The overwhelming defeat that
Britain’s Parliament inflicted upon Prime Minister Theresa May’s Brexit plan
was fresh confirmation that there is no substitute for democracy. Members of
Parliament deserve congratulations for keeping their cool in the face of a
made-up deadline. That deadline is the reason why Brexit is proving so hard and
potentially so damaging. To resolve Brexit, that artificial deadline must be
removed altogether, not merely re-set.
Leaving the European Union is
painful by design. The process any member state must follow to exit the EU is
governed by Article 50 of the bloc’s Lisbon Treaty, which, ironically,
was authored by a British diplomat keen to deter exits from the EU.
That is why Article 50 sets a two-year negotiation period ending with an
ominous deadline: If negotiations have not produced a divorce agreement within
the prescribed period – March 29, 2019, in Britain’s case – the member state
suddenly finds itself outside the EU, facing disproportionate hardships
overnight.
This rule undermines
meaningful negotiations. Negotiators focus on the end date and conclude that
the other side has no incentive to reveal its hand before then. Whether the
allotted negotiation period is two months, two years, or two decades, the
result is the same: the stronger side (the European Commission in Brussels in
this case) has an incentive to run down the clock and make no significant
compromises before the eleventh hour.
Moreover, this realization
affects the behaviour of other key players: Tory government ministers opposed
to their prime minister, the leader of the Labour opposition, Jeremy Corbyn,
members of Labour’s front bench who are opposed to Corbyn, and the German and
French governments. Every significant political actor in this game has an
incentive to sit back and let the clock tick down to the bitter end. With fewer
than three months left, the prospect of Britain falling out of the EU without a
deal is, understandably, terrifying. A natural response is to call for an
extension of Article 50, to reset the clock and give negotiations more time.
That instinct must be resisted.
Any resetting of the clock
would simply extend the paralysis, not speed up convergence toward a good
agreement. Giving May another three months, or even three years, would do
nothing to create incentives to reveal hidden preferences or to drop fictitious
red lines.
Indeed, the worst aspect of
May’s deal, which Parliament emphatically and wisely rejected, was that it
extended the transition process until 2022, with the UK committing to paying
around $50 billion, and possibly more, to the EU in exchange for nothing
more than unenforceable promises of some future mutually advantageous deal. Had
Parliament voted in favour of May’s deal, it would have prolonged the current
gridlock to a new cliff edge three years hence. The only plausible reason for
resetting the Article 50 clock is the aspiration to hold a second referendum on
whether to rescind Brexit altogether. But, unlike the first referendum, which
could be framed as a yes-no leave-stay question, there are now multiple options
to consider: May’s deal, a softer Brexit keeping Britain within the EU’s single
market, a no-deal Brexit, remaining in the EU altogether, and so forth.
Agreeing on the precise form of preferential voting between these options is no
easier than agreeing on Brexit in the first place.
To synthesize competing
views into one coherent position, Britain needs more than a voting scheme:
it needs a People’s Debate that the ticking clock makes impossible,
even if reset. The standstill and the phoney negotiations will thus come to an
end only if the made-up deadline is allowed to expire by a Parliament willing
calmly to say “no” to unacceptable deals negotiated by May and the EU. Allowing
the clock to run down is now a prerequisite for resolving the Brexit conundrum.
What will happen if the
impasse continues until March 29, without a formal extension of the Article 50
period? The threat from Brussels is that the EU will shrug its shoulders and
allow a disorderly Brexit, with substantial disruption to trade, transport, and
so forth. But it is much more likely that German business, along with the
French and Dutch governments, would be up in arms against such a turn, and
demand that the European Commission use its powers indefinitely to suspend any
disruption in Europe’s ports and airports while meaningful negotiations begin
for the first time since 2016.Once we are at, or close to March 29, heightened
urgency will dissolve tactical procrastination. May’s deal will have bitten the
dust, and Remainers will be closer to accepting that time is not on the side of
a Brexit-annulling second referendum, perhaps turning their attention to the
legitimate aim of a future referendum to re-join the EU.
At that point, government and
opposition will recognize that only two coherent options remain for the
immediate future. The first is Norway Plus, which would mean Britain would
remain for an indeterminate period in the EU single market (like Norway), and
also in a customs union with the EU. The second is an immediate full exit, with
Britain trading under World Trade Organization rules while Northern Ireland
remains within a customs union with the EU to avoid a hard border with the
Republic of Ireland. Narrowing it down to two options will enable Parliament to
choose.
Once MPs acknowledge that
freedom of movement between the UK and the EU is a red herring, the most likely
outcome is Norway Plus for an indeterminate, deadline-free period. Then and
only then will Parliament and the people have the opportunity to debate
the large-scale issues confronting Britain, not least the future of the UK-EU
relationship.
Norway Plus would, of course,
leave everyone somewhat dissatisfied. But, unlike May’s deal or a hasty second
referendum, at least it would minimize the discontent that any large segment of
Britain’s society might experience in the medium term. And, because minimizing
the discontent, along with a deadline-free horizon, are prerequisites for the
people’s debate that Britain deserves, the overwhelming defeat of May’s deal
may well be remembered as a vindication of democracy.
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