other parliaments might back them. Even some MPs
There are dangers here - the EP (or others) could use the extra time to find problems with the Deal, and this could drag and drag and drag
But to adapt a well known phrase, a Delayed Deal would be better than a Bad Deal, and the Council doesn't have much of a line against that
This might eventually boil down to the question: how determined are the Member States in the Council to just get this thing *done* as quickly as possible?
Until we know that, Provisional Application in case of further delay is not a foregone conclusion
I'm trying to reverse engineer 🇬🇧 Government's Brexit negotiation tactics
Let's assume for a moment:
1️⃣ UK Govt wants a Deal in principle
2️⃣ There's no real point where they could *not* concede on the substance
3️⃣ They fear ERG backlash, so want absolute minimum scrutiny
That means they want a Deal agreed *as late as possible*
But what day is that in practical terms?
There is no time period stipulated in House of Commons Standing Order No. 13 that governs recall - so that is not the show stopper publications.parliament.uk/pa/cm201919/cm…
It starts with the deadline for talks that the EP is seeking to impose for the end of Sunday
If that is respected, and a Deal is on the table, ratification can proceed. Timetable is ridiculously tight, but it can just about work...
But what if that deadline is missed?
2/7
The most talked-about route would then be Provisional Application - i.e. get the EP to vote after a Deal has entered into force. But there are numerous problems with that - not least that it prevents the European Parliament doing proper scrutiny.
3/7
I'm here to, errr, help in the only way I can - with a new #BrexitDiagram
End Game V3.0.0
This one reflects current developments in talks in Brussels indicating progress towards a Deal - but the big question is whether that is before after Sunday 20 Dec... and if it's not it gets very messy
Outcomes
Deal all sorted by 31 Dec - 4️⃣0️⃣%
No Deal 1 Jan - 3️⃣9️⃣%
Uncertainty until January - 1️⃣0️⃣%
Deal, ratification Q1 - 9️⃣%
Deal, ratification later - 2️⃣%
Trying to compare these three sites is like comparing 🍎 and 🍊!
They're more professional operations, and I do not earn a cent from my blog. I fear I can't begin to match them for quality or quantity of content.
3/8
Think of it like a narrow ⛰ path in Barnier's home region, Savoie 🇫🇷
Settle down, and let me tell you the story "The path to the Deal"
The path ahead lasts 15 days
At the end of the path lies Deal
Rocks or crevices might block the path, slowing you down
Worse still you could fall off the cliff to No Deal
Or you might run out of time to reach your destination, and need some extra bridge to Deal
The locals call the first part of your path POLITICAL AGREEMENT
It lasts between now and Friday 18 Dec
The rough map is known here - fisheries and level playing field are the bumps on the path. A farmer called Johnson keeps sovereignty rocks onto the path