In thinking about what Labour’s policy should be on that there are two sorts of uncertainty. One is uncertainty about where the country will be - and where the public mood will be - in 2 or 3 years time.
That is, to an extent, fair enough: provided it doesn’t stop Labour from trying to shape that mood rather than simply responding to it.
The other uncertainty is what the EU will be open to negotiating. That is critical, as it is going to be a key part of Labour’s offer in 23/24 that (unlike the current government) it won’t make promises it can’t honour.
That uncertainty is real: it is entirely unclear what the EU would be prepared to look at on issues such as mobility, SPS arrangements, smoothing out customs and regulatory checks at the border.
And, understandably, the EU has other priorities than giving thought to the possibility of a different U.K. government in 2-3 years time.
But it is worth some work on the EU side - and worth some discussion, at least informally, with Labour and other opposition parties.
At some point the U.K. pendulum is likely to swing towards a more realistic relationship with the EU. And the EU needs to work out how it deals with a close neighbour at roughly the same economic level.
For example, are generous mobility provisions allowing free travel, study and residence but some restrictions on working and receipt of benefits acceptable? Would it be acceptable for the U.K. to “hook in” to the EFTA Court for some types of dispute resolution?
(Those are only examples: plenty more issues.)
It seems to me that a key task for Labour, and for those in the EU who see a real EU interest in establishing a better and stable relationship with its large, close, neighbour, to open lines of communication and to think through what could, realistically, be ways forward.
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Those who call for “triggering Article 16” need first to understand the Article and its limitations. On its own, it’s not a call that makes much sense.
In particular, they need to understand that Art16 is not a simple “trigger” that can be pulled at will along the lines of Article 50 TEU. Nor does it have any general effect on the UK’s obligations under the Protocol (again, unlike Art 50).
Rather, Article 16 is a basis for particular targeted measures that are “strictly necessary”, including in scope and duration, (not just “expedient”) to deal with serious disturbances or trade diversion. They must be the minimum necessary to deal with the issue.
“Free movement of people” is a creation of EU law: part of the single market. It only has meaning as part of the EU or EEA.
But plenty of neighbouring states have agreements allowing wide mobility outside that EU law framework. Very close to home: Ireland and the U.K. Further away: Australia and NZ. And other examples of states allowing wide mobility between them.
It’s a really good piece by @dsmitheconomics - and raises the question of whether we now need a department charged with labour force issues: what used to be (until the 90s) the Department of Employment.
My answer would be “yes”: and also to take immigration policy away from the “just say no” culture of the Home Office and give it to the revived department.
(Immigration obviously raises wider issues than just labour force ones. But it is a key part of any rational labour force strategy. And you are likely to get a saner and more humane policy if you start with a labour force perspective than a “keep foreigners out” one.
Not really a thread - and haven’t checked the detailed statements: but Schedule 3 to the Competition Act 1998 contains appropriate powers. legislation.gov.uk/ukpga/1998/41/…
NB too though that Brexit offers scope for tidying up often bizarre rules on food (biscuits/cake; crisps made from potato) without extending VAT to more food (something chancellors have been reluctant to do).
All though complicated by the NI Protocol, where the VAT directive still partly holds: change GB rules and the Irish Sea barrier gets that little bit higher.