They all matter, and what happens when, is going to shape the outcome
A 🧵 to explain it all...
1/15
Midnight CET night of Thursday 31 December into 1 January is the hard deadline - that is when the Brexit transition period ends
The central question: when that Deadline passes, does 🇬🇧 have a trade deal with 🇪🇺 or not?
2/15
Some politicians and commentators have stated that negotiations can continue right up until the last second.
That might happen, but is not going to stop No Deal - because some things *other than* rounds of talks have to happen for No Deal to be avoided
3/15
That is why there have been two pre-deadlines - one end of Sunday 20 December (that passed), and the second one end of Sunday 23 December (to come)
4/15
End of Sunday 20 December was the deadline set by the European Parliament - it said that any Deal struck after that cannot be ratified by the EP in 2020, but only in 2021
The EP stuck to its word, but there were ways forward nevertheless...
5/15
The way around that deadline was Provisional Application - for the 27 🇪🇺 Member States, and 🇬🇧, to let the Deal enter into force, but leave the ratification from the European Parliament until some time in 2021
The EP doesn't like this solution much, but no MEP ruled it out
6/15
But that route - a Deal concluded by 31 December, using Provisional Ratification - expires at the end of Wednesday 23 December
This is because 3 other things have to happen before a Deal can be completely finalised
- text has to be legally scrubbed (checked in other words)
- some countries' parliaments might need to meet to give leaders the go ahead to sign
- 🇬🇧 Commons, Lords need to pass a Bill
8/15
We assume most of the scrubbing has been done already, but the outstanding parts can still take a day or two
How parliaments are involved is messy, but the assumption is at least 🇩🇰🇫🇮🇳🇱🇸🇪 leaders would have to ask their Parliaments
Commons & Lords could sit 30 Dec
9/15
That is why the EU side sees end of the day 23 December as so important - push it any further, and you cannot conclude all the steps by the end of the year
(I assume negotiators are also allowed a day or two off)
10/15
That then means that - even if talks continue beyond tomorrow evening - there will likely *not* be a Deal in place for the start of 1 January
In other words, 🇬🇧 will face a period of No Deal
11/15
Other ideas have been floated to solve this problem - extending the transition period is probably legally not possible. A mini Treaty of some sort might be possible, but would need the UK Government to ask for it... and can you see Johnson going for that? Me neither
12/15
However be aware that if by the end of 23 Dec nothing is agreed, we will *not* see both sides saying it will be No Deal
Neither side wants to pull the 🔌 on talks - so expect plenty of "we will keep trying" rhetoric
13/15
Missing the Sunday 20 Dec deadline made everything a bit harder
Missing the Wednesday 23 Dec deadline will make things very, very hard indeed, and might leave No Deal (for a period) as the most likely outcome
14/15
And what chance everything will be done by the end of 23 December?
It looks like a 🌛🚀 to me. Yes, differences are apparently narrowing a bit on 🎣, but probably not enough or fast enough. And LPF isn't fully solved either...
I'm nervous
15/15
(sod, error here - Wednesday 23 December!)
AGGH, error in tweet 4 - should read Wednesday 23 December!
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It was most clear today when Peston asked Johnson a semi complicated question - and then Johnson went off on a circuitous and plain strange answer you were just waiting for it to stop because it was too painful
2/11
"He's just a bullshitter" you might say
But I am not sure. Today I had the feeling he did not even understand what he was being asked
There is an emptiness to this version of Johnson that I find hard to fathom
I think there is nothing more I can contribute now
When Brexit matters have been uncertain I have tried to map what happens next
But now we know what the next steps are
It's odds-on a text will emerge. The Council will approve it by written procedure (🇫🇮🇳🇱 Parliaments might need to mandate their Prime Ministers to OK it, but they will)
On 🇬🇧 side the Commons and Lords will meet 30 December to approve a Bill implementing it
There'll be some gnashing of teeth, and complains about P. 427 sub para 4(b), but they'll approve it
Starmer will likely whip to vote For it, and a couple of front benchers might resign
If - as we now think - a Deal is to be announced at press conferences in an hour, a few thoughts
🧵
First, this was NOT always inevitable. There have been times when it looked like progress was impossible.
Second, this isn’t the “EU conceding at the last minute because that’s what they do” - because the EU hasn’t conceded. The outcome looks to be v close to EU’s opening offer.
The most likely “path to a Deal”, 22 Dec, 0830:
- Barnier+Frost agree a Deal by end of 23 Dec
- EP stomachs Provisional Application
- 🇫🇮🇩🇰🇳🇱 Parliaments give their ok to Govts to agree Deal
- Commons+Lords have 30 Dec to vote on a Bill to implement
- No Deal period avoided
NOTE: this isn’t a prediction. It’s instead answering this question: if there is to be a Deal, what’s the easiest way to get there? I’ll do this each morning from now on, until we know the answer.
Also note: we *think* it's the EU Committee of 🇩🇰 Parliament, Grand Committee of 🇫🇮 Parliament, and maybe even the plenary in 🇳🇱 that'd be needed - I've been trying to work this out, but have made little headway so far...
You like a dashing last minute number? Forget about (European) parliamentary sovereignty and get it over the line by 31 December. And kiss Wallonia under the mistletoe!
🎉🎁🎉🎁🎉🎁🎉🎁
OPTION 2: MINI TREATY
🎄🥳🎄🥳🎄🥳🎄🥳
Buy yourself some time with this unreliable number. It needs unanimous agreement from the EU-27, *and* the agreement of the Commons and Lords. Everyone will groan about it, but the pain will pass. Until the next deadline.