The exchange of letters between Boris Johnson and Donald Tusk doesn’t offer a lot of encouragement for the great majority of us who do want to see a Brexit deal done between London and Brussels. Tusk’s response in particular, came across as rather intransigent, even absurdly claiming that the Prime Minister is seeking a return of a hard border in Ireland.
At times, the whole debate about the Northern Ireland Backstop is reminiscent of that between Pope Leo X and Martin Luther in the years after 1517. Brexit can appear like a debate between two rival sets of theologians. In 1517, the issue was transubstantiation or consubstantiation: did the communion wafer actually become the body of Christ, or was it merely representative of it?
This was a debate which would have been barely familiar to anyone just a few years before. And the sale of indulgences, and the basis of the scriptures and so on all formed part of it, too. At the Diet of Worms in 1521, the debate came to a head between the representatives of the papacy and Emperor Charles V on the one hand, and Luther and his followers on the other.
Four years on, however, what the theologians had missed was that the debate was no longer about narrow points of doctrine, but had come to involve much more fundamental principles like self-determination and popular consent, and a desire to find a solution that all sides could work with.
The current Brexit debate seems like that debate in 1521. Brussels has become entrenched. It is sticking hard and fast to the backstop, stubbornly ignoring the bigger picture. Practical politicians need to give this a fresh look. Unfortunately, the current Commission remains in place until November. A new set of eyes would understand that whatever the merits of the backstop, it simply isn’t going to pass through the Commons. And without the assent of the Commons, there is, by definition, never going to be a Brexit deal. That has been the case since early 2017 – whatever deal was negotiated would have to be agreed by the Commission and Council with the UK Government, and then ratified by the Commons and the European Parliament. All four hurdles need to be crossed. Three isn’t good enough.
So the backstop, like transubstantiation in 1521, might seem esoteric. But Johnson is also right when he describes it as anti-democratic, and therefore, like in 1521, emblematic of wider and more significant issues. He puts it succinctly in his letter to Tusk: “The backstop locks the UK, potentially indefinitely, into an international treaty which will bind us into a customs union and which applies large areas of single market legislation in Northern Ireland. It places a substantial regulatory border, rooted in that treaty, between Northern Ireland and Great Britain. The treaty provides no sovereign means of exiting unilaterally and affords the people of Northern Ireland no influence over the legislation which applies to them. That is why the backstop is anti-democratic.”
And that isn’t his only objection to the backstop. So, if the backstop isn’t going to pass the Commons, and doesn’t any longer have the agreement of the UK Government, it is self-evident that we need to urgently find something that does. This might seem an impossible task with just 72 days to go until Brexit date.
But much of the work has already been done. When Nicky Morgan and I agreed to co-chair the Prosperity UK Alternative Arrangements Commission in April, we knew we would be working with a superb team of technical experts from around the world – experts in borders, customs, logistics, transit and so on – and that we were giving ourselves around 10 weeks to produce a report on how it could all be done.
Fortunately, we knew that both sides wanted to see the work done. In their Strasbourg Declaration (actually, not that far from Worms) in March, both sides had committed themselves to finding alternative arrangements to the Backstop. When we published our 272 page report and draft protocols in July, we therefore thought we ought to be pushing at an open door. We went three times to Northern Ireland, twice to Dublin, and to Brussels, Berlin and The Hague to market the proposals to politicians, the media and other opinion-formers.
Both Johnson and Jeremy Hunt warmly welcomed our report during the recent Conservative leadership campaign. It should therefore not have a been a surprise to Messrs Tusk and Juncker that Alternative Arrangements would form the explicit or implicit basis of a refreshed UK approach on Brexit. The Prime Minister’s letter was, in my opinion, carefully crafted to be both realistic and conciliatory on what could be done, but one thing was clear, that the backstop could not form part of the deal, as it won’t pass the Commons. That is simply a statement of Realpolitik.
So Tusk’s response was disappointing. A Brussels spokesman quoted by the BBC claimed to not know much about Alternative Arrangements at all, asserting that the Prime Minister’s letter “does not set out what any alternative arrangements could be” and there was “no guarantee” they would be ready by the end of the transition period. It is almost as if nobody around Tusk had actually read our report.
Our Commission concluded clearly that Alternative Arrangements can and will work. But they won’t be up and running by October 31st. This is not a “No Deal” blueprint. Quite the opposite: our solution is the only one available which leads to a Brexit solution which will pass all four hurdles. And our proposals do need the (or at least a) transition period. Many of them can be brought in quite quickly. Some like the trusted trader scheme might take 12 – 15 months. We don’t believe anything will take longer than two to three years.
The Brexit solution lies in Alternative Arrangements. It just needs both sides to grasp it. Otherwise, I fear there could be a schism between London and Brussels which might take years, maybe decades to overcome.