This belief has roots in mythology of WA/TCA negotiations, where Johnson Ian view that his erratic behaviour got former through hostile Parliament with some big wins on Protocol
2/
A cursory look at the various versions of that Protocol will show this wasn't actually the case, but the mythology has stuck
3/
Ditto the running down of the clock in the TCA last year was presented as a fine gambit to move EU positions, even though it didn't
If you've not yet read Barnier's diary, now might be a good time to: issue was always much more UK not having a position
4/
So to the present. HMG/Frost view is still only extreme pressure gets results, as EU would a bad deal than no deal
This is absolutely not the case, as we'll see
5/
Through this year, UK has used specific, narrow points to keep things unsettled
Sausages was never the real issue, but rather avoiding a 'normal' operation of Protocol
6/
Look at the summer's Command Paper, which spoke of numerous issues, but didn't offer a comprehensive alternative plan (mainly because there isn't one that's acceptable to both sides)
7/
This coming week's COM proposals are an attempt to try to close this down, by making a big offer to accommodate UK problems:
- in as fast as they were specifically set out;
- within legal constraints of both EU law and WA/TCA obligations
These 2 conditions matter
8/
EU is very aware of dangers in all this, so it's keeping the agenda as narrow as possible. That also minimise number of issues COM has to get member state buy-in on too
9/
But it's 2nd point that really matters
EU view is that UK has signed up to treaties, pacta sunt servanda, so UK will have to comply with these, one way or another
EU feels no obligation to re-open text, even as it wants to make text practical
10/
So basic problem is now that if UK has bought its own rhetoric, then it risks overstepping its actions (e.g. triggering Art.16) and it will suffer the (very much bigger than expected) consequences
11/
The worst of it is that I doubt HMG doesn't know all of this, but has painted itself into a corner
COM proposal is a [mixed metaphor alert!] ladder to let it climb down, so why not take it?
/end
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Let's think a bit about Frost's speech today and the use of threats in negotiation
1/
To be clear, this is negotiation, given that there is a live process of interaction between EU and UK, both on the narrow issue of making the Protocol work and more generally on the overall relationship
2/
Threats in negotiation are simply the mirror of promises: things that might be in the future, depending on whether the other side do or don't do the thing you want
3/
Remember that Art.16 is designed to deal with temporary situations, so it can't be a permanent tool (we'll leave the review and cross-linkage aspects for now), so essentially UK can use it only 2 purposes:
- easing pressure on NI
- raising pressure on EU to renegotiate
2/
On easing pressure,l on NI, the only limit to disapplication of Protocol is that which is under UK control (ie can't stop EU doing what they do)
That means - at most - full disapplication w/in NI/rUK
3/
Thought I'd check how much COM Presidents have actually talked about Brexit in #SOTEU, following VdL's complete silence yesterday
1/
Yes, this is the first #SOTEU that has unambiguously avoided the topic since 2013 (note, no speeches in 2014 or 2019), but 2016 also made no direct reference (although certainly can read entire content that year as repost to #EURef)
2/
2015 was easily the longest absolute text, reaffirming value of UK membership
2017 was very passing
2018 & 20 were about need to conclude negotiations
3/
tl;dr the UK isn't credibly able to pursue this option, but that doesn't seem to stop its periodic reappearance
2/
Today's variant is essentially the same, but instead of you being the madman, someone else is, and you're trying to use that to leverage concessions from your counterpart
3/
So #UACES2021 is a wrap. Another excellent demonstration of the strength of European Studies and convening power of @UACES (plus of what a lovely bunch of people you all are)
Huge thanks to UACES office for their hard work to make this all happen, @emlinne, Melina & Emma
1/
The end of #UACES2021 also means I take up my role as @UACES Chair. @NicholasStartin has been a model of leadership and collegiality during an even-more-than-expected period of disruption and I hope to build on his many good works
2/
.@UACES has always been my 'home' association and it's always been a place of support and encouragement and I look forward to making sure that continues for all our members, alongside my fellow officers @JocelynMawdsley@DrKathrynSimps@RGuerrina
3/
I'm going to go through this once again, today mainly because 'we didn't realise how the Northern Ireland Protocol would work in practice' is no grounds for trying to get out of your treaty commitments