Whilst the whole exercise has been played up as a cause for hope that May’s tragedy of a ‘deal’ will pass in the next two weeks, the reality of Geoffrey Cox being sent off to Brussels to negotiate a by-pass to the Backstop, has been nothing more than an elaborate play on time.
The fact that the goalposts have now moved to a discussion with the EU which has already again ruled out a time clause or unilateral exit mechanism, and moved on to a one-sided debate about arbitration instead should be telling everyone, everything once again that they should already know.
May’s deal is not a deal. It is a deliberate, intentional and malevolent trap which will be the equivalent of a prison cell for the UK, unless we retain the ability to walk away from it unilaterally and without the consent of any other party, at any time.
That the EU are currently insisting that an arbitration mechanism would have to involve the ECJ again demonstrates just how essential it is to them that the deck is not only stacked in their favour, but in respect of Brexit, is well and truly rigged.
Even if Cox should succeed in an agreement for a third-party system of arbitration without the ECJ being involved which could be argued as being impartial and therefore fair, it’s use overlooks the fact that arbitration, mediation, dispute resolution or any other system of negotiation that you could ever wish to involve in circumstances in any way similar to these, only determines the terms under which an agreement is or can be reached, and how things go forward from that point thereafter.
Arbitration is not a system that is there to make the decision to do something for anyone. It is about method and nothing more.
To use arbitration as a method of making a choice would in effect be the surrender of decision making responsibility to a third and non-involved party to make that choice for and on behalf of one and/or both parties.
It takes the decision at the very heart of the problem away from the two constituent parties that are involved.
That is why the EU will not even consider the option unless it’s own Court system, the ECJ is the elected arbitrator and therefore the decision would always be beneficial to them rather than the UK.
It is both sad and highly regrettable that so many opportunities have been missed to stop Theresa May and for the whole Brexit process to have been taken a different and fundamentally beneficial-to-the-UK way.
Now, the excuse we have for a Parliament is on the verge of selling out everything to nothing more than Foreign Rule, because the EU have placed a very good bet that Remainers and those other Politicians in the majority who cannot see beyond their own fears and self interest, would cave in at the last minute and back this travesty of a so-called agreement which is the bastard child and legacy of Theresa May.
Whilst Malthouse offered a sensible compromise for anyone who genuinely wanted to find a collective way forward, such plans are and never were in the favour of Prime Minister May.
The only option available to any MP who wants to see Brexit delivered and democracy in this Country existing after the time of May is to vote down May’s deal yet again and then vote for a no-deal exit on the 29th of March the following day.
Yes, the maths in Parliament now means that a delay is more likely than not. But the certainty that would have been available to this Parliament if May had been removed earlier is no longer available as a choice.
So without the control which is simply not present within any of the current choices, riding the wave and making the right decision each and every time there is one to be made is the only way that the right result for the People will be reached and a real Brexit delivered in the end.