Michael Dougan Profile picture
Dec 30, 2020 15 tweets 3 min read Read on X
After my first reading of the draft EU-UK trade and cooperation agreement, here is a short thread with some initial thoughts:
1) this is a massive and complex document, covering very diverse & highly specialist fields. No single person could ever plausibly claim properly to master/understand it. So I’ve focused on my own (“big picture”) interests. Not, eg the (in fact marginal) details of fishing quotas
2) Let’s start with how draft treaty is being framed by UK Gov & client press. They compare it to “no deal” & thus treat it as some sort of triumph. Well: even on own terms, that is far from accurate: for many sectors, draft treaty is barely better than no deal at all
3) But of course: such UK Gov framing of draft treaty = entirely if sadly typically misleading. Real comparison should be draft treaty versus what UK already enjoyed for 45 years as a Member State of the EU. And judged by that benchmark: Johnson’s proposed deal is truly pathetic
4) Draft treaty gives UK nothing it didn't already enjoy, in relations with EU, as a Member State in its own right. Eg Johnson boasts about “zero tariffs and zero quotas” – even though we had that already for decades and Brexit simply risked throwing even those basic things away
5) More important than slim pickings offered by draft treaty = what it doesn’t cover & therefore what will be definitively lost. In that regard: some media attention, e.g. about UK deliberately turning back on Erasmus & (equally bizarrely) on structured foreign policy cooperation
6) But the losses go much, much further: eg no more free movement of goods (tariffs & quotas being only the most obvious & easiest trade barriers); no more free movement for services (indeed hardly anything at all for most sectors); almost total loss of movement rights for people
7) So: all this draft treaty offers is a few scraps from the table of what we previously enjoyed as full members of the club. Otherwise: Brexit takes away vast numbers of our rights, freedoms, benefits and opportunities; to be replaced by new barriers, costs, closures and losses
8) That damning analysis is reinforced by basic legal structures of draft treaty. Within the EU, rules & obligations = concrete rights for individuals & businesses that we can assert & enforce for ourselves. Our legal freedoms & protections are vested directly in us as citizens
9) By contrast: under draft treaty, even such meagre rules & obligations as will exist = only between EU & UK as international actors. We, individuals & businesses who are actually meant to live with those rules, can claim / enforce nothing for ourselves from / under this treaty.
10) So not only is Brexit the modern world's biggest exercise in cross-border economic & security segregation. It’s an equally serious legal disenfranchisement of the citizen – effectively stripped of myriad legal protections, right across Europe as well as within UK itself
11) And all of that is besides long term damage to UK’s leadership in Europe/influence across rest of world; UK reputation as trustworthy international actor; UK internal cohesion thanks to shocking treatment of Scotland & Wales – none of which this draft treaty even touches upon
12) What benefits do Brexitists offer as compensation for so much damage? “Sovereignty”. Something they had never lost in first place. & which in reality means: freedom to diverge [ie deregulate social standards] & strike trade deals with US [from position of relative weakness]
13) In any case: even most fanatical Brexit loon can’t believe we’ll ever forgive their cruelty to EU & UK migrant citizens, indifference to stability in NI, contempt for basic values of honesty/integrity, debasement of UK democracy – again, none of which draft treaty can repair
14) Johnson might think he "settled" UK's place in Europe “once & for all”. Starmer might be happy to play along. Those of us with principles & backbone think otherwise. As Brexitists lie in bed at night let’s make sure they're plagued by a little voice: “we’ll rejoin one day...”

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More from @mdouganlpool

Mar 3, 2023
It's bemusing that those Brexitists who spent years shouting loudest "you lost, get over it" are now the ones who appear least able to accept the consequences of their own actions. Less funny? The indelible stains that their lie-to-victory tactics leave on UK public life, eg...
... today alone we read that Sunak Government promises DUP new legislation whose sole apparent aim = to confirm the existence of an objectively verifiable and incontrovertible fact: that NI is part of the UK. Parliament's job is now to tell us "earth revolves around sun"?! And...
... even respectable media outlets offering credibility to bizarre Johnson-led conspiracy theory about how someone now changing their job has the automatic effect of also retroactively changing their past behaviour. Brexit Britain really does lead the world in scientific marvels!
Read 4 tweets
Feb 28, 2023
Having read the various elements of the “Windsor Framework” (the title may be designed to appeal to unionists, but it is actively alienating for nationalists)... here is a short thread summarising my second impressions:
1) recall main pillars of existing Protocol: NI follows certain EU rules on goods= avoids hard border with IRL + gets privileged Single Market access; but UK accepts degree of internal separation between NI-GB; & EU accepts part of its external frontier is in hands of 3rd country
2) against that background, new deal = complex package of diverse measures: amendments to Protocol, changes to decisions taken under Protocol, changes to EU & UK legislation, joint recommendations & declarations, unilateral declarations & commitments etc… Not easy to navigate!
Read 19 tweets
Feb 27, 2023
Reading parallel documents on new Protocol deal published by UK Gov & by Commission = sometimes hard to believe they're talking about same thing. Partly because Tories can't resist usual propaganda (evil EU red tape, great Brexit freedoms, blah blah blah). But first impression?
May not be such a radical transformation as UK Gov claims. But certainly very significant changes here. Yes, many Protocol fundamentals remain intact. But both sides have reinforced compromises required to prevent hard IRL/NI border while also protecting EU & UK internal markets.
Exemplified by green/red lane system: much simplified movement of GB goods into NI if pose no risk to Single Market; but subject to multiple conditions & promise of robust enforcement. Adjustment of original compromise, rather than rewriting of entire system, but still major deal
Read 5 tweets
Feb 27, 2023
Protocol deal sounds very interesting, but full significance depends on draft legal texts. Eg "Stormont Break": will it apply to all future changes to EU law inc to acts already listed in Protocol; or is veto only for future changes to EU law within scope, but not listed as such?
After all, eg if "Stormont Break" only applies to future EU measures relevant to, but not already listed in, Protocol, Art 13 already foresees need for EU & UK to agree on application to NI / deal with consequences if not. So new deal creates *internal* UK process to decide that.
In that case: "Stormont Break" wouldn't affect existing Protocol system whereby future changes to any EU rules that is already listed in text will automatically apply to NI - without intervention of UK, central or devolved, other than Assembly's overall power to reject Protocol.
Read 6 tweets
Feb 20, 2023
It's tedious having to repeat ourselves every time Protocol on IRL/NI hits UK headlines (so many past threads...) but bottomless pit of Brexit dishonesty & incompetence makes the task unavoidable.

So... a few simple bullet points, reminding us how to refute common ERG/DUP lies:
1) Brexit means borders. Inherent and inescapable. And after all, borders are what the Brexitists wanted. But in the case of NI, that border cannot be across land with IRL. So it has to be across sea with GB. Only question is: how visible and cumbersome will that sea border be?
2) If UK had chosen "soft Brexit" (continued membership of customs union and single market) the NI/GB border could have been minimal. But ERG/DUP supported "hard Brexit" = extreme dislocation between EU and UK. Which inevitably meant NI/GB border needs to be far more complicated.
Read 15 tweets
Feb 20, 2023
Among the reasons ERG / DUP extremists have manufactured to scupper Protocol, their hatred of the European Court of Justice is perhaps the weirdest.

Here is a summary of the actual law - so that when we get further details of any EU-UK deal, you can sift fact from propaganda:
1) Withdrawal Agreement, including for Protocol, uses standard international dispute settlement: political negotiations between EU & UK; if those fail, EU or UK can go to arbitration panel. But if dispute involves interpretation of EU law, panel must seek guidance from ECJ
2) That is a constitutional requirement imposed by EU law: only the ECJ can interpret EU law in a way that becomes binding on the EU itself. Hardly a surprise: EU law belongs to the EU! And not unique to the Brexit treaty: it applies in other EU agreements with non-EU states too
Read 16 tweets

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