I've read the speech. @hayward_katy's critique is justified; the Telegraph headline is fair; and the speech is profoundly intellectually dishonest. Let's have a closer look. 1/
2/ First, Lord Frost states that 'we knew that couldn't be achieved without a short run economic cost'. But that is not the basis on which Leave campaign argued its position. Any suggestion of a negative impact of Brexit was dismissed as Project Fear.
3/ Lord Frost argues that 'trade policy [is] not subject to meaningful scrutiny' at EU level. In fact, trade agreements are subject to more parliamentary control by the European Parliament than in the UK Parliament. (The same could be said of some other non-EU countries, too).
4/ Lord Frost falsely suggests that the May government was interested in only 'a simulacrum of leaving'. In fact, the May government was, from an early stage, committed to leaving the single market - and leaving many other EU policies besides.
5/ Lord Frost very, very falsely states that the Northern Ireland protocol was 'imposed on us'. In fact, the UK govt presented it as a negotiating victory, campaigned on it as an 'oven ready deal', and Parliament voted on it.
6/ Stop claiming that a treaty which the government applauded and campaigned for was 'imposed' on it. No, really, just fucking stop already. I will never, never, never accept this lie.
7/ Lord Frost places the blame for a hostile relationship between the UK and EU almost solely at the foot of the EU - with a bit of blame assigned to Remainers. But it's not serious to pretend that there was no hostility coming from the Leave side/the government.
8/ Lord Frost claims that "The EU needs to recognise that the Protocol was always temporary". In fact, Johnson's version of the withdrawal agreement removed all references to it being "temporary".
9/ It's true to say that NI Assembly members will vote on whether to give continued consent to (much of) the Protocol. But it will only end if the assembly members refuse consent. It is not intrinsically temporary.
10/ Lord Frost says "In appeasing Greta Thunberg, we very nearly gave a free pass to Vladimir Putin." What can I say? The level of geopolitical analysis of a pub bore.
11/ As for his threat to relations with the EU, the Telegraph headline actually *understates* it. If his demands are not accepted, he suggests not only to campaign to end the protocol, but also to "rebalance" the later trade deal, to reduce trade relations or terminate the deal.
12/ His suggestions for improving relations (agreement on mobility for musicians etc, more foreign policy cooperation, youth mobility, simplified tourist movement) are, on the other hand, useful.
13/ But these useful suggestions are - as he acknowledges - a *reversal* of the policies which were applied when he was involved with the negotiations. Frankly, this calls his judgement into question.
14/ A reset of relations, with some new ideas on the table, is a good idea. But it's not convincing argued like this: not being truthful about what the Leave campaign/govt has said and done; blaming EU/Remainers wholly for hostility which the Leave campaign/govt has stirred up.
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I'm seeing the suggestion that the awful treatment of P&O employees is "caused by Brexit". First thoughts on this (hard-core employment lawyers, please correct me if I am wrong).
1/
2/ There is an EU law on collective redundancies. It used to exclude seafarers from its scope, but the exclusion was dropped before Brexit.
However it doesn't *ban* mass redundancies - Member States didn't want that much EU harmonisation of their employment law.
3/ Rather the EU law requires consultation and information in advance. Useful but not the same thing as banning redundancies.
And the remedy for breach of the consultation requirements is compensation. The employer's statement appears to concede a breach and offer compensation.
I've extensively rewritten my blog post on temporary protection for people fleeing the invasion of Ukraine, how that the EU has adopted the temporary protection law: eulawanalysis.blogspot.com/2022/02/tempor…
Thread with main points 1/
2/ Who is covered by temporary protection?
These are the core groups fully covered:
3/ A second group of people must be covered either by EU temporary protection or by adequate protection in national law (not further defined)
EU Member States' ministers agree to temporary protection for those fleeing the invasion of Ukraine. For more details see my blog post (pinned tweet). I will update it when the text of the Council decision is available.
It's not officially published yet, but here's the scope of who's covered by the temporary protection decision as agreed by the Council - reduced as compared to the Commission proposal.
Here's the Commission proposal for the sake of comparison
The Attorney General's piece is subtly but profoundly dishonest in its presentation of how EU law is adopted. At no point does she mention that the UK *government* had a vote on the adoption of EU legislation - usually in favour, in some cases with a veto. 1/
2/ Two straight falsehoods here. At least a qualified majority of Member States is necessary in order to pass EU legislation (this falsehood appears twice); and the European Parliament can remove the Commission.
3/ As an answer on an EU law exam, this would fail. For a practicing lawyer, misstatements on this scale might raise questions of competence and/or integrity for professional regulatory bodies.
But this person is the Attorney General of the United Kingdom.