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Posts Tagged ‘The Malthouse Compromise’

Whatever the Brexit deal, our inability to leave at will makes it a prison cell and arbitration will not be a key to unlock the door

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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.

No Mr. Verhofstadt, irresponsibility is signing the UK up to an agreement with the EU that only you can walk away from

February 6, 2019 Leave a comment

img_2558Stunned as we all should be that the Conservative Party and Parliament itself has allowed May to take things this far, the reality today is that 8 days from now, May is going to come back with an unchanged Withdrawal Agreement and the expectation that she will just continue going around in circles until a majority of our MPs toe her line.

Nothing has changed.

Not since the Vote in Parliament last week.

Not since the Vote in January.

Not since the Vote was canceled in December.

In fact, not since the Prime Minister tabled her notorious sell-out, dumped on an almost fully acquiescing Cabinet last July.

May made it clear with her announcement in Northern Ireland yesterday that she will not seek the removal of the ‘backstop’ in her talks coming up tomorrow with the EU.

Nobody should now be deluding themselves that whatever she comes back with for Valentines Day will be at best, mealy-mouthed words, without substance, guarantee or any intrinsic value to what they say.

Helpful as ever, Guy Verhofstadt has now stepped in to back up the Prime Ministers position from May’s back room in Brussels to preach to us that it would be irresponsible not to have an insurance policy in place.

But insurance for who exactly Mr. Verhofstadt?

This nonsense backstop that has been created is not any kind of insurance for the UK.

The Backstop is an irreversible tie-in to a legally binding obligation to only ever be in a relationship with the EU, in which only the EU has power and as such can actually control.

We do not need a minimum trading arrangement with the EU which will never allow us to do anything more. And we stand to lose so much more than we realise by allowing the fearful in business in government to stop us all from gaining so much, because they have self-serving interests that they do not want to lose.

No, the UK is not just about trade and economics.

The economic and financial benchmark we are being sold as the way to interpret success, failure and our future is disingenuous in at best.

It is not our true reality as a Country, no matter how credible the lies might sound that we are now being so regularly told.

May has effectively now told us that she is not seriously entertaining the Malthouse Agreement, no matter what we have otherwise been told.

We can only now hope that the ERG Group of Conservatives and all those MPs from across the House who put their Constituents first will stand firm next week and be clear that May can no longer continue.

For as long as she is Prime Minister, it will be her ‘deal’, a ‘Brexit in name only’ exit from the EU, and everything else will be obfuscation and lies, whilst she waits for the last shreds of British Democracy to hit the road.

 

 

 

 

Any compromise over Brexit that actively involves all sides has to be taken seriously and the real obstacle to progress is now firmly located in No.10

January 29, 2019 Leave a comment

img_2513Brexit has been mismanaged from the start. Much of the problem has been the many competing priorities and motivations belonging to the key influencers who have been involved, but this itself is in no small part due to the biggest Brexit problem of them all. The absence of good, decisive and responsible leadership.

The Brexit process over recent months could have gone in different directions at many different points and it is regrettable that there has been a distinct absence of vision and understanding on the benches of the Commons. Vision which could have seen that a deal, formula, pathway or whatever you want to call it has never been just about an agreement itself, but about the people involved, the chronology of events, the changing landscape and yes, a whole lot more besides.

We are where we are. So no matter what has come before, there is no sensible option beyond trying to play with the hand that is available.

So when a compromise arrives in a form which could work for our MPs and our Country too, the focus should be shifting to identify and remove the blocks to realising that opportunity for progress. Not dwelling on who has ownership, who claims the legacy, who will be upset or anything more.

The reality is that the very best ‘deal’ that would be available to the UK could only be negotiated from the position and mindset of already being out of the EU.

With the obsession over plans and having to have a strategy in place which our MPs have, it is clear that the current Parliament will not willingly support this pathway.

As such, it is vital for MPs to accept the closest thing to that which they find acceptable.

From the information now available, it looks very much like the Malthouse Compromise could be the opportunity that everyone – and not least all of us outside of Westminster have been waiting for.

This Plan is far from perfect for either side. I say this with a firm belief that in the right hands from the start of this process, Brexit could immediately upon Leaving in March have promised the UK a massive amount more.

Because of what has happened during the Brexit process, the decision and therefore the method of our departure has become about so much more than just Brexit itself.

From this point alone, the Malthouse Compromise has to be seen as potentially the least trouble-free pathway to getting out of the EU, on time, with the prospect of building a working relationship with our former partners and in a way which at the very least honours the spirit of the Referendum Vote, even if at this stage it would be impractical to expect any more.

As a lapsed, but nonetheless lifelong conservative, it gives me no pleasure to feel or openly be so very critical of a Conservative PM.

But the situation we are facing over Brexit and beyond is so very, very serious, there must be a collective acceptance that with May at the helm, compromise penned by anyone other than her and her coterie of advisers, is not in her plan. It is not in her mind an acceptable form of what this Brexit process will become.

Never mind the missed opportunities and the what could haves, what should haves and everything that has gone before and been done. The way to get this problem solved is to remove the obstacle of a spent force as a Prime Minister to whom owning the legacy of a Brexit deal is all that her premiership has now become.

The Conservative Party has the ability to remove her right now if there is collective recognition amongst the Parliamentary Party of how dire this situation has become.

Personal ambition must be put to one side so that a leader can be Elected and installed in No.10, who will embrace the catalyst for change over Brexit. A new Prime Minister who can set off the reaction and chain of events now needed here within our own Parliament.

And then take it to Brussels not as a question, but as a statement of intent and overview of what our departure from the EU will look like.

Something that the EU can choose to embrace or reject. But with the consequences made very clear that failing to engage with what is on offer to them will leave the EU responsible for what follows, and that it is our commitment to prosper and be a friend to all Nations who are friendly to us, no matter what they think or then do.

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