This rather silly comment on my letter to the Sunday Times (we aren’t in 2016 any more: move on) is however interesting.
The point of my short letter was simply that all significant trade agreements are about trade-offs: accepting limits on what you can do in return for limiting others’ ability to do things that harm your economy or limit your people’s opportunities.
Talk about “sovereignty” (or, in Lee’s case, erecting the “ever closer union” straw man) is usually designed to hide these trade-offs.
When intelligent people try to hide from a debate, they do it for a reason. Here, it’s because the extreme Brexiters know that (in discussions about our trade relations with the EU) the centre of UK public opinion is in favour of a closer relationship than they want.
In other words, once the debate gets on to trade offs (if we agree this, then these opportunities open up or that restriction in our trade won’t apply) then they start losing.
Better, then, to resist discussion of trade offs and instead keep to the sovereignty mantra (and vapid slogans like “control of our laws and our borders”).

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More from @GeorgePeretzQC

19 Dec
I don’t think that it’s sustainable for the EU to say (if that’s what it is saying) that COVID subsidies *granted by the EU* don’t fall under the subsidy control provisions of the UK FTA while equivalent UK subsidies do.
I don’t follow the “it would require a change in the Treaties” line: the EU is competent to enter into trade agreements that impose international obligations on it not to exercise Treaty powers in certain ways. Eg GATT.
Nor do I understand the “we can’t allow the UK to block us” line. All that is being proposed is that the UK could impose tariffs (subject to any arbitration/conciliation) mechanism if it objects to what the EU is doing.
Read 7 tweets
16 Dec
One question that arises from this: should Attorneys General do court advocacy at all?
As @BarristerSecret points out, the current Attorney General’s outing on this occasion does not appear to have been an unmixed triumph of advocacy.
About 100 years ago, Attorneys General frequently appeared in big criminal trials - and was obliged to prosecute all poisoning cases personally. He (always he, of course) would also represent the government in important civil cases.
Read 15 tweets
14 Dec
Brit Farm: an allegory.
Brit Farm is an organic family farm. Family members hold all the shares in Brit Farm Ltd (BFL) which holds the farm as a secure tenancy from EuroCollective Ltd (EC). EC is jointly owned by a collective of 28 organic farms, all of which are tenants with EC as the freeholder.
Like all the farms, BFL has the right to buy the freehold and leave the EC collective.
Read 24 tweets
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
11 Dec
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.
Read 16 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

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