EU Referendum: procurement - a WTO agreement


On the Vote Leave grid yesterday was another of those "bent-banana" style of shock-horror-probe "revelations", concerning the cost of EU laws, this time "foolish" EU procurement rules, obligingly given space by the Guardian and the BBC.

The rules are something of an obsession of Dominic Cummings and he has been keen to see them in the frame. Thus, Vote Leave is telling us that they are costing UK taxpayers of £1.6 billion a year - which, of course, could be better spent on "new hospitals and flood defences".

The claims are published online, referring to Directive 2014/24/EU, approved after a 2011 White Paper COM(2011) 896 final. The current Directive, which came into force on 18 April, builds on the experience of the 2004 Directive, simplifying and redefining procedures to make them more user-friendly.

The cost is supposedly based on a 2011 study for the European Commission, which is said to have estimated the cost of (EU) procurement legislation at 0.7 percent of the total value of spending on procurement in the UK.

There are, in fact, several studies in 2011, but Vote Leave links to this one from PWC. Interestingly, this does not offer a 0.7 percent figure as an increased cost. What it does tell us is that the (average) cost of public procurement in Europe is estimated at about 1.4 percent of purchasing volume and that the total UK cost is 0.7 percent (see figure 2.15).

Crucially - and a point missed entirely by Vote Leave - the report warns that these costs are not fully attributable to the procurement directives. "All costs are captured whether or not they are direct results of obligations from the directives. Procurement costs include business as usual costs that would be incurred even in a world with no EU-wide procurement legislation", it says.

This much we have no problem in understanding. With or without EU intervention, public procurement always carries a cost. UK defence procurement, for instance, costs £1.3 billion annually (around four percent of the budget), where EU involvement is minimal.

However, there was another 2011 report - this one - which refers to yet another report, this one by Europe Economics. In this you will also find a reference to a 0.7 percent cost (as an EU-wide figure), representing an EU-wide increase attributable to the procurement Directives. But it also states that overall the administrative costs for awarding authorities have gone up by 20-40 percent (on average by 35 percent). The would only put the overall UK cost increase, as a percentage of spending at 0.25 percent, as opposed to the 0.7 that Vote Leave claims.

Furthermore, there is also an interesting conclusion that is not mentioned by Vote Leave. As a result of the tendering process, this report says, overall prices of goods and services purchased were 2.5 percent lower than they would otherwise have been. If this is representative of the UK situation, the Directives would actually deliver net annual savings of about £4 billion to the UK taxpayer. These could actually be higher, as Commission modelling in 2009 indicated that savings of 5.5 percent were possible (see p.147).

Cost issues are is further elaborated by another Commission report, which stated (p.19):
The total cost to society of procuring the goods and services covered by the Directives is estimated at around €5.26 billion per year (for the EEA-30 in 2009), which is less than 1.3% of the value of invitations to tender published (by the EU-27) in the same period (i.e. €420 billion). This estimate covers the whole cost incurred during the entire procurement process i.e. from the pre-award phase, through the preparation of offers by all participating bidders, the selection of a successful bidder, and including any costs of litigation. Much of this cost would be incurred whether the Directives were in place or not.

As a result, this global figure would not reduce to zero if the Directives were repealed. Procurement carried out below EU thresholds, as well as private procurement, has associated costs. In fact, the additional cost imposed by provisions of the Directives is likely to be relatively limited, as has been pointed out in an earlier evaluation of the public procurement Directives carried out in 2006. That evaluation put the additional cost of the compliance with the EU Directives compared to national/below-threshold procurement at 0.2% of total contract value for public purchasers, and a further 0.2% for suppliers – or approximately €1.68 billion in 2009.
This much emerges from a proper evaluation of available data - leaving us with a scenario where Vote Leave substantially exaggerates the cost of the Directive and ignores the benefits. But it wasn't just this work that brought me into the fray. For some days, I had already been working on an article about public procurement, specifically to reassure readers that the Directives would not be affected by Brexit.

The point here is that the opening up of public procurement is seen as advantageous to a considerable section of British business – and is a vital step if we are to build on our knowledge economy and develop service industries internationally. It is also considered an important way of increasing the efficiency of public spending.

Crucially, though - and this was what caught my interest - opening up public procurement does not stem primarily from the EU. It relies on the WTO 1994 Agreement on Government Procurement, which is reckoned to have opened up procurement activities worth an estimated US$ 1.7 trillion annually to international competition. It was this that led to an EU White Paper in 1996, and has driven progress ever since.

Interestingly the Agreement has not only been behind intra-Community legislation but also an agreement with Switzerland, liberalising respective public procurement markets, and with the United States. It has also filtered into third country deals.

Such is the importance of this market liberalisation that we saw recently an article in the trade magazine Supply Chain, dealing with the potential effects of Brexit on public sector procurement. Fortunately, in a refreshing change from the usual FUD, the author reassured readers that UK legislation had been put in place to deliver the benefits of the EU Directives, and "would continue to have an effect".

In the article, the belief was expressed that the Government was unlikely to reverse EU based procurement laws, which had "firm principles aimed at transparency, equal treatment, open competition, and sound procedural management".

And indeed that is likely to be the case, and specifically because this is another example of the UK implementing via the EU an international agreement that would remain in force even after the UK has left the EU.

Given the apparent advantages of the Agreement, and its potential, it would appear that the very last thing a "leave" campaign needs to be doing is claiming that the procurement Directives (or their UK implementing legislation) will be abolished.

One wonders why, then, that the two most enthusiastic media publishers of the Vote Leave claims have been the BBC and the Guardian, giving chief executive, Matthew Elliott the opportunity to tell us: "Pernicious interference from Brussels not only stifles business, it makes government more bureaucratic and less responsive".

Perhaps, before this totally undermines the reassurances in Supply Chain, someone will tell Elliott that this "pernicious interference" is actually implementing a WTO agreement, and is saving us money – with the prospect of creating more business for UK Plc.

Richard North 27/05/2016 link

EU Referendum: in the absence of a plan


The whole point of having an exit plan was to pre-empt attempts by the government to project leaving the EU as a risky option. Crucially, we had to get in first, demonstrating to people that the exit could be ordered and safe, with no significant economic impact.

This is exactly what Flexcit did, and it was freely offered to Dominic Cummings for use by Vote Leave, precisely to head off the scaremongering (FUD) which we knew was to come. Yet, as we all know, Cummings didn't even have the courtesy to respond to me.

And now we have, exactly as we predicted three years ago, a reliance on FUD, with the government cynically exploiting concerns about the economy, exactly as we predicted in July 2014, when we warned of the need to pre-empt it.

With those warnings unheeded, the official "leave" campaign has paved the way for today's Treasury analysis which, accompanied by a lurid graphic (above), tells us:
A vote to leave would cause a profound economic shock creating instability and uncertainty which would be compounded by the complex and interdependent negotiations that would follow. The central conclusion of the analysis is that the effect of this profound shock would be to push the UK into recession and lead to a sharp rise in unemployment.
Two scenarios have been modelled to provide analysis of the adverse impact on the economy. These deliver a "shock" to the economy or a "severe shock". You can take your pick, but what you cannot do is pick the Flexcit scenario. Even Ed Conway of Sky News notices its absence.

But then the Treasury's game is to capitalise on the uncertainty which would necessarily follow from any of the post-exit scenarios proposed by Vote Leave. The moment this organisation rejected the "Norway option" (as did and then had Cummings and Gove both specifically reject continued participation in the Single Market, they paved the way for today's scare. 

To build its picture of uncertainty, the Treasury tells us that four processes would need to be completed:
Process 1: agreeing the UK's terms of withdrawal from the EU under Article 50 of the Treaty on European Union.

Process 2: agreeing the UK's new trading relationship with the EU.

Process 3: agreeing the UK's new trading relationships with the rest of the world including over 50 countries with which the UK would need to negotiate new trade arrangements.

Process 4: changing the UK's domestic regulatory and legislative framework.
Each of these four processes, we are then told, "would be complicated in their own right". But then we get: "conducting them all at the same time, on any terms that would be acceptable to the UK and within the specified two-year period for leaving the EU would almost certainly be impossible".

This, of course, is straw man territory. None of this presents the slightest problems if we adopt Flexcit. The terms of withdrawal and the trading relationship with the EU are largely settled by continued participation in the EEA.

The trading relationship with the rest of the world is maintained as at present, relying on the presumption of continuity and, as far as the UK's domestic regulatory and legislative framework goes, there would be no change. We would simply repatriate the entire acquis and take our time with any necessary changes or revisions.

Vote Leave, though, has no answers. In the Gove/Cumings scenario, they throw everything into the pot, with absolutely no idea of whether any settlement can be achieved, or what the timescale might be. They then talk grandly of a vast bonfire of regulation, from which they supposedly gain most of the economic benefits from leaving.

In other words, Vote Leave have set us up for the fall. They gave the game to the government, which can make the unanswerable case that leaving will cause a recession. Where we needed certainty, reassurance and predictability, Vote Leave gave us uncertainty and revelled in creating even more. 

With "recession" headlines plastered over today's newspapers, Vote Leave needs to revisit Galatians 6-7. This is the sort of stupidity that has cost us the referendum - and they can't say they weren't warned.

Richard North 23/05/2016 link

EU Referendum: blowhards at the IMF


We knew this was coming. When the IMF last month offered less than favourable comments on the effect of Brexit on the British economy, they also said that they were preparing a special supplement to their "Article IV" annual country assessment. And, as promised, here it is.

Writing of the "possible economic effects of an exit from the EU", however, they seem to be making the most pessimistic construction of event possible. And one can only assume – although probably correctly – that this is a deliberate attempt to interfere with our referendum, with a view to influencing the outcome in favour of the "remain" proposition.

A crucial part of their case is that a vote for exit would precipitate "a protracted period of heightened uncertainty, leading to financial market volatility and a hit to output".

We actually deal with this yesterday in respect of Carney's comments, and that claim is no more valid coming from the IMF than it was from the Bank of England.

For sure, one might expect short-term market volatility, but there is absolutely no good evidence that there will be an adverse effect in the medium- to longer-term. After the initial market shock (much of which will be discounted anyway, as is invariably the case with such things), a properly handled post-vote process need not cause any undue alarm.

But, says the IMF, following a decision to exit, the UK would need to negotiate the terms of its withdrawal and a new relationship with the EU, unless it abandoned single market access and relied on WTO rules, which would significantly raise trade barriers. It seems likely, it then says, that ratification of a new deal would require unanimous consent of all EU member governments, making agreements subject to considerable political risks.

This, of course, would only apply with a comprehensive free trade agreement which, as a mixed agreement, would require ratification by all 28 states (including the UK). But, in the event of the UK going down the Efta/EEA route, there would be no such requirement and none of the political risk to which the IMF lays claim.

Needless to say, the IMF hasn't finished there, arguing that, as EU-level agreements also cover the UK's trading relationship with 60 non-EU economies (and prospective arrangements with another 67 countries are in the works), the UK would also need to simultaneously renegotiate these arrangements, or else see them revert to WTO rules.

These processes and their eventual outcomes, it says, could well remain unresolved for years, weighing heavily on investment and economic sentiment during the interim and depressing output. In addition, volatility in key financial markets would likely rise as markets adjust to new circumstances.

This point, however, is picked up by Ambrose Evans Pritchard, citing this writer. These deals, he says, could be switched easily enough under the principle of "presumption of continuity" enshrined in international law. All they need do is to sign a document of continuation in force, an administrative procedure.

Variants of this have been done repeatedly: after the Czech and Slovak "Velvet Divorce", after the break-up of Yugoslavia, or in the post-colonial transition.

As to many of the other points made by the IMF, Ambrose deconstructs them with considerable finesse, also dwelling on the organisation's less than stellar record on its recent predictions.

Noting that it completely missed the onset of the global financial crisis, that it was blindsided when the US fell into recession in November 2007, and its forecasts for Greece were wrong every single year following the rescue of the euro and the North European banking system in 2010.

"I don't wish to denigrate the Fund", says Ambrose. "It remains a superb institution. I use its research all the time in my work. But on this occasion it has been misused for political purposes".

"There may be compelling reasons for Britain to remain in the EU", he adds, "but they have nothing to do with the bogus claims advanced today by the IMF. So take your rotting pile of damp wood elsewhere Madame Lagarde".

And this is possibly our saviour. Damaging as the claims are, on their face, and high may their prestige be, the relentless attacks on Brexit by the IMF, the Bank of England and others are so extraordinary one-sided that they are quite obviously politically motivated.

Most assessments, the IMF tells us, point to sizable long-run losses in incomes, as increased barriers would reduce trade, investment, and productivity.

The wide range of estimated losses - from 1½ to as much as 9½ percent of GDP - does not represent fundamental disagreement among these experts that exit would be costly, but largely reflects differing assumptions about the UK's future economic relationships with the EU and the rest of the world.

Basically, it argues, this is the difference between Norway, Switzerland and WTO, with even the offset savings of one-half of one percent of GDP in EU contributions being insufficient to wipe out the 1½ percent loss in what is argued is the best-case scenario.

Yet, there is absolutely no reason why the Efta/EEA option, with continuing external trade enabled by the "presumption of continuity", should carry any economic penalty. Even with ongoing payments to the EU and clearing our RAL liability, one would expect this Brexit option to be economically neutral.

Herein, though, lies an important, basic point. There would almost certainly be substantial economic penalties attached to the bilateral route, and the costs of the WTO option would be prohibitive. If anything, a loss of 9½ percent of GDP through this route is an understatement.

Had the cost-free exit already been mapped out by the official leave campaign, there would be less room for the likes of the IMF to play its dire little games. It claims would already have been pre-empted and discounted.

However, our one advantage seems to be that the "remains" are overplaying their hand. The torrent of FUD has reached such proportions that each additional day stretches their credibility, which must now be at breaking point.

Now, I think, would be a good time for a counter-attack. Short of a plague of boils and the death of the first born, there is little the IMF or any other institution can offer that could be worse. Flexcit round the corner, offering a risk-free option, might be just what is needed to sweep away the IMF blowhards.

Richard North 14/05/2016 link

EU Referendum: multilateralism is the key


It's election time again but, compared with the forthcoming referendum – where we decide who really governs us - these polls are an irrelevance. In fact, I cannot recall any time when I've been less interested or enthused by such events.

With such a short period for the referendum campaign, to have also to deal with a complex of local and PCC elections, Scottish and Welsh Assembly elections, and a couple of by-elections thrown in, is an unwelcome distraction. At the very least, it has put the referendum campaign on "pause" while the commentariat entertain themselves at our expense.

With or without these elections, though, it seems to me that the referendum campaign has stalled. On the Vote Leave side, the narrative has foundered on the single-shot NHS meme, which seems less convincing with every one of the thousands of repetitions. The Remains, meanwhile, are flooding the ether with torrents of increasingly tedious FUD.

What struck me about our side is that we should be making far more of the globalisation issue, capitalising on the sterling work done by Pete North, Ben Kelly and others, especially the likes of Lost Leonardo with his excellent piece on "rediscovering our global voice".

But there is a perspective here that so far has not received anything like enough attention – the tension between bilateralism and multilateralism in trade deals. The former is reflected in the growth of bilateral agreements, as in Regional Trade Areas (RTAs) also known generically as Free Trade Areas (FTAs), as opposed to the range of global agreements hosted through GATT and then the World Trade Organisation (WTO).

In what is a very contentious subject, one can quote diverse sources, some from interesting origins, that suggest that the true interests of global trade are served not by bilateralism but by multilateralism. Even the august Economist noted, back in 2013, that regional trade liberalisation is better than no liberalisation at all, "yet it interferes with globalisation in several damaging ways".

Insofar as there is consensus, it is that the multilateral approach is the preferred method of trade liberalisation, as opposed to "exclusionary" (and often selfish) regional trade blocks. Some academics will argue that the "preferential trade agreement" is a stumbling block, preventing the proper development of the multilateral trade system.

Here, the "leave" campaign has missed a trick. Rather than lauding our ability to make our own (bilateral) trade deals once we leave the EU, it could instead be speaking up for multilateralism, breaking clear of a failed (or failing) system that is holding back the global economy.

That is not to say that we could rely on what is known as the "WTO Option". Contrary to the views of many ill-informed commentators, there is not a single advanced economy in the world that relies exclusively on WTO rules. Most rely on a mix of bilateral and multilateral agreements. Only the most advanced, as in the EU's Single Market, is there complete reliance on regional agreements.

Thus, for the time being, a post-Brexit UK would have to continue the skein of bilateral agreements, just to maintain current trade flows. But, rather than seeking to replace the EU's external trade deals with our own agreements, we should be committed to supporting the global system.

To that effect, we should be building up the Bali Trade Facilitation Agreement, implementing its provisions on a global scale, rather than focusing on stitching up the system between trade blocs, as in TTIP.

The interesting thing here is that multilateralism seems to be able to rely on intergovernmental agreement – free cooperation between sovereign nation states – while regional deals increasingly rely on compulsion, taking on aspects of supranationalism, with mandatory harmonisation and dispute systems with supreme powers.

Furthermore, the multilateral approach is potentially far more valuable. While TTIP is said to be worth £10 billion to the UK in enhanced trade, implementation of the trade facilitation deal is said to be worth globally $2.6 trillion in annual GDP enhancements, with the UK share topping $60 billion.

Not only can multilateralism be adopted without the same hazards to sovereignty and democracy, therefore, it is potentially far more valuable than the bilateral route.

The trouble is for the "leave" campaign, though, that it is totally compromised. Looking internally at narrow domestic savings, it fails to see the bigger picture and argue that the greatest financial gains come from re-engaging in the global trading system, rather than seeking to emulate the EU with a replacement network of regional trading agreements.

The other problem is that very few people realise how much damage has been done to the multilateral system by the selfish focus on RTAs. Had the "leave" campaign been on top of its game, it could be arguing for a truly global perspective in world trade, thus by-passing the naysayers who warn how difficult it would be for the UK to replicate the EU's network.

Yet another problem is the "leave" campaign's obsession with deregulation. Wrongly claiming that there are massive savings to be made by abolishing EU laws, it is totally compromised when it comes to arguing that the real savings come from harmonisation on a global rather than European level.

However, it is not too late to refocus the campaign. In the seven weeks left, we can make it clear that a Britain supporting global multilateralism is better for us, and better for the world - as indeed Lost Leonardo has been doing. The EU as a regional trading bloc is a cul-de-sac. We need to break clear and rejoin the world.

Richard North 06/05/2016 link

EU Referendum: Cameron, the little European


In a classic application of FUD (Fear, Uncertainty and Doubt), David Cameron is targeting micro-audiences with a particularly insidious claim.

Writing for the Gloucester Citizen, he warns that "Cider, single Gloucester cheese and old spot sausages [are] under threat with Brexit", losing their "protected status" under EU law. He also claims that Brexit could also threaten products such as Scotch whisky, which at present can only be applied to whisky that has been made in Scotland.

As usual though, the fear tactic relies on half-truths and deception – and the ignorance of the media and politicians. And not least of these deceptions is the omission of rather crucial information: the scheme also applies to third countries.

Applicants from outside the EU can register their products with their national authorities, which then pass on the details to the EU, where they are then – after due process – recognised as protected process.

The system can be seen at work here, when in May 2011 four Chinese agricultural products received protected status in the EU, bringing the total to five, with another five being processed through the system.

In a reciprocal move, the Chinese authorities set in motion the recognition process for "ten celebrated European products". These were: Grana Padano; Prosciutto di Parma; Roquefort; Pruneaux d'Agen/Pruneaux d'Agen mi-cuits; Priego de Cordóba; Sierra Mágina; Comté; White Stilton Cheese/Blue Stilton Cheese; Scottish Farmed Salmon and West Country Farmhouse Cheddar.

Thus to represent British products being at risk when we leave the EU is a plain, outright lie. And even if the Prime Minister doesn't know he's lying, some of the people briefing him must know the truth. There is almost certainly calculated deceit being perpetrated here.

Furthermore, these reciprocal arrangements are only the tip of the iceberg of what is, in fact, a vast global scheme based around the World Intellectual Property Organization (WIPO), administering what are known as "geographical indications".

The scheme relies on a network of treaties and agreements, starting with the Paris Convention adopted in 1883, the Madrid Agreement of 1967, the Lisbon Agreement of 1958 and the protocol to the Madrid Agreement concluded in 1989.

These tie into the 1995 WTO TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights), which enable the system to be extended globally. Part of the WTO Doha round, this agreement is opening the way for other trading nations to protect their own traditional products and brands, to the same level enjoyed under EU law.

Despite this, there are complaints The EU is using its coercive power and the UK outside its system could provide a vital corrective, helping other nations to develop their own systems. Sadly, nothing of this makes the media. Instead, we get the likes of the Guardian and the Mail picking up the story, with no attempt to verify Mr Cameron's claims. 

In the Mail, however, we do get to hear from "Brexit supporters" – presumably Vote Leave – who "dismiss" Mr Cameron's claims and argue that Britain would "take back control" of product regulation if it left the EU. They say that the Government "could ensure our products remain protected in European markets by striking a new deal with Brussels".

Therein, the lack of knowledge and preparedness of the "leave" campaign comes to the fore. But, most of all, it illustrates the narrowness of vision of the "little Europeans", and especially Mr Cameron. We should not be letting Mr Cameron set the agenda on these matters. The world is where we need to be.

Richard North 22/04/2016 link

EU Referendum: the stupidity of the politics


Reaching 27 million households with a 14-page colour brochure, we now know, costs the better part of £9.3 million. That's what the government is spending on delivering its message, and it's money we can't match.

Nor can any but the most naïve of campaigners ever have imagined the Mr Cameron wouldn't pull this stunt. It's a variation on the ploy which Wilson ran in 1975. It worked then and it was thus reasonable to expect it to happen again. We predicted as much last year.

Actually, what we thought might happen was the distribution of a White Paper. But we can see why Mr Cameron wasn't tempted by that move – that would have exposed his "dodgy deal" to further scrutiny. Instead, he took advantage of the open goal created by the "leave" noise-makers when they refused to get behind a coherent exit plan.

Through filleting the pamphlet, it is easy to see the main thrust of Mr Cameron's attack. "Remaining inside the EU guarantees our full access to its Single Market. By contrast, leaving creates uncertainty and risk", the narrative starts.

Then we are told that, "Losing our full access to the EU's Single Market would make exporting to Europe harder and increase costs", following which we treated to the "killer" argument that:
Voting to leave the EU would create years of uncertainty and potential economic disruption. This would reduce investment and cost jobs. The Government judges it could result in 10 years or more of uncertainty as the UK unpicks our relationship with the EU and renegotiates new arrangements with the EU and over 50 other countries around the world.
Predictably, the usual mantras are then trotted out: "No other country has managed to secure significant access to the Single Market, without having to follow EU rules over which they have no real say, pay into the EU and accept EU citizens living and working in their country".

And then again, we are told: "A more limited trade deal with the EU would give the UK less access to the Single Market than we have now – including for services, which make up almost 80 percent of the UK economy. For example, Canada's deal with the EU will give limited access for services, it has so far been seven years in the making and is still not in force".

There are no less than six separate mentions of the "Single Market", around which, as the Financial Times remarks, are woven around the main themes, "that remaining in the EU benefits Britain and that leaving would create uncertainty and almost certainly be bad for the country".

Says this newspaper: "Since the Leave campaigns cannot agree what Britain's relationships with Europe or the rest of the world would be after Brexit, these points are well made".

This exactly mirrors the point made in the second edition of a book from the Centre for European Policy Studies (CEPS). In an otherwise terrifyingly superficial account, it tells us:
Plan B, or the terms of secession, in the immortal words of Sherlock Holmes, is "the dog that did not bark". The ‘leave’ choice is unknown territory, since it has not been specified by the secessionists beyond vague statements like regaining freedom from Brussels and being able to engage in freer trade with the world at large. Since the posing of a choice between a "known" and an "unknown" is a big hazard in democratic deliberations, this study does some homework that the secessionists have been unable or not wanted to do.
The absence of a plan is then the focus of an opinion piece in The Times. Barely a day goes by without an economist prophesying doom should the UK vote to leave, it says. Yet Oxford Economics modelled nine plausible Brexit policy packages, from which "the most striking conclusion is that, far from being inevitably catastrophic, Brexit has almost no ill-effects in some scenarios".

It also notes that "there is no agreed blueprint for post-Brexit Britain", but remarks that such an agreement would require – amongst other things – the repudiation of free movement.

Striking an economically good deal with the EU "would reek of betrayal to the majority who voted to leave". We're told that the problem with Brexit is the economics, it concludes, but: "In reality it's the stupidity of the politics that would hit the UK hard".

Interestingly, the CEPS came to the conclusion that the "only risk-free economic scenario would be to join Norway in the EEA, but that is also rejected by the noise-makers.

Thus, while the likes of Hannan whinge about the government leaflet, it is his refusal, and the refusal of all the main "leave groups" to endorse a credible exit plan, than has given Mr Cameron an opening to play exactly the scare card that we warned he would.

The way then to have dealt with the government's leaflet, therefore, was to head it off at the pass – pushing our own plan with an intensity that so undermined Mr Cameron's claims that he dare not make them.

Furthermore, no one in the leave campaigns can say they were not told about this. In June last year, I wrote to Dominic Cummings, warning him that the pro-EU side intended to rely mainly on fear. More specifically, I wrote, "it is using FUD - fear, uncertainty and doubt - powerful tools which act in favour of the status quo". Therefore, I said:
… in addition to our negative pitch, and our positive vision, we need a FUD neutraliser. When the enemy argues that leaving the EU is a terribly dangerous venture, we have to counter by illustrating that leaving the EU is a perfectly practicable proposition, entirely reasonable and safe. That is the purpose of an exit plan. It is not to second-guess the government. It's primary purpose is to demonstrate to the wavering voter that leaving the EU is possible and safe.
To that, I didn't even get the courtesy of a direct reply – not that much different from the way Arron Banks's has handled matters, agreeing to my face to adopt a plan and then, month after month, doing absolutely nothing about it.

When we come to analyse the high points and the low points of this campaign, we will most definitely see in it "the stupidity of the politics", where a succession of very stupid and malign people refused to commit to that vitally necessary exit plan.

There are no excuses for this. There is an informal, unspoken consensus that the EFTA/EEA option is the only sensible move, in the context of a structured, multi-phasic exit plan that has this as a compromise answer, opening the way for a longer-term solution once we are out of the EU.

The wilful rejection of a stratagem that would have given us the initiative and put us in the lead has now put us on the back foot, with no answers to an attack that could so easily have been neutralised before it got under way.

As a result, what was always going to be difficult just got immeasurably harder. The "stupidity of the politics" has created new, unnecessary burdens that we will have to fight to overcome. The sad thing is that we can so easily deal with the enemy. If anything is going to bring us down, it is indeed the stupidity of our own side.

Richard North 08/04/2016 link

EU Referendum: missing the mark on FUD


Spread far and wide is David Cameron's latest attempt at FUD, this one aimed specifically at farmers, telling us that Brexit could cost livestock producers as much as £330 million on lamb and beef exports alone.

The Prime Minister delivered this little nugget as he visited a farm in north Wales, prior to addressing the Welsh Conservative conference. The pitch is that more than 90 percent of UK lamb and beef exports - worth around £605 million - currently go to the EU.

On this basis, he says, if farmers had to rely on WTO rules rather than EU membership to secure trade access to the EU, they could be faced with tariffs costing £240 million a year for beef and £90 million for lamb, he said.

"British farmers and food producers rely on the single market", he claimed. "It gives them access to 500 million consumers, to whom they can sell their goods on an open, unrestricted basis. No tariffs, no barriers, no bogus health and safety rules designed to keep our products out".

And, like all "good" FUD, this has a basis in fact. Currently, beef imported from third countries into the EU, including the UK, does attract basic tariffs, with beef ranging from 12.8 percent plus, between €176.80 and €265.20 /100 kg.

Given that we were unwise enough to leave the EU without a trade deal, our exporters would have to be paying these rates to for the privilege of selling product to the remainder of the EU. However, nothing is ever quite as it seems. Overall, the UK is only 72 percent self sufficient in meat – about 76 percent in beef and veal. We import more than we export.

Now, if the EU imposed tariffs on us, we could impose similar amount on their product, which would mean that EU-sourced beef would not be competitive with home produced meats. Producers currently exporting to the EU would have an expanded opportunity on the domestic market, and one doubly attractive as it would be without the currency risk.

Even that, though, is not the whole extent of it. With current third country suppliers, the EU has a low tariff quota regime, brokered under the aegis of WTO rules, known as the Hilton quota. It was so named after being negotiated in the Hilton Hotels in Tokyo as part of the GATT agreements in 1979.

This allows for a quota of 58,100 tonnes of high-quality fresh, chilled and frozen beef from Argentina, Brazil, Uruguay, Paraguay, USA, Canada, Australia and New Zealand – at a lower fixed tariff rate of 20 percent. But, since reports indicate that much of this quota goes unused, this is something that the UK could relatively easily tap into.

Of more interest, though, is the duty-free beef quota Duty-Free Beef Quota (otherwise known as the Duty-Free Tariff Rate Quota – TRQ), which currently stands at 48,000 tons, taken up on a first come, first served basis. Although the UK would not automatically have access to this scheme, it does set a precedent for duty-free access to the EU market that the UK could invoke during Article 50 negotiations.

But therein lies our strongest suit. The willingness – some might say desperation - of the EU to do trade deals means that its own traditional beef markets are under threat. At the moment the Canadian deal, so loved by Boris Johnson, is causing alarm in Irish circles and the prospect of TTIP, opening European markets to US-produced beef, represents an even bigger threat.

Putting this together, it turns out that the one way of protecting UK livestock producers from cheap US beef is to leave the EU, opting out of TTIP (something that will keep Labour supporters happy) and imposing tariffs on EU goods.

On the other hand, we also have the option of a free market solution. Currently, we are only 55 percent self-sufficient in pig meat (which includes bacon and other cured products). The main imports come from Denmark and Holland, with additional supplies sourced from Germany, Ireland, France, Spain, Belgium and Poland.

The UK, therefore, has considerable leverage over a wide range of EU suppliers. In return for quota and tariff-free access to our pig meat market, it would be relatively simple to do a deal on beef – and also broker access to the valuable lamb market.

Mr Cameron's FUD is precisely that. The chances of the livestock industry being adversely affected by Brexit are slight and, in all probability, less than the effects of wider market access if we stay in the EU.

Richard North 13/03/2016 link

EU Referendum: a Duff deal


He may inhabit the dark side but Andrew Duff is still a penetrating commentator on the ways of the EU, and of British involvement.

Writing for the Policy Network, he has now produced a short paper on "Britain's Special Status in Europe", sub-titled: "A comprehensive assessment of the UK-EU deal and its consequences".

Confirming what we already knew, he tells us that the actual Decision "belongs to the heads of state or government alone and not to the European Council". This point is familiar to readers of this blog, but it remains to be seen how many pundits really understand this.

Furthermore, Duff tells us, under the terms of the Treaty of Lisbon, the European Council cannot legislate for the European Union. Neither can the Council initiate, still less bypass, the EU's official treaty revision process, laid down in Article 48(2).

The procedures for revising the treaties, we are reminded, "involve not only the heads of government but also the European Commission, the European Parliament and national parliaments, meeting together in a convention.

It is true that the heads of government have the last word on EU treaty change, but they do not have the first word. So the Decision takes the form of an intergovernmental agreement lodged at the UN and applicable under international, not EU law.

That Decision, says Duff, will become legally binding under international law if and when the British decide to stay in the European Union. In theory, as the European Council asserted, the Decision will remain legally binding until revoked by a unanimous decision of the 28 governments.

Nevertheless, as the personnel at the summit changes, which they do fairly frequently, the deal will become less authoritative, and may be amended, reversed or ignored.

But then we come to the money quote. "In any case", Duff adds, "the substance of the Decision will not be binding on the EU as such until its provisions have been transposed into EU law".

This must be primary law via treaty change with respect to the sovereignty and economic governance dossiers, and through secondary law via the ordinary legislative procedure in the case of the social welfare and migration issues.

In other words – and there is no other construction that can be put on Duff's interpretation, while the Decision may be binding on the current signatories (but less so on future office holders), for its execution it requires action by EU institutions, and they are not bound by the Decision.

Duff does not say it - although he does make reference to the Vienna Convention on the Law of Treaties – but if a treaty requires for its effect actions by third parties which were not signatories to the treaty, and by virtue of this is incapable of execution, it cannot be a valid treaty and cannot, in any event be biding.

This is the crux of the matter which Duff – Europhile though he might be – is too honest to conceal.

The Decision does not, he writes, bind the European Court of Justice, the European Parliament or the European Central Bank – all of which are set to play important roles in the transposition of the content into the primary and secondary law of the European Union.

The authors of the Decision, he thus concludes, make the bold claim that it constitutes a "new settlement" between the UK and the EU. But, at best, all it could do is "contribute to a successful campaign backing a referendum decision to remain in the EU".

At worst, however, controversy surrounding the Decision will sow confusion in the referendum campaign and further aggravate Britain's relations with the rest of the European Union.

And nor does it end there. Separately, in Euractiv, we hear from Daniel Schade, head of the Project for Democratic Union, and James Bartholomeusz, a policy officer at the same institute.

They say that there is nothing of substance to the UK's renegotiation agreement, but it has been sold as a full revision of the country's EU membership. The concessions David Cameron claims to have won are entirely cosmetic, if that.

The pair concludes that many of those who support the UK's continued membership of the EU, but hold nothing but contempt for his rebranding exercise, must now grit their teeth and pretend that he has done a substantial job.

As for the leavers, I fear we have let go too early. Distracted by talk of Dave's "dodgy dossiers", we have not pursued with the vigour necessary the dishonesty inherent in Mr Cameron's renegotiation settlement, and have allowed him to run with the claim that the UK has achieved "special status".

History is repeating itself – the Wilsonian fudge of 1975 has been transformed into the Cameronian fudge of 2016. Fool me once, they say, shame on you. Fool me twice, shame on me. Are we to be fooled twice, and with something which is so transparently a lie?

Richard North 04/03/2016 link

EU Referendum: a change of tactics?


Although the BSE campaign and its fellow-travellers have been pouring out a non-stop torrent of FUD, the Prime Minister – as effective leader of the "remains" - has not been amongst those prominent in the use of scare tactics.

For him then to come out with a scare story about the Le Touquet Treaty, and its possible discontinuance if we leave the EU, is something of a new development.

As it stands, the treaty can be ended at any time by written notification, the termination taking effect two years after the date of the notification. Thus it is always possible that the French could end the treaty if we leave the EU, perhaps giving notice at the same time we sent our Article 50 notification to Brussels.

However, outside the EU – and in any event – we could repudiate the 1951 Convention on the Treatment of Refugees (and the 1967 Protocol), and also the European Convention on Human Rights.  Freed of such obligations, we would be well-positioned to counter any action taken against the UK. Should the French allow migrant free access to the ports (and Channel Tunnel), we could simply pack them on a return ferry and send them back to France.

This could perhaps lead to an unedifying situation with one or more ferries carrying thousands of refugees shunting between British and French ports, prohibited from discharging at either, until one or other of the parties blinked.

For this to happen would be no more in the interest of the French than the British. It was in the interests of regularising the situation that the French signed the treaty in the first place.

Even without it, there are carrier liability provisions in place which impose heavy fines on ferry companies and Eurotunnel for permitting access to undocumented passengers. So, treaty or not, large numbers of would-be asylum seekers would be denied passage. As a result, you would be seeing camps spring up in Calais, just as they did before the Le Touquet Treaty.

With the treaty in place, the French have a considerable degree of leverage over the British. They have been able to extract, via the Evian Arrangements, many millions in cash from the British taxpayer, to assist the Calais authorities in dealing with the problem.

For various reasons, therefore, it is likely that treaty would remain in place after the UK left the EU – for the very reasons that such treaties are upheld. They are, as White Wednesday points out, beneficial to both parties.

Therefore, that Mr Cameron should choose an issue so transparent a scare story that even Vote Leave could see though it suggests something more profound than just opportunistic propagandising. Either he is losing his grip or he is changing his tactics.

Here, one should note that the comments were made in a prepared speech to the Policy Exchange on prison reform. They were flagged up well in advance, sufficient for newspapers to run overnight headlines on the "scare".

This points to premeditation, supporting a view that we are seeing a deliberate change in the "play". And there are further indications of this being the case in this Guardian piece, where Mr Cameron talks of the value of EU membership in assisting our fight against terrorism.

But if we're seeing a change in pace, that might have considerable implications for the referendum campaign. Rather than play the "deal" card and go for an early (June) referendum, relying on a poll boost from public approval, the Prime Minister might have decided to play the long game (if that had not always been his intention).

The point at issue here is that Mr Cameron could expect a boost of twenty points of more from bringing a deal back from Brussels which the public perceived as "good", contrasted with a smaller but none-the-less significant boost to the leavers in the event of the deal being seen as poor.

Given that we have seen various polls giving the advantage to the leavers, at a point where a change in sentiment might actually mean something, this could be enough to convince Mr Cameron to return to safer territory and argue the broader case for EU membership.

This, necessarily, would require Mr Cameron to put distance between him and the deal to be brokered in Brussels in ten day's time. If this is his "play", then we must expect some downbeat mood music over the next week or so, preparatory to an orchestrated failure of the "summit". This piece from the BBC on Portugal might be an early example.

Most likely, there will be some carefully stage-managed objections, followed by Mr Cameron adopting a "battling for Britain" pose and rejecting the deal – thus buying him time to build on his alternative scenario. He could then come back some time later with a marginally better deal and thus claim victory.

This then puts into perspective the way Mr Cameron is gaming the designation process, brought into high profile by a piece from Asa Bennett in the Telegraph. By keeping the rival leave campaigns in the dark as to when he will start the designation, they are forced to devote their energies to the designation competition, rather than the main campaign.

In particular, Mr Bennett has picked up on the possibility that Mr Cameron could fold the six-week designation process into the 10-week referendum period, leaving only four weeks for the campaign proper.

Interestingly, after Booker had raised this possibility, we were referred to a debate in the Lords when Ukip's Lord Willoughby de Broke gained from FCO minister Baroness Anelay an assurance that this would not happen.

On 18 November last year, she stated that "the referendum period will be a minimum of 10 weeks and in advance of that is the designation period". The Baroness went on to say: "The two cannot be conflated … there is no way of concertinaing it, if I can put it that way".

That contradicts a typically ill-informed piece on the BBC website which states (wrongly) that the Electoral Commission will publish details of the designation process once David Cameron has named the date for the referendum. As we know, there does not have to be any linkage between designation and the referendum date.

The BBC suggests that Mr Cameron could make an announcement as early as Monday 22 February, "if a deal on his draft renegotiation package is agreed by EU leaders the previous weekend". But, as long as the designation is not folded into the referendum period, his deadline for a referendum on 23 June is on 9 March.

Allowing that Baroness Anelay is calling it correctly (although there seems no legal bar to a later date), if by 9 March the designation process has not started, then there cannot be a referendum on 23 June.

However, even if the regulations are laid by this date, that does not mean there will be an early referendum. Mr Cameron could call for early designation and then still leave the referendum until next year. In this context, it should be noted that in the Scottish referendum, the campaigns were designated on 23 April 2014, with the referendum held just under five months later on 18 September.

If Mr Cameron is playing the long game, he could launch the designation period early and then leave the campaign groups on tenterhooks, leaving the announcement of the referendum date to the minimum ten weeks before the poll, perhaps at the need of August 2017, for an October poll.

Significantly, though, the Electoral Commission has already put the main campaigns on notice to prepare preliminary submissions for designation by March, which suggests that there is not going to be a formal announcement any time soon.

That also would make sense, as it is to Mr Cameron's tactical advantage to have the rival leave campaigns fighting each other for as long as possible. And even when that battle is over, there is the exit plan to agree – an issue which the "leave" camps have been evading and which could spark an even bigger battle.

All in all, it seems, we're back in Northern Irish political territory where it is said of the political situation, if you think you know what's going on, you haven't been listening. But that notwithstanding, my money's still on the long game.

Richard North 09/02/2016 link

EU Referendum: learned nothing, knows nothing


The latest encyclical from Vote Leave's Dominic Cummings has hit the inboxes of devotees and others, listing nine "lessons" for campaigners. Soon enough it will be posted on the illegible website, where only a few more people will manage to read it.

In better times, I might have been inclined to give these "lessons" a detailed analysis – just for the intellectual exercise. But such self-indulgence could scarcely add to the single observation that, in seeking to offer us so many "lessons", Mr Cummings is simply demonstrating his failure to learn the single most important lesson of them all.

This comes not from a lesser mortal such as myself, but from the undisputed master, Sun Tzu, whose choice of words we reproduced earlier and evaluated more recently, all to convey the crucial point. No campaign is ever going to succeed unless strategy is developed with reference to the enemy's intentions, and then continually modified to take account of circumstances as they develop.

If there weren't such thing as an enemy – such as our Prime Minister who will take to the field in due course – then Mr Cummings's nine "lessons" might be useful in a Janet and John sort of way. However, the absence of any serious attempt to divine the enemy's intentions renders his attempts at strategising almost completely valueless.

This is evident in his first item of instruction, where he tells us that we must "persuade people that the scare stories about a 'leave' vote are wrong" – a focus on neutralising the FUD that we were looking at three years ago. But since then we've seen Mr Cameron adopt a triangulation strategy which largely renders the fight over FUD irrelevant.

Ideally, Mr Cameron would like us to engage in a stand-up fight with the opposition, preparing the ground for him to waft into the "moderate middle". We will then find him "sharing our pain" and positioning himself to take the moderate view, graciously acknowledging some merit in both side's claims.

For his second "lesson", Mr Cummings then wants us to "build a dense national network of business supporters to explain locally the benefits of a 'leave' vote". This is all very well – but for our experience in this matter. By and large, we find most business people are too busy running their businesses to make reliable campaigners.

Where our instructor skids badly off the track though, is in his third "lesson". Here, he tells us that "we must explain that the choice is not between 'change' versus 'status quo'". Not only does the EU takes more power and money every year, says Cummings, "the official EU plan is now for another Treaty centralising more power in Brussels".

The problem with that stance is that we're kicking at an open door. Mr Cameron probably has no intention of selling us the "status quo". Instead, he too will be attacking it - as he already has done, telling us we need a "new relationship". To resolve that, he will offer us the "British model", neutralising any complaints we might make. 

I suppose, though, that we must concede something to Mr Cummings when he tells us that we must explain how a "leave" vote means we will end the supremacy of EU law and take back vital powers over issues such as tax, regulating our economy, migration and so on. This is our fourth "lesson", and if you and your audience can stand the boredom, be my guest.

Likewise, we can humour Mr Cummings on his sixth "lesson" and explain how the EU is going in the wrong direction, with economies in debt and unemployment rising. There is always room for negative campaigning as a baseline, although the Stokes precept suggests we go lightly on this.

But we will not agree that we should "explain how the money we will save could be better spent on our priorities, like the NHS and fundamental science research", etc., etc, expressed in terms of the "£350 million per week we send to Brussels". Apart from the fact that the figure is misleading (we do not pay that sum), getting into a bun-fight over money is a big no-no.

Nor do I see any value in explaining how a vote to "leave" will help Europe - not just Britain. It's a nice thought, but David Cameron got there first. We'll simply be fighting a battle over who is the nicest of them all. That isn't going to win us any Brownie points.

That brings us to "lesson" eight, where we are supposed to "explain the record of the Establishment" and how they have "consistently misunderstood the process of European integration". "They have", Cummings tells us, "consistently made wrong predictions. They have consistently promised things that have not happened. They cannot be trusted". 

"Whitehall", in Mr Cummings's opinion, "has no answers apart from the same people sitting in meetings and failing every year". He thus instructs us: "We need a new path".

And now to the finalé – lesson number nine. Firstly, though, we must bear in mind Mr Cummings's warnings about people who have "consistently misunderstood the process of European integration", the "establishment" which has consistently "made wrong predictions" and "promised things that have not happened". They "cannot be trusted".

With these warnings in mind, we are prepared for the stroke of absolute genius from Mr Cummings. After we vote to leave, he says in his ninth lesson, "a new government team will negotiate a new UK-EU deal". Yet is this not the Establishment? Is this not the very same Whitehall, about which Mr Cummings has been so uncomplimentary? 

Nevertheless, he believes that their deal should be put to the people in another vote. According to Cummings, we can reassure people: "You can vote leave safely because we must have another vote on the new deal - it is the only sensible path for our democracy".

What he doesn't tell us, of course, is what happens if Whitehall delivers a bum steer. What happens if we are forced to vote against it – after the Article 50 negotiations have been completed. What then, Dominic?

Clearly, our man has learned nothing. Desperate to avoid coming up with a "plan", he does not understand that, if Mr Cameron reveals his bright, shiny new "British model", enough people could vote for it to win the referendum for him.

Therefore, we need to be quick off the mark. As soon as it emerges, we must tell as many people as possible about its disadvantages. But then we must offer an alternative vision. We cannot rely on the men in Whitehall to write it - we have to do this ourselves. And, to go with that, we must reassure people that there is a credible way of delivering our vision - the so-called exit plan.

But these "lessons" are not for Mr Cummings. He's happy to trust the untrustworthy Whitehall to define our new deal. And this is the "genius" we should trust to lead the campaign? 

We trust not in Cummings.

Richard North 04/01/2016 link

EU Referendum: back on the treadmill


The Politico website on Christmas Eve ran a speculative piece on Angela Merkel and François Hollande having suggested "a counter offer of three years to Cameron's initial demand of a four-year ban on social benefits for EU migrants".

The source cited is an anonymous "French official with knowledge of the negotiations", which means that it is unattributed and unverifiable. Its evidential value is nil.

However, that hasn't stopped the legacy media's finest from running the story for the Boxing Day editions, despite the slender provenance of their stories. So far, we've see the Telegraph, the Independent and the Express run with it.

This, in itself, is interesting. Very often, the Christmas period will kill a story as it fails to leap the gap and the lose interest in it. But the fact that they're willing to run a non-story over the break suggests that there is a determination to keep the issue going, and to build on the momentum.

Sadly, this doesn't mean that the media is going to be any more careful in its choice of material, or expend any effort in verifying its sources. And nor can be expect any slowdown in the volume of uncritical re-tweeters, indulging the media coprophagia with homage of their own.

The thing is that, having regard to the strict terms of the treaties, and of recent ECJ judgements, there is almost certainly room to fudge a deal within the framework of existing EU law.

In terms of the ECJ, we have the Dano judgement, in which we were reminded that "free movement was a qualified right and not an unconditional one", and always had been.

Then there is the more recent Alimanovic case. In this, rather interestingly, the court extended (or clarified) the Directive 2004/38 right of a Member State to withhold benefits if the "become an unreasonable burden on the social assistance system".

Specifically, we see the court conceding that, while the grant of a specific benefit to a single applicant could scarcely be described as an "unreasonable burden", the Member State concerned is entitled to consider the accumulation of all the individual claims which would be submitted, in determining whether or not the burden was unreasonable.

This latter case also concluded that Member States were under certain circumstances permitted to refuse non-contributory cash benefits to foreign jobseekers, even though they constituted "social assistance" and were paid to their own nationals. Remarkable, these do not contravene the principle of equal treatment.

While it is often the case that the ECJ is extending the bounds of integration, what we are seeing here is the court gradually unpicking certain elements of free movement which, cumulatively, could give EU lawyers more room than is supposed. They may end up with enough wriggle-room to accommodate some of Mr Cameron's needs without needing treaty change.

By February, therefore, it is possible that the "colleagues" will have cobbled together something superficially convincing, that our Prime Ministers can parade as a concession.

Even with a complete deal on this particular issue though, Mr Cameron hasn't got enough to go to the country and make a convincing case. There are still another three "baskets" to be sorted – not least the "ever closer union" and protection for the non-eurozone.

It may be quite significant, therefore, that we see Reuter's John Lloyd bring up the Armellini article, which he applauds, telling us that a two-tier Europe (and with it Associate Membership) is an idea whose time, many more than Armellini believe, has come. It would be, Lloyd avers, "an enormous political transformation".

Thus, while the media is cranking up the treadmill and concentrating on the benefits issue, the wider agenda is still running free, and there "colleagues" have yet to focus on reining it in. But that is where the developments – and the interest – will lie.

Richard North 26/12/2015 link

EU Referendum: the Tusk response


In response to David Cameron's letter to Donald Tusk last month, we now have the formal response to what the European Council President calls "a significant and far-reaching agenda".

From Tusk himself, the purpose of the letter is to let Mr Cameron know where the Council stands "on the issue of a UK in/out referendum" before it is addressed at the December meeting.

Notably, Mr Tusk makes no reference to "demands", which is unsurprising: Mr Cameron does not in his letter refer to them. Despite by now thousands of articles referring these non-existent "demands", what the Prime Minister actually did was write a letter "setting out the areas where I am seeking reforms".

What Mr Tusk does, therefore, is note that, in November, Prime Minister Cameron "set out the four areas where he is seeking reforms to address the concerns of the British people over UK membership of the European Union". Unlike the media, he is thus demonstrating that he is able to read.

Following Cameron's letter, in close cooperation with the Commission, Tusk and his officials "held extensive bilateral consultations at Sherpa level with all Member States". They also discussed Mr Cameron's letter with representatives of the European Parliament.

In the view of Mr Tusk, the issues raised by the British Prime Minister are "difficult". At the same time, he says, "there is a strong will on the part of all sides to find solutions that respond to the British request while benefiting the European Union as a whole". He then looks at what he calls the "four baskets" mentioned by Mr Cameron, and "briefly" sets out his assessment of where the Council stands.

On the "relations between the euro ins and outs", he says, "we could search for an agreement around a set of principles that will ensure the possibility for the euro area to develop further and be efficient while avoiding any kind of discrimination vis-à-vis Member States that are not yet, or, in some cases, will not be part of the euro".

This is a key area of concern for the British government, mentioned not only by Mr Cameron but also by George Osborne. This is very much our "two-tier Europe" writ large. And Tusk says that the Council is "looking into the possibility of a mechanism" that will support the principles of non-discrimination.

What he seems to have in mind may be a consultation process, "allowing Member States that are not in the euro the opportunity to raise concerns, and have them heard, if they feel that these principles are not being followed". This, however, he says, must not be "a veto right".

Whether this will be sufficient for the UK government remains to be seen, as there are no details offered. We don't get past the willingness to "search for an agreement" and the idea of an unspecified "mechanism". This is pretty vague and non-specific stuff.

The next "basket" had Mr Cameron talking about "competitiveness". And – it seems - "everybody agrees on the need to further work on better regulation and on lessening the burdens on business while maintaining high standards". Tusk adds: "The contribution of trade to growth is also very important in this respect, in particular trade agreements with fast growing parts of the world".

That said, again we are offered nothing substantive. In fact, we are offered nothing at all. There is agreement with Mr Cameron's concerns, but stating that is as far as Mr Tusk is prepared to go.

This brings us to the third basket on "sovereignty". Mr Cameron, you will recall, wanted to end Britain's obligation to work towards an "ever closer union" as set out in the Treaty. It was very important, he said, "to make clear that this commitment will no longer apply to the United Kingdom". Furthermore, Mr Cameron wanted this done in "a formal, legally-binding and irreversible way".

Now, there can be little dispute that, for the Council to concede this, a treaty change is needed. After all, Mr Cameron wants the words of the treaty and their essential objectives changed.

But all we actually get from Mr Tusk is a fairly anodyne statement that, "there is wide agreement that the concept of 'ever closer union among the peoples' allows for various paths of integration for different countries". He adds: "Those that want to deepen integration can move ahead, while respecting the wish of those who do not want to deepen any further".

Whatever complexion you might wish to put on this, it is fairly evident that it does not concede the sort of detail that Mr Cameron was expecting to have discussed. Furthermore, while there limited scope for those that want to deepen integration to move ahead, the scope is limited. And it does not allow for the eurozone to move ahead – without the approval of the rest of the Community.

On that basis, respecting the wish of those who do not want to deepen any further is rather moot. In most respects, the advance guard cannot advance.

Additionally, Mr Cameron wanted "to enhance the role of national parliaments, by proposing a new arrangement where groups of national parliaments, acting together, can stop unwanted legislative proposals". He was, though, prepared to discuss the precise threshold of national parliaments required.

Couched in these terms, we are looking at something fairly weak, but it still mounts a challenge to the legislative monopoly of the EU institutions, giving national institutions what amounts to a veto. It also constitutes a major challenge to the European Parliament.

This would also need a "full-on" treaty change, as would Mr Cameron's third "proposal", that the EU's commitments to subsidiarity should be fully implemented, with clear proposals to achieve that.

Yet Tusk's response amounts to the vague statement that: "There is also a largely shared view on the importance of the role of national parliaments within the Union as well as strong emphasis on the principle of subsidiarity". This does not even meet Mr Cameron half way.

That brings us to the "fourth basket", covering "social benefits and the free movement of persons". With no indication that he is being ironic, Tusk describes this as "most delicate", saying it "will require a substantive political debate at our December meeting".

Says Tusk: "While we see good prospects for agreeing on ways to fight abuses and possibly on some reforms related to the export of child benefits, there is presently no consensus on the request that people coming to Britain from the EU must live there and contribute for four years before they qualify for in-work benefits or social housing".

In the view of the Council President: "This is certainly an issue where we need to hear more from the British Prime Minister and an open debate among ourselves before proceeding further".

With that, it is Tusk's assessment that "so far we have made good progress. We need some more time to sort out the precise drafting on all of these issues, including the exact legal form the final deal will take". In his view, "We also have to overcome the substantial political differences that we still have on the issue of social benefits and free movement".

It is now expected that the December European Council should address all the political dilemmas related to this process. Based on a substantive political discussion, Tusk thinks we (the Council) should be able to prepare a concrete proposal to be finally adopted in February.

This actually seems extraordinarily optimistic, given that the Council has yet to concede most of the key issues, or even recognise their importance, beyond conceding that they are "difficult".

Nevertheless, Tusk says he will act as "an honest broker" but all Member States and the institutions "must show readiness for compromise for this process to succeed". Our goal, he says, "is to find solutions that will meet the expectations of the British Prime Minister, while cementing the foundations on which the EU is based".

In his concluding remarks, Tusk tells us that uncertainty about the future (is there uncertainty about the past?) of the UK in the European Union is a destabilising factor. That is why, he says, "we must find a way to answer the British concerns as quickly as possible".

We need to be united and strong, in "our common interest and in the interest of each and every EU Member State", he says, then finishing with the statement: "The UK has played a constructive and important role in the development of the European Union and I am sure that it will continue to do so in the future".

Whether or not that final statement is merely extruded verbal material or something more profound is not really an issue. What matters is that, despite the insistence of the media and others that the UK is not asking for much, the removal of "ever closer union" and the parliamentary vetoes are a big deal for the EU. They amount to fundamental changes in the way the Union is structured, its primary objectives and the way it does business.

Equally, as Mr Osborne made clear, separation of the eurozone and the non-euro states is also a big deal. This is not something that can be resolved with a few bland statements of intent. Like as not, we must anticipate a fundamental restructuring of the Union and the recognition of a two-tier Europe.

On that basis, the chances of a final proposal being adopted in February seem to be so remote as to be at vanishing point. The media and others may wish to obsess about the details relating to in-work benefits and social housing, but these are small beer compared with the other issues.

There is, therefore, much more to this than is being admitted. As always, we are being played. And, as always, the commentariat are walking into this eyes wide shut.

We have the "leavers" squawking about Mr Cameron only asking for "trivial" changes and the delivery of a fudge, confusing fluff and substance and blasting away with their footguns. Farage is totally missing the point while the media remain obsessed with the limited issue of benefits for migrants, with not the least understanding of the bigger picture.

Crucially, none seem to have spotted that the Tusk letter is internally inconsistent. It is understandable that Tusk is making a big deal of the benefits for migrants, thus playing to the gallery, but it isn't clear why he is playing down the other issues when, potentially, they are even more problematical and he admits to them being "difficult".

Looking beyond the theatre, what he is writing doesn't fit with the facts on the ground. And if there is nothing inconsistent with our expectations that Cameron will resolve the many problems with his "British model", what does not compute is the lack of fuss being made about them.

If the Prime Minister is to turn resolving the issues into his great "victory", he and Tusk need to inject a little more drama, and much more conflict. Just a simple little victory over benefits for migrants is not going to turn the tide. My gut feeling, therefore, is that there is more of this drama yet to be rolled out. 

The December Council is obviously going to be a non-event, and everything will now be focused on the meeting in February. My best guess is that the benefits for migrants will be resolved after a highly staged denouement. But that will not be the end of it. It will only pave the way for the greater battles over "ever closer union", the eurozone and the parliamentary veto, each of which will have their place in the sun.

Thus, February will only be one small victory, with greater battles to come and more intense theatre, before we finally see the shape of the "British model" revealed to us all. We still have a long way to go before we get to the end game.

Richard North 08/12/2015 link

Strategy ten: immigration


000a Ukip-018 paris.jpg

Of all the issues that may decide the EU referendum, immigration (or migration) may prove to be the most contentious – and dangerous. Ostensibly helpful to the cause, it also has the potential to do great damage if handled the wrong way. It is truly a two-edged sword.

As such, a strategic view must be taken. It is far too risky to leave the handling of the issue to chance. The approach must be methodical, carefully considered and gauged, at the very least, to do no harm. 

What we certainly do not want are interventions of a sort that Nigel Farage feels impelled to make, and especially not the speech he gave on Monday evening on the Paris attack and Syria. Described by his own party as "the most important intervention from a mainstream British politician on the subject of Syria and the UK's security situation", Mr Farage once again went out of his way to confuse the issues.

Complaining that the "EU's soft-touch approach of open borders and welcoming of all to our shores is now clearly imperilling the safety of our society", he went on to refer to the Common Asylum policy (as a "complete failure") and then finished up asserting that "free movement of people means free movement of guns, terrorists and jihadists".

Here, we see Farage being less than clear about whether he is talking of open internal borders (internal to the EEA and the Schengen area) or external borders. And he deliberately confuses asylum policy with free movement.

The point, of course, is that these two issues are separate. Asylum rests for its legal base on the 1951 Geneva Convention on the treatment of refugees, and the 1967 protocol, bolstered by the European Charter of Fundamental Rights – which in turn rests on the Geneva Convention. Freedom of movement, on the other hand, relies on treaty provisions and applies only to citizens of EU Member States.

Given the separate legal bases and the very significant differences in terms of practicalities, we are dealing with distinct phenomena with separate causes and, ultimately, their own separate solutions to the problems arising.

More specifically, when we dissect Mr Farage's statement in this light, we see that his claim that "free movement of people means free movement of guns, terrorists and jihadists" is manifestly untrue. This is political ambulance-chasing at its very worst.

Despite the Ukip leader's manifest inability to present these issues honestly and with any clarity, however, it is the settled position of Vote Leave Ltd that they should not intervene in this debate. Dominic Cummings takes they view that his group should stand aside and leave it to the likes of Farage and

Such a strategy is mistaken. Asylum policy has a strong international element to it – especially in the Geneva Convention. Take this and the unwillingness of the EU to deal with the root cause of the refugee crisis in Europe- a Convention which is no longer fit for purpose - and the current crisis presents us with the makings of an extremely strong case for leaving the EU.

Free of the encumbrances of the EU, Britain could resume its seat on the key international bodies and, with its new-found independence, could push for revision of the diverse international instruments which define asylum policies. With freedom to determine its own trade partners and in full charge of its aid programme, the British government could also direct policies at better managing migrant flows, easing pressure on the system.

On the issue of freedom of movement, it is likewise essential that we take an active role in what is a matter of crucial importance, which manifests itself as an inherent contradiction at the heart of the campaign.

On the one hand, we need to show voters that we can protect our participation in the Single Market after we leave the EU – in order to neutralise much of the FUD. On the other, we need to reduce immigration from EU Member States, this ostensibly requiring release from freedom of movement obligations. The problem is that we can do one or the other, but not both.

We are confronted, therefore, with a dilemma. We will have to choose between the Single Market and freedom of movement.

In Flexcit, we square the circle by adopting an interim position. This protects our Single Market participation and puts on hold changes to freedom of movement until we are able to broker a longer-term solution. But, pending that solution, we see scope for improving the management of immigration which, over the short- to medium-term, can help stem immigration flows.

This is not an optimum position, but the alternative – pulling out of the EU's freedom of movement provisions – would lose us access to the Single Market. There is no compromise on this. There are no half-measures. The European Commission has made this abundantly clear. Access to the Single Market requires adoption of the four freedoms. This is not negotiable.

In my judgement – shared with very many others – without continued access to the Single Market, we cannot win the referendum. This then leaves us with the difficult pitch that, in order to get a majority in favour of leaving, we will have to compromise. But, as I argue, a "quick and dirty" exit, accepting continued freedom of movement for a while, is better than losing the referendum for lack of compromise.

The trouble is that we can't walk away from this problem - we can't fudge it. We have to confront it, deal with it and then sell the choice to the voting public. If we try to evade it, we fall between two stools and will be unable to offer a coherent position. Our campaign will lack credibility.

But that's exactly what is happening. Vote Leave Ltd is evading the entire issue, and Farage's Ukip is pushing for the end of freedom of movement while ignoring the consequences. Instead, it is inventing fantasy scenarios that somehow magic away the ill effects.

Then there is Today, it has its press event going through recent Survation polling. An early release to the Express has 76 percent of respondents wanting to restrict entry to highly-skilled workers from other EU Member States, with an "Australian-style points system" used to manage entry.

On top of that, over half of the respondents wanted annual net migration from the rest of the EU limited to a maximum of 10,000 a year – something which, of course, is unaffected by EU membership.

Never mind the Australian system is not actually a points system. The points simply gets you onto the waiting list. In reality it is an annual quota system, which is managed by applying a series of bureaucratic hurdles. These are what regulate the numbers. Whether the British economy would benefit from such a blunt management tool is a question that is never answered.

The more substantive point, though, is whether has thought through what it is trying to achieve by highlighting this scenario. If it supports ending freedom of movement, it too must confront the consequences. The fantasy island solution is not good enough. It must have some real answers.

And there is our big issue. Large elements of the leave campaign are sharing a collective delusion that they can be all things to all people. They can't, and before very much longer they need to produce a grown-up strategy that deals with the real world.

If they are going to tell us that they can close down with freedom of movement, they must tell us how they are doing to deal with the loss of access to the Single Market, and the effect it will have on our economy. If they want to maintain market access, they are going to have to tell us how they propose to limit immigration.

If they do neither, and carry on with their dismal pretences, they will drag as all down.

Richard North 18/11/2015 link

Strategy ten: working for the other side


Yesterday, we touched very briefly on the effect of campaigning without strategic direction. In the absence of such direction, we might just as well be working for the other side, I wrote, promising to explore this further in today's post.

In keeping with the idea of maintaining a topical hook, we can explore this through the events of yesterday, when David Cameron made another speech, this one at the Royal Institute of International Affairs (Chatham House) in London, to coincide with a letter sent to the President of the European Council, Donald Tusk.

With that, however, we have had the bulk of the media rushing down the path of ignorance, boldly proclaiming that Mr Cameron had issued "demands" on EU reform. Particularly egregious examples include the Telegraph which proclaimed that David Cameron was setting out his "demands" to Europe. The Express confidently reported that the "bid to reform Britain's membership of the European Union appears to have run aground within just hours of the Prime Minister setting out his demands".

The only very slight problem with both these assertions was that Mr Cameron quite explicitly had not made any demands. His letter to Tusk stated that its purpose was "not to describe the precise means, or detailed legal proposals, for bringing the reforms we seek into effect".

That, wrote Mr Cameron, "is a matter for the negotiation, not least as there may, in each case, be different ways of achieving the same result". All he had done was to set out "the four main areas" where the United Kingdom was seeking reform. He then hoped that the letter could "provide a clear basis for reaching an agreement that would, of course, need to be legally-binding and irreversible - and where necessary have force in the Treaties".

What came out of the Chatham House speech, though, was something very much more enlightening. Very early into the address, Mr Cameron told us there were "two sorts of members of the European Union" - eurozone and non-eurozone members.

What was quite evidently a core concern, though, was a eurozone on the brink of change. This would have "profound implications for both types of members". To protect us, we need, said Mr Cameron, "a British model of membership that works for Britain and for any other non-Euro members". And just so there could be no doubt as to its importance, the Prime Minister gave us a clue: This is "a matter of cardinal importance for the United Kingdom", he said.

And there, writ large, is associate membership – rebranded to take on what may become its definitive title: the "British model".  Thus, over just a few days, from Mr Cameron's visit to Iceland, where he went out of his way to attack the "Norway Model", to Mr Osborne's speech in Berlin on safeguarding non-eurozone members, to Monday's CBI speech and then the Chatham House speech,  the pieces are falling into place.

As we see it, having established the extremes at both edges of the argument, and with George Osborne setting the scene for him, "Mr Reasonable" has created space for the centre ground and is now occupying it, with a message tuned to the "moderate middle" who will decide the outcome of the referendum. 

On this, it really doesn't matter what "leavers" think. Even less important are the views of the committed "pro-Europeans". They are not going to change their minds in the referendum. The only people who matter to David Cameron are those in that "moderate middle" - people with no strong convictions who could vote either way. 

Furthermore, we do not seem to be alone in this view. The Independent, gives us the headline, "David Cameron's strategy to keep UK in Europe is to present himself as 'the man in the middle'", positioning himself "between the fervently pro and fervently anti-EU brigades".

In campaigning terms, this gives us our marching orders. If our three-point grand strategy, set out yesterday, is anywhere near correct, then our intelligence has identified the target. Phase one of the strategy is in place. It is now urgently necessary to attack this "British model", and come up with a better – and credible – alternative. This is where the bulk of our resources should be focused.

What then of the two main leaver groups? Sadly, Vote Leave Ltd fell into the same trap as the media, treating the Prime Minister's basis for discussion as "demands". Then, failing to understand Mr Cameron's "play", they dismissed these supposed demands as "trivial".

Even when associated membership was drawn to their attention, Dominic Cummings was dismissive. It  wasn't the whole issue now, he declared. Only later, after prodding (see below), did he acknowledge that, having warned of "associate membership" (it having appeared once on the Vote Leave website), it was "hiding in plain sight in DC speech - 'a British model'". The belated admission, however, has not triggered any action.

000a Cummings-010.jpg

As for the other big group, Richard Tice of was getting himself bogged down in a pointless spat with Will Straw over trade and the EU - pushing the WTO as an exit option. His organisation, meanwhile, has completely missed the point. It has condemned Mr Cameron's actions as "meaningless gestures presented as meaningful reform".

Unable to see the links and the underlying agenda, Arron Banks has dismissed Cameron's speech as "loaded with bombastic rhetoric, underpinned by the usual Cameron pomp". This, he asserts, "will not be enough to paper over the crevices of a conspicuously unambitious reform agenda".

Banks, with his tenuous grasp of the issues, believes that, when Mr Cameron finally secures all his "reforms", the public "will be armed with the facts that no level of imaginative re-packaging will be able to compete with". He proclaims: "This is the beginning of the end".

All this actually illustrates is a complete failure of intelligence. hasn't even arrived at the starting post. On the other hand, Vote Leave Ltd, may have arrived - in that it grudgingly acknowledges the that associate membership is on the agenda. But it is not addressing this issue. Thus, with no discernible strategy, the two "noisemakers" are making every mistake in the book.

What these two groups are doing, therefore, is soaking up resources that could be better employed on fighting the real battle. And, with their totally inadequate intelligence gathering and analytical capabilities, they are failing to inform the media, leaving them to spread disinformation and ignorance.

As for Farage, we struggle to find anything from him worth recording. He is reported here, dismissing Mr Cameron proposals as lacking any targets for substantial renegotiation of membership. Farage also complains that Mr Cameron has tried "to portray a new 'third way' relationship with Brussels that is simply not on offer". Like, he has a way to go before he gets near the starting post.

Yet, the tiny Bruges Group has been able to put the story together - and with only a fraction of the resource available to the other groups. But the noise level is so high that it will get relatively little media coverage. Before this referendum, the Group was a media favourite. Now its voice is drowned by the "noisemakers".

Like it or not, "leave" groups are in competition for media attention, for funds and much else. Inadequate groups do not work in isolation. When they fail to perform, they detract from the campaign as a whole. Effectively, they are to this referendum what bed blockers are to the NHS. They can be a more potent drag on our capabilities than the pro-EU campaign. And in that sense, they are not on our side at all. 

Nevertheless, they are a factor on the ground, and have to be worked into any strategy. How we deal with them is something I will look at shortly.

Richard North 11/11/2015 link

EU Referendum: ten days of strategy


000a Independent-009 twospeed.jpg

If had listened to The Boiling Frog when he warned about the lack of wisdom in using Guy Fawkes night as a jokey backdrop to suggesting we blow up the Berlaymont, it might have avoided this adverse headline in the Mail.

An individual can get away with remarks about blowing things up but, in the cut and thrust of a vicious campaign, the same response from an organisation holding lead designation could elicit a damaging reaction. To that effect, a campaigning group needs to be very careful what it says, so TBF was warning Banks of what he might expect.

Yet, no sooner had that been done then the website was back in trouble with an ill-judged intervention on Remembrance Sunday. Never mind the fact that the dead of two world wars is used as the primary justification for European political integration – succinctly noted by Pete. Once again this was a misstep by, another to be remarked upon by TBF.

What was might also note of the Twitter account is that it is so devoid of content that the administrators are reduced to tweeting material from Ruth Lea – member of the advisory board for Business for Britain – a competitor for lead designation status. Also tweeted was the storm in a thimble over the CBI, one set up by the "odious" Cummings – another initiative by the competition.

It cannot say very much for an organisation which has ambitions to get lead designation from the Electoral Commission, that it has to filch stuff from its competitor. But when a campaign almost completely lacks strategy, this is what tends to happen.

Nevertheless, that lack is unsurprising: founder, Arron Banks, gives no indication of even understanding what the term means. And, for want of a strategy, on 18 November - with the aid of his US guru Gery Gunster - he is to unveil the results of a massive opinion poll on the referendum, commissioned at great expense by

As one might expect, respondents have been asked, inter alia, to identify issues most likely to influence their vote, and it comes as no surprise to find that immigration tops the list. But the fact that the survey is telling us something we already knew is not the only reason it is an exercise in applied futility.

The main reason why Mr Banks is wasting his money and our time is because of that well known dynamic in referendums, where the electorate does not necessarily answer the question on the ballot paper. With most likely two years to go, it would be a brave man who can predict what question the electorate will actually be asking. But more to the point, even if we knew (and we can guess), voters have yet to engage: they can't at this moment offer reliable (or any) indications as to how they will vote.

Looking back at the 1975 referendum, we know that in August of the year before, 50 percent expressed a preference for leaving the EEC, against 32 percent who would vote to stay in, a "huge" lead of 18 points. At around the same time, Gallup confirmed these proportions, with a poll coming out at 47-30 percent in favour of leaving, giving a lead of 17 percent.

As we well know, nearly a year later, 67.2 percent voted to stay in, while those voting to leave had fallen to 32.8 percent – a lead of over 34 percent in favour of staying in, representing a swing of over fifty percent.

What made the difference was that, by then, prime minister Harold Wilson had delivered the results of his "renegotiations". And although it is well known that these were a fudge, they were sufficient to carry the day. Now history is about to repeat itself, with Mr Cameron preparing his own personal fudge, probably in the form of an associate membership, or "two-speed Europe ", as Guy Verhofstadt would have it (screen grab pictured).

Most likely, it is how this is presented, its timing, how it is perceived, and how the "leave" campaign responds – and their success in communicating their views – that will determine the outcome of the referendum. Nothing of that, at this stage, is amenable to opinion polling, except in the most general of terms.

But, if Arron Banks is leading a train-wreck campaign, the "competition" – Vote Leave Ltd – is performing little better. Running the campaigning end of that business enterprise is Dominic Cummings – a man who has been out of the picture for over ten years and whose grasp of matters EU was never more than slender.

Currently, he is attempting to revisit past glories when, in 1999, Business for Sterling had a hand in persuading the CBI to drop the euro campaign. But although, this was as much to do with the efforts of Brigadier Anthony Cowgill (see page 40), Cummings claims the sole credit.

While attempting to re-fight old battles keeps Cummings in his comfort zone, it is of little relevance to the current debate. The CBI may have been a major player in the euro campaign, but it has much less impact now. It will probably not feature at all in the final stages of the campaign.

For the rest, what passes for Cummings's general strategy seems to be based on his findings from focus groups conducted in 2014, which I reported on at the time. Some of my observations on the comment thread seem remarkably prescient.

Crucially, of Cummings's so-called strategy, it is quite obviously drafted without reference to the capabilities and intentions of the enemy. In fact, so slender is his grasp of David Cameron's intentions that he clearly does not understand the play. As a result, he is seriously under-estimating the prime minister's strategy, and failing to appreciate the danger it represents.

Never more, however, has the game been clearer, bolstered by Philip Hammond on Sunday's Marr show, when it became evident that he understood that the British public could not be "fobbed off with a set of cosmetic alterations to the way the EU works".

Said Hammond, there would have to be "substantive legally-binding change" if the British public were to vote for it in the referendum, adding: "This is about fundamental change in the direction of travel of the European Union".

From this it is evident that the slender lists being listed in many newspapers – and assumed to be the substance of the UK government's demands, are going to be totality of what Cameron expects from the EU. There must be something more if Mr Cameron is to convince the public that there has been a serious renegotiation and a meaningful outcome.

As to what this will be, if we didn't already have a good idea, another clue came in Merkel's speech last week at the same event at which Osborne spoke. 

Acknowledged as giving her backing to some British demands, Merkel declared that: "The Europe of today is no longer a one-speed Europe". This is a major concession, representing a public admission that the EU must abandon its pretence that it is a single, homogeneous entity. It paves the way for associate membership, and the makings of Mr Cameron's "victory", especially if it is presented as his idea. 

If and Vote Leave Ltd were on the ball, they would be devoting all their energies to undermining Mr Cameron's "play" - and so unattractive is associate membership that, with the combined effort, it would be relatively easy to beat. But with the "noisemakers" out of the picture, we are going to be hard put to beat this play.

However, that does not mean we can't win. We most certainly can. Simply, in the absence of any support, we are going to have to fight that bit harder. And, difficult though this will be, it is not impossible. We do not need formal groups in order to fight, and if we fight effectively, we can win.

Thus, for the next ten days, in conjunction with Leave HQ, we are going to dedicate this blog to a series of linked posts, bringing together all our thinking on the strategy, to help focus efforts on the real fight. We will also offer some campaigning advice. The first post will be tomorrow, when we will revisit the nature of strategy, and why it is so important.

Richard North 09/11/2015 link

EU Referendum: a paucity of power


000a FT-004 law.jpg
One extraordinary thing about the current debate on the EU referendum is not so much its extent as its limited scope: the same issues, the same FUD and the same fog of ignorance.

It is that, probably more than anything, seems to be running out of steam, as the parties avoid the core issues. The remainers avoid telling us what continued EU membership looks like, while the "high-noise" leavers are unable to describe a post-exit Britain.

But nothing adds more to the air of unreality than the pretence by ministers that they are seeking real objectives, when they are chasing shadows – ideas with no substance at all.

Into this comes the quest by the Prime Minister and Chancellor for an "emergency brake", supposedly to safeguard the economic interests of non-euro countries, something to which George Osborne referrred in his Berlin speech.

But even the Financial Times seems to be having trouble with the terminology, which makes this quest even less substantial. Says this newspaper, David Cameron and George Osborne want a "protocol" that enables the EU single market to coexist more easily with an integrated eurozone.

The point about a "protocol", however, is that this is a formal addendum to a treaty, and thus has the same status, requiring the same procedures to bring it into being – unanimous agreement by all 28 Member States and then ratification.

As such, there is not the slightest hope in the known universe of getting such an agreement through the system, which means that the whole idea is a complete non-starter.

Recognising the futility of this quest, we now see a different option being touted, which goes by the name of the Ioannina mechanism, which has been used to delay a decision if a country feels that its vital interests are threatened but cannot muster a blocking minority under qualified majority voting.

It was first proposed at a Council meeting in Ioannina, a Greek city north of Athens, in 1994, when foreign ministers from the then 15-member union were called to discuss how voting rules should change if Norway joined the EU.

At the meeting, ministers agreed that if EU members wished to oppose a measure but could not muster enough support to block it, they could ask the bloc's council of member states to do "all within its power, within a reasonable space of time, to reach a satisfactory solution" that would be acceptable to a qualified majority.

This "mechanism", though, has the status only of a political declaration which, as the UN points out is not legally binding. This is so far from the idea of Mr Cameron's full-on treaty change that it is a travesty.

All of this makes the posturing of Messrs Cameron and Osborne totally valueless. Nothing therefore better demonstrates the paucity of power in this land. Our ministers are not in control – all that is left is pretence.

Richard North 05/11/2015 link

EU Referendum: when "no" means "yes"


000a Guardian-016 Jenkins.jpg

Daniel Hannan is the "brilliant" analyst who was convinced, not so long ago, that Greece would drop out of the euro. This man was also quite happy to run with the idea of an early referendum and, in May 2015 was welcoming the idea of "associate membership". His complaint was that Mr Cameron wasn't asking for it.

Now, he joins the ranks of other geniuses like Tim Montgomerie in being convinced that "no serious analyst" thinks Mr Cameron's recent list of negotiation demands "amount to anything".

Hannan believes that David Cameron is deliberately lowering expectations "so that even the paltriest change can be sold as an unexpected triumph". For this, he relies on the "unintentional leak" from Andrew Lansley, who predicted "a bogus row with France after the February summit".

It remains to be seen, says Hannan, whether there will be a sham fight, but this "ludicrous downplaying of expectations" is already taking place. He then guesses that the "meagre expectations" will be exceeded by going ahead with fiscal and political integration, with non-participating countries afforded a different status which "they might even try to get away with calling it associate membership".

What the "brilliant" Hannan doesn't seem to have realised, however, is that Cameron's "four key demands" fit neatly with the building of a launch platform which will take us towards this "associate membership". In that context, far from failing to "amount to anything", they are a vital piece of evidence in establishing a direction of travel.

Thus, Hannan ends up making the mistake of thinking that associate membership is not on the table. However, if it was, he suggests that "most Eurosceptics would settle for such an option". This would amount to "a broad European market, covering EFTA states and Turkey as well as EU members, within which the Eurozone countries could establish a political as well as a monetary union".

But then, tucked into this cosy little script is the "money quote". Given that Hannan's idea of "associate membership" becomes available (or some unspecified variation of it), he then argues, "Brexit will become unnecessary". Hence, one assumes that if Mr Cameron does offer it at the eleventh hour, Hannan and the rest of the soft Tory "eurosceptics" (including the "Vote Elliott£ group) will support the "remain" option.

It seems hardly a coincidence, therefore, that James Kirkup should be writing in similar terms. He thinks Mr Cameron may be voting to end "Britain's 'current' EU membership". When a majority of voters agrees with him, "he will start negotiations not on exit but on a 'new' membership deal, which would be put to the people, eventually".

That new deal might look quite familiar, writes Kirkup. It will be "free trade in exchange for free movement of EU nationals, access to EU capital markets in exchange for EU financial regulation, and permanent exclusion from ever-closer union and the euro".

This is effectively the substance of Mr Cameron's "four demands". In Kirkup's scenario, though, we'd cease to be a "member" of the EU and become a "partner" or some such. Tellingly, he doesn't use the words "associate membership", but that's what he means.

On that basis, Kirkup sees the coming referendum as a choice not between in and out, but as between "in" and "half-in". We see this as the makings of a fudge that will blur the battle lines and confuse the voters, matching Hannan's equivocation.

Adding further to this confusion is Simon Jenkins writing in the Guardian. He decides that, when seen from Britain, "the EU has become a sham" (illustrated top). Thus, he declares, "Some version of a new single market must be found", adding that no such search will even begin if Britain votes to stay in the EU. "Only a vote to leave offers negotiators the leverage they now so clearly lack".

Nevertheless, anyone who thinks Jenkins has become a leaver should think again. The man would not have us leaving absolutely. Rather, he wants a "new relationship between the nations of Europe and their supranational governors".

What then Jenkins would have the government do is go to Brussels and then negotiate a new treaty "that meets, to some degree, Cameron's original negotiating demands". There then comes another referendum – to agree this new treaty. And by this means, a British vote to leave become "the precondition for a new Europe" - or which we are part.

If we now gather together these disparate threads, it is not clarity that emerges, but glorious obscurity. The water is being muddied. What was once a simple matter of "in" or "out", "remain" or "leave" now becomes a turgid mess of options.

The scene is being set for the "white knight" to emerge. Mr Cameron can leap into the breach and offer clarity, in the form of his version of associate membership. This he will promise in the forthcoming treaty process – after which we get our second referendum on the new treaty.

The confusion, meanwhile, is deliberate. As long as there is no clarity, there will be no clear choice for the voters and the siren voices of the status quo will reassert themselves. Cameron comes shining through the mist, a beacon of light and sanity, in a dark and turbulent world. Mixing metaphors outrageously, he attracts swing voters like moths to a flame and wins the game. 

That is how this dirty battle is being fought, and this is how we could end up losing – not in straight fight but out-thought, out-manoeuvred and betrayed.

Richard North 16/10/2015 link

EU Referendum: agreement on a plan


000a Independent-004 fears.jpg

The extraordinarily simplistic article in the Independent on Sunday on leaving the EU doesn't really matter. It's in a newspaper that's dying on its feet, has very little credibility and speaks mainly to its own kind – fanatical Europhiles wedded to the cause.

In typical style of its kind of propaganda, it raises the FUD – telling us that "Fears grow that European Union will impose tough conditions on UK after 'Brexit'" – total hyperbole, then adding the formulaic and completely unsubstantiated assertion that: "The threat will fuel further tensions within the Conservative Party, which is divided on the EU".

This is such empty invention that it scarce deserves a reply, but it is interesting to observe the techniques used. Having raised the scare, the paper then brings on the straw men in legions, claiming:
Eurosceptics have argued that the UK would still enjoy favourable trading terms with the EU even if it left, often citing Norway, which is not a member but is still the fifth biggest exporter to the bloc. Lord Lawson, the new head of a Conservative Brexit campaign, said last week Britain could "negotiate a free trade deal with the rest of Europe", entailing "a more amicable and realistic relationship".
But this is more than just straw men – it is bias by omission. With just short of 30,000 downloads behind it and a short version in preparation, Flexcit is by any measure a significant contributor to the debate, offering a structured and complete demolition to the Independent fluff.

Not least, Flexcit sets out a six-stage exit plan, with multiple fall-back positions, sufficient to protect UK interests against any known contingency. It easily answers the "fears" that the likes of the Independent raise.

But the paper ignores Flexcit, as do most Europhile organs, inventing any number of excuses for doing so, when challenged. But they all amount to the same thing. They dare not acknowledge it because it so comprehensively demolishes their superficial and facile arguments.

But they are considerably assisted in their task by being able to rely on the indifference of a diminishing tranche the eurosceptic community, who either have their own axes to grind, or labour under the mistaken impression that an exit plan isn't necessary. Some even argue that any single plan is so divisive that we must do without one.

On the other hand, it was the brilliant Second Cummings who argued (behind the scenes) that that Flexcit, with its six-stage structure, was too complex for the tender flowers of Westminster, prompting this response and the observation that:
If you want to qualify to the highest level in music, through the examination board of the Royal Schools of Music, there are EIGHT stages. Yet, to undo 40 years of economic and political integration, some people think SIX stages are excessive.
Amusingly, I noted on my Twitter feed today the post illustrated below, promoting the "14 easy steps" needed to become a runner. And there I thought it was about putting one foot in front of another, quicker than normal. 

000a runner-000 steps.jpg

But as long as the eurosceptic aristocracy are determined to ignore Flexcit, that gives the europhiles a free pass to do the same thing. In this case, the IoS relies on the fatuous Lawson – who really should know better having stitched up the IEA Brexit competition – who is bleating that Britain could "negotiate a free trade deal with the rest of Europe".

If this doddering fool stopped to think for one moment, he would know that it could take years to come to an agreement – far more time than is politically acceptable – opening the way for the Independent in a separate piece to claim that this would be "a long and tortuous process that would take many years and create long-term uncertainty".

When, years down the line, we still have spokesman for the "leave" campaign being caught out on the basics, it is time for all of us to ask whether we can afford to have these people representing us, or whether they should be put out to grass. Clearly, Lawson has learned nothing at all from judging the IEA competition.

However, while we can afford to ignore the Independent - for the time being – its input gives us an inkling of how the Europhiles are going to play it. Picking on the lack of an agreed exit plan is easy meat for them, and they will continue to exploit this lack of agreement for as long as it gives results.

For over ten years, I and others have been arguing that the anti-EU movement must get behind an exit plan and, after all these years, we are not much further forward in gaining broad-spectrum agreement.

Flexcit, of course, remains on the table, as does the offer of looking at any amendments that might be submitted – the work already having accommodated the thinking and arguments of many readers (with a corrected and improves version out shortly).

Most of the detractors, however, far from seeking to make the work better, seem not even to have read it, while the Elliott faction went into competition, with an error-strewn, incoherent door stopper that has all but disappeared with trace, unread even by the friends of Elliott.

The only thing different between now and ten years ago is that we currently have a plan in place. But until enough people put their weight behind it, and force its adoption, the way will be open for the likes of the Independent to pretend we are without one, and make mischief for us.

There is no use waiting for the great and the good to get off their pedestals on this. We the people have to take our own decisions and make the running – unless, of course, you are content to have the mighty Lawson blather on your behalf.

Richard North 04/10/2015 link

EU Referendum: sleepwalking to Brexit


000a Times-002 Sleepwalk.jpg

One has to permit a wry smile at the sight of the Times editorial, which tells us that the "robust renegotiation of Britain's relationship with Europe" that David Cameron promised "has gone quiet". Says the newspaper, in response to this: "Confidence that it will ever happen is fading fast".

The temptation to yelp, "No sh*t Sherlock" is almost overpowering, as the paper is telling us something we have been reporting for many months. But all the august Thunderer can manage is the view that Britain's efforts to renegotiate its relationship with the EU "are beginning to look increasingly feeble".

As anticipated, the renegotiation is regarded as important but secondary to the refugee crisis and the continuing saga of Greece and the euro. Whenever Britain's renegotiation appears on the agenda of a Council meeting, the story is the same. "The British do not seem to know what they want, or if they do they are not saying". His counterparts in every member state are expecting detailed wish-lists, but there is no sign of them.

With that much lodged, however, the paper doesn't seem to have much idea of what is going on.

By coincidence, yesterday I was looking at one of the earlier articles featuring Nigel Lawson, this one in the Guardian, in September 2011.This referred to the possibility of a new treaty, an event which, said the paper, "would present a golden opportunity for Britain".

The necessary treaty changes would have to be approved by all (then) 27 members of the EU. The prime minister had told the Tory 1922 committee before the summer recess that he would use the treaty negotiations to repatriate powers in three key areas – legal rights, criminal justice and social and employment legislation.

That was the original plan but, as we know, Merkel blocked the negotiations, leaving Mr Cameron to consider using the "simplified procedure" provisions of Article 48. But, without this ploy ever having been acknowledged, it was abandoned, leaving the Prime Minister with nowhere to go.

This left only one option, the possibility of the delayed treaty being reactivated, and the idea of "associate membership" being adopted as Mr Cameron's "big idea". Multiple signs now point to this becoming a reality.

But this is something that the Times has not picked up. It seems to have no real idea of what is going on. It does admit, however, that the renegotiation team at No 10 "has floated the idea of deferred EU treaty changes to be presented to voters as IOUs".

And although there is every indication that this idea will fly, the paper thinks it has "gained little traction in Brussels", where negotiators are said to have been told "the only concessions that could be post-dated in this way would be opt-outs rather than full treaty changes".

That leaves the paper with little understanding of the way things are developing, ending up with the peroration that "Britain needs a real renegotiation based on a coherent vision of what the country needs, not what Europe is willing to grant".

This is such total wishful thinking that it betrays a complete departure from reality for the editorial writer, who then concludes that, "If Mr Cameron is not ready to present one next week at his party conference, there can be little confidence that it exists".

But, of course, it doesn't exist – it can't exist, and there will be nothing specific that Mr Cameron can offer at the conference, where there is no mention of the EU on the official agenda.

It is only recently though that the Sunday Telegraph was confidently predicting that the Prime Minister would come under immense pressure from backbenchers "to show a more ambitious menu of proposed reforms than has so far been disclosed", preparatory to an early referendum.

The only point of interest, though, will be the precise nature of the "fudge" that Mr Cameron will have to perpetrate, whence we will see the meeting of the European Council on 15 October, for the next non-event on the path to associate membership.

Ironically, the Times talks of a well-organised "out" campaign masterminded by Dominic Cummings, but the only thing that seems to be organised is the rush to fritter away resources in anticipation of an early referendum that simply isn't going to happen.

Nevertheless, the Times collecting together the strands of its profound ignorance, believes we are "sleepwalking to Brexit". An equally (if not more tenable) scenario, though., is that Mr Cameron is letting the "leave" campaigners wear themselves out, preparatory to making his move in late 2017.

This timescale is beyond the capability of any British national newspaper to comprehend, so all we're going to see is the parade of the ignorati, as they struggle (and fail) to understand what is going on.

Meanwhile, in response to the well-organised "out" campaign masterminded by Dominic Cummings, and its coup in appointing Lord Lawson as Conservatives for Britain president, Arron Banks dismissed the group as "run by the Westminster bubble". "It would be better", he said, "if the Eurosceptic Tories just 'shut-up' as they are going to alienate the vast majority of people who will look at this campaign as a Tory stitch-up".

Sticking in the knife, he then added: "If the Tories keep using has-beens like Lord Lawson and the other Eurosceptic rabble then that will turn off supporters". For Mr Cameron, things seem to be going swimmingly.

Richard North 02/10/2015 link

EU Referendum: conceding the ground


000a Times-001 Lawson2.jpg

Conservatives for Britain
now has as its president Lord Lawson - he of IEA Brexit competition fame - which, he tells us, "is helping to establish a professional campaign to leave the EU". "We will", he says, "be working with business leaders, academics and all political parties to call for the UK to leave unless there is real reform" (see above - click to enlarge).

As to the nature of the "reform" he would accept, his priorities would be fourfold: the end of the automatic supremacy of EU law over UK law; the ability for the UK to negotiate its own free trade deals with fast-growing countries such as India and China; the ability to control immigration from other EU countries to the UK; and the explicit renunciation by the EU of its absolute commitment to "ever-closer union".

These, of course, are issues which are fundamental to the European Union, and there is not the slightest chance that the "colleagues" would even sit down at a table to discuss them. This would not be reform, but annihilation: an EU that accepted these "reforms" would no longer be the European Union as we know it. This is "barking cat" territory.

With that, one has to ask what the point is of demanding something which is unachievable, and then calling to leave because your wishes are not granted? Although the analogy is not perfect, this is like joining a tennis club and demanding that it digs up its courts and turns them over to rugby pitches.

Logically, the only tenable stance is to walk away from the idea of reform altogether. This is not going to happen – not on the terms stated. Thus, the way is open for a purity of line. We leave because the structure and objectives of the EU are incompatible with our own requirements, and cannot be reconciled.

Instead, though, we are left with this ghastly Tory fudge, where we are stuck in the same old groove, presenting "reform" as the default option and the prospect of leaving as second-best, entered into reluctantly because Mr Cameron has failed in his negotiations.

This is an intellectually untenable position, and no basis on which to found a campaign. Furthermore, it leaves it open the option of an eleventh-hour resolution, whence Mr Cameron comes hot-foot back from Brussels with a new deal, which the likes of Lord Lawson grudgingly accept. Anything will be better than the prospect of an "accidental Brexit".

Therefore, we have at the head of that group a man who is not committed, as a matter of principle, to leaving the EU. Leaving, to him, is an option and he is open to persuasion on staying in, given the right terms.

His concern is that "we stay in an unreformed EU", thence "handing over ever more control of our economy and our borders to political bureaucrats whom we cannot vote out and who have made clear that they do not care what we think".

Therefore, if you are concerned about the prospect of staying in an "unreformed EU", Lord Lawson wants us to join with him helping to build the campaign to leave.

But how can one work with a man (or an organisation) which thus concedes the core point (on the unacceptability of the EU) before the battle even starts? Clearly, there is no room for anyone who considers that we should leave on a matter of principle.

Richard North 01/10/2015 link

Powered by FundRazr

Log in

Sign THA
Think Defence

The Many, Not the Few